
TheParty.Net TERMS OF SERVICE
LAST REVISED: December 12, 2009
Acceptance and Acknowledgement of Terms of Use and Service.
Thank you for visiting TheParty.Net (referred to as "TheParty.Net", "We" or "Us). User agrees that when using services offered through or by www.TheParty.Net , you agree to the following terms and conditions (Terms of Use and Service). These Terms cover the complete and entire agreement between you and TheParty.Net and supersede all prior or previous agreements contained herein. Therefore, by completing the registration process for TheParty.Net or by using any part of TheParty.Net services or website, the User hereby agrees to be bound by all such terms and conditions. By continuing to use TheParty.Net you are agreeing to adhere to these Terms.
TheParty.Net Overview.
TheParty.Net provides multi-functional services allowing you to search for relevant party and event service providers within designated geographical areas within a single search query, among other services, known collectively as TheParty.Net Services.
Eligibility.
TheParty.Net Service use is void where prohibited. User represents you have the right and faculty to enter into this specific agreement and follow all terms and conditions of these Terms of Use and Service. Users must be 13 years of age or older to use or register with TheParty.Net. An adult guardian or parent should supervise users under the age of 18.
Registration.
Users are required to register with TheParty.Net if you want to access and use the site's advanced services such as sharing lists, saving lists or to access your account. To register, you must supply a valid email address, your name and zip code, and create a user name and password. Users are solely responsible for maintaining the account's password and account confidentiality and agree not to lend your account password or access to your account to any third-party.
Description of TheParty.Net Service.
TheParty.Net provides listings for party and event service providers and companies within selected geographic areas. TheParty.Net makes no recommendations or endorsements of any companies, vendors or services located herein.
The TheParty.Net Terms of Use also allow TheParty.Net the right to reject, refuse or remove any Member posting or upload, at its sole discretion, and/or terminate, suspend or restrict Member's access or membership to all or parts of TheParty.Net at any time, with or without cause, without prior notice, and without any liability.
- TERM. The TheParty.Net Terms of Use will remain in effect during the duration of your usage (as a Visitor or Member) of the TheParty.Net Services. Members may terminate their TheParty.Net membership for any reason at any time. TheParty.Net may terminate your membership for any reason at any time, without liability. In the event a Member's account is terminated, either by the Member or TheParty.Net, the TheParty.Net Terms of Use will remain in effect.
- PASSWORD. TheParty.Net will never ask for your password in any communication, email or Instant Message. You and every Member are responsible for the secrecy, privacy and confidentiality of your password. You will choose a password when you proceed through the Registration process, and you agree not to provide your password to any third-party. Please notify TheParty.Net immediately if you believe there is unauthorized use of your account, or someone has obtained your password. Members possess sole responsibility for all use(s) of their account.
- NON-COMMERCIAL USE BY MEMBERS. Any unsolicited contact of Members for the purpose of commerce is prohibited. TheParty.Net and its Services are for personal use only. All unauthorized, illegal or illicit use of TheParty.Net Services, including data farming, email address phishing and the collection of user names is prohibited, and if the activity is illegal, the appropriate legal authorities will be notified.
- OWNERSHIP OF THEPARTY.NET CONTENT. TheParty.Net will not and does not claim rights, title or ownership of any Content uploaded, written, posted or published on TheParty.Net. Upon posting any Content to TheParty.Net, you will retain all rights to this Content. However, by posting, publishing or uploading Content on the TheParty.Net website, you are granting TheParty.Net the rights, in the form of a limited license, to use publicly, modify, display, distribute, publicize and feature on TheParty.Net and its Services. If such a license were not granted, TheParty.Net Services could not continue to provide Member Services. For example, when a photographer posts his work, he is the license-holder of his work. Without his license, TheParty.Net would not be authorized to display his work. This license will be void when you delete material from the TheParty.Net website or terminate your membership. This license also does not allow TheParty.Net to distribute Content outside of TheParty.Net, nor does it authorize TheParty.Net to sell, lease or rent such Content.
- THEPARTY.NET SERVICES CONTENT. All content within TheParty.Net is protected by all applicable copyright, trademark and patent laws. TheParty.Net is the sole owner of the TheParty.Net Services, and grants you a limited license to display and reproduce Content for your personal, private and not for resale viewing and use of the TheParty.Net Services. This license may be revoked at any time.
- WARRANTY. TheParty.Net makes no warranty, expressed or implied to the accuracy, reliability or timeliness of any Content, material, information or statements that Members may post or that you transmit to another Member, or another Member transmits to you.
- PROHIBITED ACTIVITY AND CONTENT. The following articles are a partial list Content and Activity that is prohibited (or illegal) to post, upload or submit to the TheParty.Net website or its Services. TheParty.Net reserves the right to delete any objectionable activity or content at its sole discretion, and report any illegal activity to the appropriate authorities. TheParty.Net will cooperate with law enforcement when required. Prohibited Content includes, but is not limited to:
- Advocating violence, harm or harassment of another person, group or organization
- The use of copyrighted material, when you are not the owner of such Content
- Overwriting, circumventing, reselling, copying or pirating TheParty.Net code
- Providing any personal contact information of another person, including their email address, telephone number(s), home, business or other address, or their URL (web address).
- Promoting a business that may be categorized as a Pyramid-type business or Multi-Level-Marketing (MLM).
- The sending of chain letters, Spam or junk mail.
- Stalking, harassing or Spamming another Member.
- Automated or mechanical use of the system.
- Willingly disrupting TheParty.Net Services, its website or other Members ability to view TheParty.Net.
- Impersonating another person or Member.
- Accepting advertising, payment or any form of compensation from a third-party for displaying Content within your TheParty.Net profile, or the sale or transfer of your TheParty.Net profile or Membership.
- DISCLAIMERS. TheParty.Net is not responsible for Content (accurate, inaccurate or incorrect) posted, listed, written or uploaded to the TheParty.Net website. TheParty.Net is not responsible for, nor does it endorse or condone any opinions expressed by its Members. TheParty.Net is not responsible, nor does it endorse or support the URL link to any external website, and any patronage or access of these websites is at the risk of the User. TheParty.Net holds no warranty and holds no responsibility for the advertising content or its accuracy on the TheParty.Net website. TheParty.Net is not responsible for the acts, actions or communications of any Member of the TheParty.Net Services, inside or outside the website Community. TheParty.Net is not responsible for any technical issues related to the availability of the website, online systems, Internet Service Providers, software, email, email delivery delay or failure or congestion of the Internet. TheParty.Net is not responsible for any downloaded material obtained directly or indirectly from TheParty.Net, its Services or Members, either inside or outside the website. TheParty.Net is not responsible for any person's well being, personal injury or loss of life resulting in the attendance of an event promoted by TheParty.Net, an event that was posted by a TheParty.Net Member, an event promoted by a TheParty.Net Member, or from any contact with a TheParty.Net Member or User. All TheParty.Net Services are provided "AS-IS."
- LIMITATION ON LIABILITY. IN NO EVENT SHALL THEPARTY.NET, ITS SERVICES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNATIVE DAMAGES, INCLUDING THE LOSS OF PROFIT OR INCOME RESULTING FROM YOUR USE OF THE THEPARTY.NET SERVICES, EVEN IF THEPARTY.NET HAS BEEN NOTIFIED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. ANY LIABILITY, IF ANY, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THEPARTY.NET FOR ITS SERVICES DURING THE DURATION OF YOUR MEMBERSHIP.
- DISPUTES. You agree that any dispute involving you or the prevailing laws of the State of California, United States of America shall govern the TheParty.Net Services, without regard to conflict of law provisions, and you agree to exclusive venue in the state and federal courts of the United States of America, located in San Francisco, California.
- INDEMNITY. You agree to hold TheParty.Net, its subsidiaries, affiliates, advertisers, investors, and their respective officers, agents, partners and employees harmless for any form of loss, claim, liability, or demand, including any attorney's fees due to or arising from your use of any of the TheParty.Net Services that are in violation or breach of this Agreement, or from your actions, including Content posted, uploaded or written by you that appears on the TheParty.Net website that may cause TheParty.Net to be liable to a third party.
ACCEPTANCE BY USER. The Agreement set forth is accepted upon your engagement and use of TheParty.Net or any of the Services provided by TheParty.Net, and is verified upon you becoming a Member. This Terms of Use constitutes the entire Agreement between you and TheParty.Net regarding the use of TheParty.Net and its Services. The failure of TheParty.Net to exercise or enforce any provision or right of this Agreement shall not be seen as a waiver of such right or provision. Each section title is strictly for your convenience and has no legal or contractual impact. The Agreement operates to the fullest extent permissible by law. If any provision is deemed unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not impact the overall validity and enforceability of any and all remaining provisions.
Privacy Policy.
TheParty.Net is committed to protecting our Members' privacy, and does not rent, sell, loan or trade any personal information, or any information you provide or that may identify you, to any third-party. TheParty.Net does employ third-party companies to perform duties on our behalf, such as website design, and postal and/or email delivery. These companies and partners have limited access to any personal information provided, and are barred from using data for any other purpose.
PERSONAL INFORMATION. When a Member registers on the TheParty.Net website, you will provide your first and last name, zip code and email address. TheParty.Net uses this information to create your Membership, provide Members updates on processes, procedures and send notifications related to the use of the TheParty.Net Services. You should also be aware that (other) Members may divulge their own personal information in their profiles, comments, or other areas within the TheParty.Net website.
AUTOMATIC INFORMATION COLLECTED. TheParty.Net collects anonymous information through "cookie" technology. This allows us to better understand Members' visits and enables us to enhance your User experience and TheParty.Net's overall service. We may also collect data on the type of Internet connection that is used, the version of an operating system, and the referring URL that lead you to the TheParty.Net website, including the day, date and time. Your IP (Internet Protocol) address may also be gathered to analyze demographic and geographic information, as well as hourly and daily traffic patterns. To become a Member on TheParty.Net's website, your browser per session cookies must be enabled, however, stored cookies do not. Since most web browsers default settings enable both types of cookies, most users will not need to alter any settings. By using the TheParty.Net website, you are hereby agreeing to let us collect the aforementioned data for use in the stated manner.
SHARING OF INFORMATION. TheParty.Net reserves the right to disclose personally identifiable information when required by law enforcement to protect TheParty.Net's rights and/or comply with judicial, court or legal proceedings. TheParty.Net may acquire additional business units or be acquired by another company, and customer information is an asset that will be transferred in any such transaction. If any such transaction were to take place, any personal or account information would only be used in a manner that is posted in our existing Privacy Policy. TheParty.Net will use a Member's email address when the Member invites a friend through the TheParty.Net invitation system; when the Member sends another Member a request to meet or join their Neighborhood; when TheParty.Net sends regular notifications, updates, newsletters or changes in Services or Policy.
EMAIL NEWSLETTERS. TheParty.Net will from time-to-time send an email newsletter providing Members with relevant information relating to Services, milestones or other announcements. Members may opt-out at any time by clicking the opt-out link embedded within the email. TheParty.Net reserves the right to contact Members through email, even if Members have opted-out, for policy or service changes.
MEMBER SATISFACTION SURVEYS. TheParty.Net may periodically administer Member Satisfaction surveys to better understand the "Voice of our Member," allowing TheParty.Net to enhance and improve upon your online experience. Survey data will be confidential and only viewed in an aggregate fashion, unless otherwise specified by the Member. If you do not wish to participate in that or any further surveys, you will be offered an opt-out link.
CHANGES TO PRIVACY, SECURITY AND CONDITIONS
These notices and policies may change over time, as modification becomes necessary when dictated by regulations, law or as technology evolves. Please check this page on a regular basis to determine if changes have been made.
THIRD PARTY ADVERTISING
TheParty.Net may share, in an aggregate form, profile, user and usage information, never disclosing any individual User or Member, with our advertising partners, allowing them to provide TheParty.Net users better targeted advertising. For example, if a Member is located in Iowa, but our advertiser only has stores along the Eastern Seaboard, it would be a waste of the advertisers' resources to present that Iowa Member with an ad. All advertising that appears on the TheParty.Net website is presented to Members by our advertising partners. These advertisers may also use cookies, which give the ad network the ability to recognize your computer during each session. These cookies may allow ad networks the ability to compile information on you, or those who use your computer, where they saw a particular advertisement and which ads were clicked and at what frequency. TheParty.Net does not have control over these cookies that may be placed on a Member or User's computer by any third party or advertising network.
You may contact TheParty.Net regarding any questions about this agreement at: Contact@TheParty.Net
I HAVE READ THIS ENTIRE AGREEMENT AND HEREBY AGREE TO ALL OF THE PROVISIONS CONTAINED WITHIN.
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