Website Terms & Conditions
Welcome to mypartyisover.com (the "Website"). The following terms and conditions of use (the "Website Terms") apply to your use of the Website, which is provided by My Party’s Over, LLC, an Arizona limited liability company (the “Company”). BY ACCESSING, BROWSING OR USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE WEBSITE TERMS AND CONDITIONS AND ALL APPLICABLE LAW.
Electronic Communications
When you visit this Website, or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
License and Website Access
We grant you a limited license to make personal use only of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or its contents; (b) modification, adaptation, translation, reverse engineering, disassembly or conversion into any readable form any of the contents of this Website, including use of or directly viewing the underlying code from this Website except as interpreted and displayed by a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any content of this Website in any form or by any means; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of its content; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the content of the Website or to collect any information from the Website or any other user of the Website.
Your Account
If you use this Website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders. If you register on the Website, you agree that any information you provide will be current, accurate and complete. The Company shall not be liable for any loss incurred as a result of someone else using your password or account. You agree to notify the Company immediately of any unauthorized use of your account and/or password(s).
Copyright
Images posted on this site are the property of the Company, or are used by the Company with permission. Unless otherwise noted, all content on this Website is protected by United States and international copyright laws. The content of this Website is the exclusive property of the Company and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this site is strictly prohibited. Any use of the materials or content on this site may be made only with express written authorization of the Company.
Trademarks
All Trademarks, trade dress and service marks on this Website are trademarks or registered trademarks of the Company or its affiliates, no part of which may be copied, imitated or used without the prior written permission of the Company. You may not use any trademarks, trade dress, service marks or intellectual property of the Company or its affiliates, nor may you place any meta tags or any other "hidden text" utilizing the Company’s or its affiliate’s names, trademarks, or product names without express written consent.
Matter You Submit to the Company
From time to time the Company may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, the Company welcomes your comments regarding our merchandise and services, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or agree that you will not submit to the Company any material that may mislead, deceive, harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third party, and you agree that you will not submit to the Company any material that is profane, obscene, indecent, pornographic, defamatory, untrue or unlawful. Any and all notes, messages, billboard postings, ideas, suggestions, or other material you submit to the Company shall, upon your submission, become the sole and exclusive property of the Company and the Company shall be and is entitled to use any kind and nature of material which you submit for any use in perpetuity. By submitting material to this site, you grant the Company the right to publish any such material for any type of use including for promotional and advertising purposes, without compensation to you. By submitting any materials of any kind to the Company, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to the Company does not and will not violate or infringe the rights of any third parties. The Company has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, the Company reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by the Company necessary to comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials. You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, and that others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. The Company does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities or other message or communication facilities and specifically disclaims any liability with regard to any actions resulting from your participation.
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Statement (see below). Anything you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You agree to fully indemnify The Company, its shareholders, officers, directors, employees, agents and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys' fees, resulting from your breach of any of these terms and conditions.
Hyperlinks
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Website, or web sites linking to this Website.
Disclaimer of Warranties and Limitation of Liability
This Website ACTS AS THE WINDOW FOR SELLERS TO CONDUCT AUCTIONS/SALES AND FOR BIDDERS/BUYERS TO BID/MAKE OFFERS ON SELLERS’ AUCTIONS/SALES. WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE ITEMS LISTED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE LEGAL AUTHORITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT AND DO NOT CONTROL WHETHER OR NOT SELLERS WILL COMPLETE THE SALE OF ITEMS THEY OFFER OR WHETHER OR NOT BUYERS WILL COMPLETE THE PURCHASE OF ITEMS THEY HAVE BID ON OR OFFERED TO PURCHASE. BE ADVISED THAT THERE ARE RISKS ASSOCIATED WITH TRANSACTING WITH FOREIGN NATIONALS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY RESPONSIBLE FOR OTHER USERS’ ACTIONS OR INACTIONS IN CONNECTION WITH THE USE OF THE WEBSITE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY ITEMS SOLD, ANY DAMAGE TO ITEMS DURING TRANSIT OR DURING THE INSPECTION PERIOD, OF FOR MISREPRESENTATIONS OR OTHER BREACHES OF CONTRACT BY THE BUYER OR SELLER IN ANY TRANSACTION.
This Website and all contents of the Website are provided on an “as is” basis without warranties of any kind, either express or implied. The Company disclaims ANY AND ALL warranties of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement with respect to the materials, content, services or products on this Website. The Company makes no representations or warranties that this website and/or its contents are accurate, complete, reliable, current or error-free. The Company is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this website. The Company makes no representations or warranties that this Website or its server(s) are free of viruses or other harmful components. By using this website you expressly agree that all use you may make of this Website, including all use of associated content, data or software distributed by, downloaded or accessed from or through this Website, is made SOLELY AT YOUR OWN RISK.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or of the rights of a third party.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Termination
Notwithstanding any of these Website Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason. Upon termination, these Website Terms will still apply.