Terms & Conditions
Agreement to Terms
By using or otherwise accessing our Services, you are acknowledging that: (a) you have read and understood these Terms, and (b) you unconditionally agree to comply with, and be legally bound by, these Terms as they exist on the date of each such use or access. If you disagree with any of these Terms in any way, please immediately stop all use of the Company’s Services. If you have any questions or need any clarifications, please contact us before using the Services.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We may modify these Terms at any time. Any such modifications shall apply immediately on the “Last Revised” date depicted above. Your use of the Services, or failure to terminate your account with us, during thirty (30) days subsequent to any modifications will constitute acceptance of the Terms as so changed. As such, please check the “Last Revised” date prior to each use of the Services by you, as you will be bound by these Terms as they exist on the date of each such use.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Without limitation to all other rights of the Company, we expressly reserve the right at any time to:
Modify these Terms as provided herein;
Change the Services, including eliminating or discontinuing any content on or feature of the Services, and/or adding new features, categories, business models, offerings;
Change any fees or charges for using the Services;
Change, edit, add to, disable or delete any information or imagery at our sole discretion, or other content within the Services, without notice;
Hold a full payment if at our sole discretion we determine that the booking is a risk for fraud;
Nature of the Company’s Service. Bestsigningtelegrams.com is an E-Commerce Site. The Company’s Service consists of a desktop Web application, mobile applications, and other related tools, support and services that groups or individuals who purchase Services (“Clients”) can use to purchase singing telegram services and gift delivery services.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Children Under Thirteen
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use bestsigningtelegrams.com only with permission of a parent or guardian.
When you book one of our performers, we reserve their time exclusively for your event. Therefore, we have a cancellation policy in place to compensate our performers for their time and effort.
Please note that if you cancel a single character after placing an order, a cancellation fee of $50 will be charged. Additionally, if you cancel within 48 hours of your event, no part of the purchase amount can be refunded.
However, you can reschedule your performance to any day within seven days of the originally scheduled date, while maintaining the same character/serenade, without incurring any extra fees. If you wish to reschedule for a date beyond the seven-day window, or if you decide to change the character/serenade, an additional fee of $50 will apply.
We understand that unforseen circumstances can arise, and you may need to reschedule or make changes to your performance time/date. In the event that you need to make any adjustments within 72 hours of your scheduled event date/time, a $50 charge per character will be applied to compensate the performer(s) for their time and preparation.
For instance, for two characters, the cancellation and time change fee will be $100, and for three characters, it will be $150.
We appreciate your understanding and cooperation in respecting our performers' time and commitment to their craft. We value their professionalism and dedication to providing excellent service to our clients.
Links to Third Party Sites/Third Party Services
Bestsingingtelegrams.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.
Certain services made available via bestsigningtelegrams.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the bestsigningtelegrams.com domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of bestsigningtelegrams.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]
Materials Provided to bestsigningtelegrams.com or Posted on Any Best Singing Telegrams Web Page
The Company does not claim ownership of the materials you provide to bestsigningtelegrams.com (including feedback and suggestions) or post, upload, input or submit to any Best Singing Telegrams Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Materials Provided by bestsigningtelegrams.com
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our Content accessed through bestsigningtelegrams.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved under the auspices of the American Arbitration Association (“AAA”) in Buena Park, California in accordance with the Arbitration Rules and Mediation Procedures of the AAA including, but not limited to, the rules and procedures applicable to the selection of arbitrators. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of California.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
If we terminate or suspend your account or related Services for any reason, you are prohibited from registering and creating a new account, or purchasing services, under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
We reserve the right, in its sole discretion, to change the Terms under which bestsigningtelegrams.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
These Terms shall be governed by and defined following the laws of California. The Company and yourself irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at firstname.lastname@example.org.
Effective as of March 20, 2023