Welcome to Celzam.com and/or its affiliates. (“Celzam”, “Celzam Website”) provide website features and other products and services to you when you visit or shop at Celzam.com, use Celzam products or services, use Celzam applications for mobile, or use software provided by Celzam in connection with any of the foregoing (collectively, “Celzam Services”). By using the Celzam Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of Celzam Services, and sometimes additional terms may apply. When you use a Celzam Service (for example, Your Profile, Gift Cards, Celzam Reviews, Celzam Sell/Trade, Your Media Library, or Celzam applications) you also will be subject to the guidelines, terms and agreements applicable to that Celzam Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Policy Notice, which also governs your use of Celzam Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Celzam Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Celzam Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Celzam Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Celzam or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Celzam Service is the exclusive property of Celzam and protected by U.S. and international copyright laws.
TRADEMARKS
Any graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Celzam.com Website or Celzam Service are trademarks or trade dress of Celzam in the U.S. and other countries. Celzam’s trademarks and trade dress may not be used in connection with any product or service that is not Celzam’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Celzam. All other trademarks not owned by Celzam that appear in any Celzam Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Celzam
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Celzam or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Celzam Services. This license does not include any resale or commercial use of any Celzam Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Celzam Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Celzam or its licensors, suppliers, publishers, rightsholders, or other content providers. No Celzam Service, nor any part of any Celzam Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Celzam You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Celzam without express written consent. You may not use any meta tags or any other “hidden text” utilizing Celzam’s name or trademarks without the express written consent of Celzam You may not misuse the Celzam Services. You may use the Celzam Services only as permitted by law. The licenses granted by Celzam terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Celzam account to use certain Celzam Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Celzam does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Celzam Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Celzam Account. Celzam reserves the right to refuse service, terminate accounts, terminate your rights to use Celzam Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Celzam reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Celzam a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Celzam and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Celzam for all claims resulting from content you supply. Celzam has the right but not the obligation to monitor and edit or remove any activity or content. Celzam takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Celzam respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from Celzam are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Celzam does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Celzam does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
PRODUCT DESCRIPTIONS
Celzam attempts to be as accurate as possible. However, Celzam does not warrant that product descriptions or other content of any Celzam Service is accurate, complete, reliable, current, or error-free. If a product offered by Celzam itself is not as described, your sole remedy is to contact us or return it in unused condition.
PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Celzam and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Celzam
If the correct price of an item sold by Celzam is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally charge your credit card at the time you make your purchase online or after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created by Celzam, such as the Celzam App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
SANCTIONS AND EXPORT POLICY
You may not use any Celzam Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Celzam Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Celzam Website), technology, and services.
OTHER BUSINESSES
Parties other than Celzam may operate stores, provide services or software, or sell product lines through the Celzam Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Celzam We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Celzam does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CELZAM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CELZAM SERVICES ARE PROVIDED BY CELZAM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CELZAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CELZAM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CELZAM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CELZAM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, CELZAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CELZAM DOES NOT WARRANT THAT THE CELZAM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Celzam SERVICES, Celzam’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Celzam ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Celzam WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Celzam SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Celzam SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any Celzam Service will be adjudicated in the state or Federal courts in San Francisco County, California, and Kings County, Brooklyn, New York. You consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
APPLICABLE LAW
By using any Celzam Service, you agree that applicable federal law, and the laws of the state of California and New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Celzam.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Celzam Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESSES
170 53rd Street, Brooklyn, NY 11232 (1) 646-466-0524
181 S Park St San Francisco, CA 94107 (1) 559-335-8026
Celzam.com, Inc.
https://www.Celzam.com
ADDITIONAL CELZAM WEBSITE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Celzam Services (the “Celzam Website”).
Use of the Celzam Website. You may use Celzam Website solely for purposes of enabling you to use the Celzam Services as provided by Celzam, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Celzam Website into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Celzam Website in whole or in part. All software used in any Celzam Service is the property of Celzam or its software suppliers and is protected by United States and international copyright laws. Use of Third Party Services. When you use the Celzam Website, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Celzam Website, whether in whole or in part. Updates. We may offer automatic or manual updates to the Celzam Website at any time and without notice to you. Government End Users. If you are a U.S. Government end user, we are licensing the Celzam Website to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Celzam Website are the same as the rights we grant to all others under these Conditions of Use. Conflicts. In the event of any conflict between these Conditions of Use and any other Celzam or third-party terms applicable to any portion of Celzam Website, such as open-source license terms, such other terms will control as to that portion of the Celzam Website and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Celzam accepts service of subpoenas or other legal process only through Celzam’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following addresses:
Celzam.com, Inc. 170 53rd Street, Brooklyn, NY 11232 (1) 646-466-0524
181 S Park St San Francisco, CA 94107 (1) 559-335-8026
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Celzam devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Copyright Agent Celzam.com Legal Department 181 S Park St San Francisco, CA 94107 e-mail: copyright@Celzam.com
Courier address: Copyright Agent Celzam.com Legal Department 181 S Park St San Francisco, CA 94107 USA
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Seller Return Policy When you order from a seller that fulfills and ships its own inventory (also called a third party seller), your return is sent back to the seller instead of Celzam While most sellers offer a returns policy equivalent to Celzam’s, some seller returns policies may vary. You can view the return policy of the seller before you purchase an item by viewing the Returns and Refunds Policy section of the seller profile page.
Third-party sellers must either provide a return address within the United States, provide a prepaid return label, or offer a full refund without requesting the item be returned. If a seller does not offer these methods to return your items, you may file a Celzam Buyer Protection claim to seek help with your return.
If you are sending the item within the United States and the order is valued at $100 or more, insure the shipment for the value of the merchandise and ship your return with a signature shipping service. Items valued over $35 must be returned to the seller with a trackable shipping service. For items below $35, we suggest USPS delivery confirmation service. If a package doesn’t arrive and you don’t use a trackable method to return or if you refuse the shipment as a method of return, we may not be able to cover you under Buyer Protection.
Celzam Refund/Returns Policy Our refund and returns policy lasts 30 days. If 30 days have passed since your purchase, we can’t offer you a full refund or exchange.
A 15% restocking fee will be charged on all returned items.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several non-returnable items: – Damaged products – Unusable products – Downloadable software products – Any item not in its original condition, is damaged or missing parts for reasons not due to our error – Items returned more than 30 days after delivery
To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
Refunds Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve completed all of these steps and you still have not received your refund yet, please contact us at {email address}.
Sale items Only regular or sale-priced brand new items may be refunded. Used, refurbished, or open-box items cannot be refunded.
Exchanges We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at {email address} and send your item to: {physical address}.
Gifts If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.
Shipping returns To return your product, you should mail your product to: {physical address}. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Need help? If you have any questions about this Agreement, please contact us.
