Website Terms & Conditions

Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ Camellia Memories, LLC., a Louisiana limited liability company (“Company” or “We” or “Us” or “Our”)

Last Updated on November 15, 2022.

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​(the “Terms of Use”) are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​accessing or using this website or purchasing ​ ​any​ ​of​ ​Our​ ​products.

GENERAL PROVISIONS
 “You” or “Your” refers to any person accessing or using this website or purchasing any products or services from us (the “Offering”).

You affirm that you (i) are at least eighteen (18) years of age,  (ii) are fully competent to enter into the terms, conditions, and obligations set forth in these Terms of Use, and (iii) understand and will comply with these Terms of Use. You are legally bound to these Terms and Conditions of Use whether or not You have read them.

Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the full-time accessibility for use of the website.  

We may change these Terms of Use at any time without notice other than posting the revised terms on this website with the “Last Updated” date at the top of this page.

OUR PRODUCTS AND SERVICES
Offerings ​are owned by Us.  We offer Custom Designs and Semi-Custom Designs as described below. For the specific details, please refer to your contract (Custom Designs) or the Semi-Custom Invitation & Artwork Order Terms (Semi-Custom Designs). In general:

 For Custom Designs:

·      We will enter into a Design Services and Stationery Order Agreement with You for any custom design services and products. This agreement will specify what You and We can do with the custom design, Your responsibilities, the design process, the required deposit to start work, design changes and proofing, and other policies and terms.

·      The Design Services and Stationery Order Agreement must be signed by both You and Us, and Your deposit received, before any custom design work will begin.

·      DIGITAL FILES: We will release digital files to You for Custom Designs for production of specialty items for Your wedding, but you may not reproduce Custom Designs commercially in any way or transfer to another person or use for a different wedding.

·      The general time frame for custom design orders is approximately six (6) to (8) weeks.

·      New venue illustrations and monograms are custom designs.

 For Semi-Custom Designs:

·    If You do not purchase custom design services and choose one of Our semi-custom invitations, You must agree to the Semi-Custom Invitation & Artwork Order Terms, which will be provided with your order. These terms specify what You can and cannot do with artwork from Our semi-custom invitations, the number and kinds of changes allowed, Your proofing obligations, and other policies and terms.

·      RESTRICTED USE OF SEMI-CUSTOM DESIGNS: You understand that the designs used in your order remains the exclusively property of Camellia Memories and that Camellia Memories may resell, distribute, modify, re-use, and display these designs in any digital or physical form perpetually and may re-use these designs with other clients.

·      No digital files will be released for the Semi-Custom Designs, and you understand and agree not to provide any Camellia Memories Designs to third-parties for production of specialty items for your wedding or for any other purposes whatsoever.

·      The general time frame for semi-custom designs is three (3) to five (5) weeks.

·      Monograms and existing venue illustrations are Semi-Custom Designs.

INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks on this website are owned by and are the property of Us (Camellia Memories, LLC). We retain all copyrights and other intellectual property rights in all our designs and artwork and the work performed on custom designs. Your limited rights to use Our designs are set forth in the Design Services and Custom Order Agreement (for custom designs) and in the Semi-Custom Invitation & Artwork Order Terms (for semi-custom designs).

Except as permitted in a custom design Agreement or these terms, You should not use any of Our designs, images, text, graphics, or trademarks and service marks. If You have any questions about whether You may or may not use something, contact Us at the address listed below

 
YOUR​ ​CONTRIBUTIONS AND SITE USE
By submitting a comment, photo, video, review or other material(s) onto any website or platform owned, maintained, or used by Us, including but not limited to third-party access sites, such as Our social media channels or external public profiles on sites like Google, The Knot, Wedding Wire, and Party Slate, You agree that We have a non-revocable, perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute any or all part of Your submission and to use Your name, image, and likeness should they appear in Your submission.

Also, in using Our website, you must agree to comply with the following guidelines:

●      You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​or text that You post; and

●      You have used Our services sufficiently to speak with reasonable knowledge as to their value, aesthetics, or quality; and

●      You must not use any offensive language, that a reasonable person would consider as harassing, abusive, threatening, violent, profanity, hateful or racist speech or post information that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; and

●      Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and

●      You have not violated any patent, copyright, trademark, trade secret, or other proprietary rights of third-parties, or violated (or encouraged others to violate) any applicable laws, statutes, or regulations; and

●      You are not making any false or misleading statements or violating any person’s privacy or publicity rights; and

●      You are not affiliated with or working for any site or company We deem a competitor, at our sole discretion; and

●      You are not using Our website to engage in commercial activities or to solicit or collect other’s emails; and

●      You have not uploaded anything that contains a virus, Trojan horse, worm, bot, or other harmful programming routine; and

●      You have not posted any telephone numbers, street addresses, last names, URLs, email addresses or other personally identifying information; and

●      You do not organize a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorized to do so.

We reserve the right to accept or reject any submission by You at our sole discretion. Reviews are not Our opinions or beliefs. We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ Our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​Our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to anything You post on Our website.

​We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit to this website.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK
We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Paypal and Stripe. By utilizing these payment processors to purchase services and products, You indemnify Us and instead assume any and all risk or liability for the security of the payment details and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

 
ENTIRE AGREEMENT
These Website Terms & Conditions and the Privacy Policy together with, as applicable, the Custom Design Agreement or Semi-Custom Invitation & Artwork Order Terms constitute the entire agreement between You and Our company.

LAW AND JURISDICTION
These Terms and Conditions of Use and Our Privacy Policy are governed by and construed in accordance with laws of the State of Louisiana and the United States of America. You agree that any dispute between You and Us is subject to adjudication in the state of Louisiana, the United States of America. If any part of these Terms and Conditions of Use or the Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

ALL​ ​RIGHTS​ ​RESERVED​
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy are reserved by Company. 

CONTACT INFORMATION
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at megan@camelliamemories.com.