1. Acceptance of These Terms

Welcome! This website, www.festively.com (the “Site,” including all subdomains), is a copyrighted work belonging to Festively (“we,” “us,” “our,” and “company”). These terms of use (the “Terms”) govern your access to and use www.festively.com (the “Site”). Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user (“you” and “your,” including any entity you represent) and are incorporated herein by reference.

[Define Member, Vendor, Side Hustler]

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND FESTIVELY. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.

PLEASE CAREFULLY REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. License to Use Website

You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent that you are at least 18 [eighteen] years of age. This Site primarily operates as a for-profit business website. Subject to these Terms, granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the services provided by the Site.

MEMBERS

On the SITE you can find party essentials from local vendors. As a Member, you acknowledge that while we use techniques to help verify the identity of Vendors when they apply for a subscription and showroom on our Site, we cannot and will not guarantee each Vendor’s identity, capabilities, that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particular Vendor nor do we guarantee the quality of their goods or services. In addition to using our Site, you should do your due diligence in identifying organizations that provide the products and services you need to ensure the service providers you choose to do business are appropriate for you.

VENDORS:

You can rent or sell your products or services on the Site. By creating a showroom, you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” refer to that company or other entity.

As a Vendor you acknowledge that we will not endorse you or your products or services. We are in no way responsible for assisting you in reaching an agreement with Members. We are not responsible for assisting you in providing goods and services to Members. Your subscription to our Site may not be transferred or sold to another party.

As a Vendor you must list the true and correct name of your business on the Site. If there is a change to that business name, Vendors must promptly update the Site and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. By joining our Site, you agree to (i) provide us with accurate, complete information about yourself and to update this information as needed, (ii) safeguard your username and password, and (iii) be responsible for all activity of your account.

We may offer different types of paid subscriptions. For instance, we may offer “Festively Ready,” “Festively Set” or “Festively Go.” These subscriptions do not guarantee any advertising placement or other benefits. We reserve the right to modify the terms of or cancel any such vendor subscriptions.

If you are a Vendor and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all user reviews and other Site content previously associated with such account.

SIDE HUSTLER:

On the Site customers come to find items and services for their parties. As a side hustler on the Site you can put to work the party items you have stored and place them on the Site for rent or sell. Everything you list must be a party item or service. Check with your city/state on any special license requirement. You agree you will abide by the local, state and federal laws in connection with selling or renting on this Site.

3. Using the Site

By using this Site you agree to use the service in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in California, United States. This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.

The following uses of the Site are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:

1. Using the Site in a manner that causes, or may cause, damage to the Site or in a way that impairs visitors’ abilities to access or use the Site, including using the Site in a manner or for a purpose that is unlawful or fraudulent;