Terms and Conditions

OVATIONNOVELTIES.COM TERMS OF USE

IMPORTANT, READ CAREFULLY:  YOUR USE OF THE OVATIONNOVELTIES.COM WEBSITE (THE “WEBSITE”) IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”).

BY ACCESSING THE OVATIONNOVELTIES.COM WEBSITE, YOU ACCEPT THE TERMS OF USE.  IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT USE THE WEBSITE.

LEGAL AGREEMENT.  The Terms of Use constitute a legal agreement between you and Ovation Novelties, Inc., a North Carolina corporation which is the owner and operator of the OVATIONNOVELTIES.COM website (“Ovation Novelties”).  Unless otherwise amended as set forth herein, the Terms of Use will be the complete and exclusive understanding and agreement between the parties governing your access to and use of the Website and will supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the Website.

ELIGIBILITY. You must be at least 18 years of age to use this website.  By visiting this website, you warrant and represent that you are at least 18 years of age.  

PURCHASE OF PRODUCTS.  Prices for any products offered through the Website are in U.S. tender and subject to change without notice.  Ovation Novelties reserves the right at any time to modify or remove products from the Website without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the offer of products through this Website.

We reserve the right to refuse any order you submit to us. We may, at our sole discretion, limit or cancel orders.  These restrictions may include requests placed by or under the same user account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  

You agree to provide current, complete, and accurate purchase and account information for all orders made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  Your credit card information is always encrypted during transfer over networks.

In the event you provide fraudulent information through your enrollment process, including fraudulent payment information, we reserve the right to bring court proceedings against you for any damages we may suffer.

SHIPPING.

Our default shipping method is the United States Postal Service (USPS) First Class Mail, however we also offer premium shipping options by Federal Express (FedEx). Whichever service you select, you will receive an email with a tracking number when your order ships. For international orders using USPS, some countries will continue tracking all the way to your door while others will only track to the U.S. border depending on your country’s postal policies and capabilities. With FedEx your order will show tracking details for the entire journey.

RETURN POLICY.  Ovation Novelties wants you to be 100% satisfied with your products.  If you are unhappy with any product you order through this Website, you may return it within 60 days of receipt for a full refund less original shipping charges, regardless of whether you received free shipping.  The maximum shipping charge we will deduct is the amount we paid to ship your order to you. Please allow up to 2 weeks for Ovation Novelties to process your return.  Our address for returns is:

Ovation Novelties, Inc.

1320 Hampton Avenue Extension

Suite 4A

Greenville, SC 29601

REPRESENTATIONS AND WARRANTIES.  You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the Website any materials which restrict or inhibit any other user from using and enjoying the Website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.

AGREEMENT UPDATES.  Ovation Novelties reserves the right, at any time, to modify, alter, or update the Terms of Use without prior notice.  Modifications shall become effective immediately upon being posted on the OVATIONNOVELTIES.COM website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications.  Except as provided in this paragraph, the Terms of Use may not be amended. The Terms of Use operate to the fullest extent permissible by law. If any provision herein is unlawful, unenforceable, or void, that specific provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

SYSTEM REQUIREMENTS. Use of the Website requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Website involves hardware, software, and Internet access, your ability to use such Website may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

CHANGES TO THE WEBSITE.  Ovation Novelties reserves the right to modify or stop the Website (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Ovation Novelties may post on our website notice of such changes to the Website. It is your responsibility to review our website for any such notices. You agree that Ovation Novelties shall not be liable to you or any third party for any modification or cessation of the Website.  

TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the Website are the property of Ovation Novelties. Ovation Novelties retains all rights with respect to any of their respective intellectual property appearing in the Website. All contents of the Website are: Copyright 2016 Ovation Novelties, Inc., all rights reserved.

THIRD PARTY SOFTWARE AND WEBSITES.  The Website may contain or include software code owned or provided by third-parties (“Third-Party Software”). For any Third-Party Software clearly indicated to be subject to the terms of a third party software license (a “Third-Party License”), the terms of the applicable Third-Party License will apply to the Third-Party Software independent of the Terms of Use. All other Third-Party Software distributed to you by Ovation Novelties may be used only under the Terms of Use. Nothing in the Terms of Use limits your rights under, or grants rights to you that supersede, the terms of any applicable Third-Party License. The Website may provide links to third-party sites that are not under the control of Ovation Novelties, and Ovation Novelties is not responsible for any content on any linked site. If you access a third-party site through the Website, then you do so at your own risk. Ovation Novelties provides links only as a convenience, and the inclusion of the link does not imply that Ovation Novelties endorses or accepts any responsibility for the content on those third-party sites.

LIMITATIONS ON USE.  The Website are for your personal and non-commercial use only. You will not reproduce, resell, or distribute the Website for any purpose. You will not offer or use the Website on a timeshare basis, use the Website to generate income, or use the Website for the development, production, or marketing of a service or product substantially similar to the Website. You shall not engage in any activity or use the Website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Website.

DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OVATION NOVELTIES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, OVATION NOVELTIES MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SATISFYING REQUIREMENTS OF THE ACTIVITIES FOR WHICH YOU ARE USING THE WEBSITE; (II) YOUR USE OF THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OVATION NOVELTIES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT OVATION NOVELTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE, OR OTHER INTANGIBLE LOSSES (EVEN IF OVATION NOVELTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITE (II) ANY CHANGES MADE TO THE WEBSITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE WEBSITE OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (IV) ANY OTHER MATTER RELATING TO THE WEBSITE.  SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, OVATION NOVELTIES’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OVATION NOVELTIES AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.

OBJECTIONABLE MATERIAL.  You understand that, by using the Website, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as objectionable material. Nevertheless, you agree to use the Website at your sole risk, and Ovation Novelties shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

FORCE MAJEURE. In addition to any excuse provided by applicable law, Ovation Novelties shall be excused from liability related to the Website arising from any event beyond Ovation Novelties’s reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

INDEMNIFICATION.  To the fullest extent permitted under law, you agree to indemnify, defend, and hold harmless Ovation Novelties and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Website, your violation of the Terms of Use, or the infringement or violation by you or any other user of your account of any intellectual property or other right of any person or entity.

PRIVACY POLICY. Click here or direct your web browser to https://ovationnovelties.com/privacy-policy/to view a copy of Ovation Novelties’s current privacy policy (the “Privacy Policy”). By accessing or using the Website, you expressly consent to the use and disclosure of your personally identifiable information as described in the then current Privacy Policy. Notwithstanding anything in the Privacy Policy, Ovation Novelties will have the right to collect, generate, extract, compile, synthesize, and analyze non-personally identifiable data, information and other content resulting from or arising from your use of and access to the Website. All such data, information, and other content will be solely owned by Ovation Novelties and may be used by Ovation Novelties for any lawful business purpose without a duty of accounting to you, provided that the data, information, and other content is used only in an aggregated form, without directly identifying you.

ASSIGNMENT. Neither the Terms of Use nor any of your rights or obligations hereunder may be assigned, transferred, or delegated by you in whole or in part, by operation of law or otherwise, without the prior written approval of Ovation Novelties. Any assignment, transfer, or delegation in derogation of the foregoing shall be null and void. Ovation Novelties may assign, transfer, or delegate the Terms of Use, any obligation or right hereunder, or any portion hereof at any time without notice to you.

EXPORT RESTRICTIONS. You acknowledge that the Website, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Website or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

CHOICE OF LAW AND FORUM. The Terms of Use shall be governed by and construed under the laws of the State of South Carolina, as applied to agreements entered into and to be performed in South Carolina by South Carolina residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Greenville County, North Carolina.

WAIVER. Failure by either party to exercise any of its rights under, or to enforce any provision of, the Terms of Use will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.

-The Ovation Novelties Team