Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you and CDN4 LLC, a Florida limited liability company doing business as CelebrateBanner ("CelebrateBanner," "we," "us," or "our"), with respect to your use of celebratebanner.com, app.celebratebanner.com, and related subdomains and services (collectively, the "Service").

By accessing the Service, placing an order, or otherwise interacting with us, you confirm that you have read, understood, and agreed to these Terms, our Privacy Policy, and our Return & Refund Policy. If you do not agree, do not use the Service.

2. Eligibility

To use the Service or place an order, you must:

• Be at least 18 years old, or have a parent or legal guardian complete the order on your behalf;
• Have the legal capacity to enter into a binding contract under the laws of your jurisdiction;
• Provide accurate and complete information at checkout;
• Use the Service only for lawful, personal, or business purposes consistent with these Terms.

We may refuse service, cancel orders, or terminate access at our discretion if we have reason to believe these conditions are not met.

3. Your Content and the License You Grant Us

You own your content

You retain all ownership and intellectual property rights in the photos, text, names, dates, logos, and other content you upload to or create within the Service (collectively, your "User Content"). We do not claim ownership of your User Content.

Limited license to fulfill your order

To produce, print, ship, and deliver your banner, we need a limited license to handle your User Content. By uploading or submitting User Content, you grant CelebrateBanner and its sub-processors (including Cloudinary for image storage, our print fulfillment partners for production and shipping, AWS for file storage, and the other vendors listed in our Privacy Policy) a worldwide, non-exclusive, royalty-free license to:

• Store, copy, host, transmit, render, and process your User Content;
• Crop, resize, color-correct, and otherwise format your User Content for printing;
• Print, manufacture, and ship the resulting banner to your designated recipient;
• Retain your User Content for the periods described in our Privacy Policy (currently 90 days for drafts, 12 months for final renders).

This license is strictly limited to fulfilling your order and operating the Service. We do not use your User Content for marketing, advertising, training AI models, or any other purpose without your express written consent. The license terminates when we delete your User Content according to our retention schedule, except to the extent we are legally required to retain it.

Your warranties about User Content

By uploading User Content, you represent and warrant that:

• You own the User Content, or have a valid license, permission, or other legal right to use it for the purpose of producing a personalized banner;
• You have obtained any necessary consents from people depicted in your photos (or, where the depicted persons are minors, from their parents or guardians);
• Your User Content does not infringe the copyright, trademark, publicity rights, privacy rights, or any other rights of any third party;
• Your User Content does not violate any applicable law.

You agree to indemnify CelebrateBanner against any third-party claim arising from your User Content (see Section 12).

4. Prohibited Content and Use

You may not upload User Content that:

• Is sexually explicit, pornographic, or sexualizes minors in any way;
• Depicts graphic violence, gore, or content glorifying self-harm or harm to others;
• Promotes hatred, harassment, or discrimination against any individual or group;
• Infringes copyrights, trademarks, or other intellectual property rights of third parties (including unlicensed celebrity photos, branded characters, sports league logos, or stock images you do not have a license for);
• Includes images of identifiable people who have not consented to their image being printed;
• Violates any applicable law or regulation.

We reserve the right to refuse, cancel, or refund any order whose User Content, in our sole judgment, violates this Section. Where we identify a clear violation after production has begun, we may halt fulfillment and issue a refund of the print cost. We are not obligated to review or pre-screen User Content, and our decision not to act on any particular submission does not waive our right to act on others.

You also agree not to: (a) reverse-engineer, scrape, or otherwise interfere with the Service; (b) use the Service to send spam or malicious code; (c) attempt to access accounts, orders, or data that are not your own; or (d) use any automated system to place orders without our written consent.

5. Orders, Pricing, and Payment

Pricing

All prices are listed in U.S. dollars and exclude applicable sales tax, which is calculated at checkout based on your shipping address. We may update pricing at any time; the price displayed at the moment you place your order is the price that applies to that order.

Order acceptance

Your submission of an order constitutes an offer to purchase. We accept your offer when we send an order confirmation email and charge your payment method. We reserve the right to decline or cancel any order before that point — for example, if we suspect fraud, if a product is unavailable, if the User Content violates Section 4, or if there is a pricing or description error.

Payment

Payment is processed by Stripe. By providing payment information, you authorize us to charge your selected method for the full order total, including taxes and shipping. You represent that you are authorized to use the payment method provided. Failed or reversed payments may result in cancellation of your order.

Pricing errors

In the rare event that a banner is listed at a clearly incorrect price (for example, a typo that displays a price far below market), we reserve the right to cancel the order and issue a full refund, even after order confirmation. We will notify you by email if this occurs.

6. Production, Shipping, and Delivery

Production and shipping timeframes are governed by our Shipping Policy, which is incorporated into these Terms. Estimated delivery dates are provided in good faith but are not guaranteed.

Risk of loss and title to your physical banner pass to you when the carrier delivers the package to the shipping address you provided. For digital downloads, risk of loss passes when the download link is delivered to your email.

7. Returns, Refunds, and Cancellations

Returns, reprints, refunds, and order cancellations are governed by our Return & Refund Policy, which is incorporated into these Terms. In the event of any inconsistency between these Terms and the Return & Refund Policy regarding refunds and returns, the Return & Refund Policy governs.

8. Intellectual Property of CelebrateBanner

The Service itself — including the banner builder, the website, our trademarks ("CelebrateBanner," the CelebrateBanner logo, and any campaign-specific marks), our themes and design templates, our software code, and the overall look and feel of the Service — is owned by CDN4 LLC or our licensors and is protected by U.S. and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the purpose of designing and ordering banners for your own personal or business use. You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying software, except as expressly permitted by these Terms.

Your finished banner, as produced for you using your User Content combined with our themes and templates, is yours to use for any lawful, non-commercial purpose related to the event or occasion for which it was created. Resale of CelebrateBanner-branded templates as standalone designs is not permitted without our written consent.

9. Third-Party Services and Links

The Service relies on third-party providers (such as Stripe for payments, Cloudinary for image storage, and our print fulfillment partners for production and shipping). The Service may also link to third-party websites or content. We are not responsible for the practices, content, or availability of third-party services, and your interactions with them are governed by their own terms.

10. Disclaimers

The Service and all products are provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, CelebrateBanner disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Service or the servers that make it available are free of viruses or harmful components. Color reproduction, screen calibration, and CMYK printing inherently involve some variation; minor differences between your screen preview and the printed banner are normal and not a defect (see Section 9 of the Return & Refund Policy).

This Section does not limit your rights under our Return & Refund Policy or any non-waivable consumer protections under Florida law or applicable federal law.

11. Limitation of Liability

To the fullest extent permitted by law, in no event will CelebrateBanner, its officers, employees, or affiliates be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or related to your use of the Service or any product, whether based on contract, tort, statute, or otherwise, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for all claims arising out of or related to the Service or any product will not exceed the greater of (a) the total amount you paid to CelebrateBanner for the order giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the smallest amount permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless CelebrateBanner, CDN4 LLC, and their officers, employees, and agents from and against any third-party claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your User Content (including any claim that it infringes a third party's rights);
• Your breach of these Terms or any policy incorporated into them;
• Your violation of any law or regulation;
• Your misuse of the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.

13. Governing Law and Dispute Resolution

Governing law

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first

Before filing any formal claim, you agree to contact us at info@celebratebanner.com with the subject line "Dispute" and provide a written description of your concern, your order number, and the resolution you are seeking. We agree to do the same. Both parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days before initiating any formal proceeding.

Venue

If the dispute cannot be resolved informally, you and CelebrateBanner agree that any lawsuit will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of those courts. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.

Small claims preserved

Nothing in this Section prevents either party from bringing an individual action in small claims court, where the amount in controversy is within that court's jurisdictional limit.

Time limit

Any claim must be filed within one (1) year after the cause of action arises; otherwise, the claim is permanently barred to the extent permitted by law.

14. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service, refuse orders, or cancel pending orders if you breach these Terms, if we suspect fraudulent or unlawful activity, or if continued service would create a risk to us, our customers, or others.

Sections that by their nature should survive termination — including Sections 3 (license you have granted), 4 (prohibited content), 8 (our IP), 10 (disclaimers), 11 (limitation of liability), 12 (indemnification), 13 (governing law and disputes), and 16 (general provisions) — survive termination of these Terms.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. Material changes will be communicated by email (if we have your address) or by a notice on this page at least 30 days before they take effect. By continuing to use the Service after changes take effect, you accept the updated Terms. The Terms in effect at the time you place an order govern that order.

16. General Provisions

Entire agreement

These Terms, together with our Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and CelebrateBanner regarding the Service and supersede any prior agreements.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable.

No waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, carrier disruptions, supplier failures, labor disputes, public-health emergencies, or government actions.

Notices

Notices to us must be sent to info@celebratebanner.com. Notices to you may be sent to the email address associated with your most recent order.

17. Contact Us

CDN4 LLC, dba CelebrateBanner
1211 Old Okeechobee Road
West Palm Beach, FL 33401-6969
Email: info@celebratebanner.com

These Terms of Service work together with our Privacy Policy, Return & Refund Policy, and Shipping Policy. For questions about how these Terms apply to your specific situation, please contact us.