Terms And Conditions

Welcome to the Charisma Brands on-line community and related services (the "Services") developed by Charisma Brands, LLC. Charisma Brands, LLC ("Charisma Brands" or "we") provides the services to you subject to this Terms and Conditions Agreement, which you must read and accept in its entirety before using our Services.

It's critical that you read the entire Terms and Conditions Agreement. It contains important information that addresses prohibited conduct. It outlines liabilities and obligations that you agree to assume each time you use our Service. And it highlights certain rights that we reserve so that we can ensure that our Service will be an enjoyable Internet experience and so that we can remain a responsible member of the Internet community. And, if that's not compelling enough, you should know that, once accepted by you, it's a legally binding document.

Once you read the entire Terms and Conditions Agreement, if you agree to all of its terms, then click on "I agree" where indicated. By doing so, you'll be bound by this Terms and Conditions Agreement whenever you use our Service. We may update, modify, or otherwise change this Terms and Conditions Agreement from time-to-time, particularly when we add, remove, or modify features of the Service, and we make these changes to this Terms and Conditions Agreement without prior notice to you. Those updates, modifications, and changes will be binding on you from the time that we post them. You can always review the most current version of this agreement on our website, and we urge you to do so on a regular basis. Any changes that we make to this Terms and Conditions Agreement will be binding on you even if you fail to read them. It's your responsibility to read this Agreement and keep apprised of all changes to it. If you don't accept this Terms and Conditions Agreement by clicking on "I accept" where indicated below, then you simply can't use our Service.

1. Our Service

Our Service includes a broad range of features, and these features will vary from time-to-time. Unless we expressly tell you otherwise, all new features that we provide to modify, supplement, or improve our current Service will be subject to this Terms and Conditions Agreement. Although we do not charge for using our Service, we reserve the right to charge for your use of the Service (or any portion of it) in the future and, regardless of whether or not we charge for our Service, you must obtain access to the World Wide Web at your own cost in order to use our Service.

2. Eligibility and Your Registration Obligations

You are eligible to register and become a member only if you are at least 18 years of age on or before the date that you register. You must provide truthful, complete information on our online registration form. You also must update the Registration Information as appropriate in order to keep the Registration Information truthful and complete. If you provide us with any Registration Information or other information that isn't complete, or up-to-date, or if we have grounds to suspect that any of it isn't truthful, then we may suspend, terminate, or take any other legal action with respect to your account. If you share your password with any other person, then you assume complete responsibility for that use of our Service, including, without limitation, your obligations in Sections 3 and 4 of this Terms and Conditions Agreement. We reserve the right to refuse use of our Service (or any portion of it) by you or any third party.

3. Prohibited User Conduct

In using the Service, you may not:
a. Upload, post, transmit (via email, e-card, or otherwise), or otherwise make available any Content, or select any member name, that:
  • Violates any right of any party;
  • Is abusive, harmful, threatening, harassing, vulgar, obscene, hateful, pornographic, or racially or ethnically objectionable, or violates the privacy of a third party;
  • Violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.);

4. Content Submitted to the Service

We don't claim ownership of the Content that you make available on the Service. You represent and warrant that you own all necessary rights, title, and, interests in and to any and all Content that you post, upload, transmit, or make available as a part of the Service, consistent with your use of such Content and consistent with your grant of rights to Charisma Brands under this Terms and Conditions Agreement. By making the Content available as a part of the Service, you grant Charisma Brands a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to reproduce, modify, adapt, publish, and otherwise exploit the Content by all means and in all media, now known or hereafter devised for any purpose.

5. Indemnity

You agree to indemnify, defend, and hold Charisma Brands harmless from all liabilities, losses, damages, costs, and expenses (including attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your Content, your use of the Service, and/or your violation of this Member Agreement.

6. Absolute Right to Suspend or Terminate Your Use of the Service

We may, in our sole discretion, (a) suspend or terminate your account, (b) remove any Content, and (c) terminate or modify all or any portion of the Service. We may exercise these rights for any reason or no reason, all without notice or liability to you or anyone else.

7. Third Party Items

Any interactions, correspondence, and business dealings that you have with any other users of the Service or any advertisers and other third parties (collectively, "Third Parties") found on or through the Service, or your participation in any promotions or offered by a Third Party, including payment and delivery of related goods or services and any other terms, conditions, warranties, or representations associated with such activities, are solely and entirely between you and the Third Party. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damage of any kind that you may incur as a result of any such dealings.

8. Links to Other Website and Resources

We may provide links through the Service to other World Wide Web websites or resources that are not owned or controlled by Charisma Brands (collectively, the "Third Party Resources"). We don't maintain such Third Party Resources, nor do we have any control over them. We don't endorse, approve, or sponsor any Third Party Resources, or any content, advertising, information, materials, products, services, or other items available from them (collectively, the "Third Party Materials"). We disclaim all liability for the availability, performance, accuracy, source, quality, integrity, and decency of the Third Party Resources and Third Party Materials, and the compliance of the Third Party Resources and Third Party Materials with any standard or law. We will not be liable, and we disclaim all liability, in connection with any harm, loss, or damage of any kind caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Materials or Third Party Resources.

9. Our Privacy Policy

Under our Privacy Policy, which is hereby incorporated into this Terms and Conditions Agreement, we may disclose to third parties certain aggregate information contained in your Registration Information or related information. We won't, however, disclose personally identifiable information about you unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce this Member Agreement, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). To view our Privacy Policy in its entirety, go to this link

10. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU'LL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHARISMA BRANDS OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE SERVICE TO YOU. Some jurisdictions may not permit the disclaimers contained in this paragraph, so some of the disclaimers in this paragraph may not apply to you.

11. Reporting Abuse

We encourage you to report to us, at info@charismabrands.com, any suspected violations of this Terms and Conditions Agreement, particularly as they relate to misuses of intellectual property and illegal or inappropriate behavior.

12. General Provisions

This Member Agreement, along with the Privacy Policy constitutes the entire agreement between you and Charisma Brands and governs your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Charisma Brands services, Third Party Resources, and Third Party Content. Any controversy or claim relating to this Terms and Conditions Agreement and the Services not otherwise resolved between you and Charisma Brands will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Irvine, California, and judgment on the arbitration award may be entered into any court having jurisdiction of it.

13. Additional Copyright Protection

Charisma Brands Inc.'s website, and all materials on it, are protected by the copyright laws of the United States and other countries. Copyright 2008, Charisma Brands, LLC. All rights reserved.

14. Notice of Trademarks and Trade names

Charisma Brands, Marie Osmond, Marie Osmond Dolls, the Marie Osmond logo, the Charisma Brands logo, and other names and marks appearing on the website are trademarks and names either owned or used under license by Charisma Brands. Charisma Brands has registered several such marks, and has applied for federal registration of others. Other trademarks, logos, designs, company names, titles or services, such as those referencing Marie Osmond, are or may be registered trademarks of their respective owners.

Charisma Brands, LLC., All Rights Reserved. Updated July 2008.