Terms of Service
Updated effective March 12, 2013.
Welcome to www.houseparty.com (this “Website”). This Website is operated by House Party, Inc., a Delaware corporation with offices at 50 S. Buckhout Street, Suite 301, Irvington, NY 10533 (“House Party,” “we,” “our,” or “us”). These Terms of Service (these “Terms of Service”) govern your use of this Website.
Your Agreement to Be Bound By These Terms of Service
Please read these Terms of Service carefully before browsing or using this Website. By browsing or using this Website, you are agreeing to be bound by these Terms of Service. If you do not AGREE to be bound by these Terms of Service, you MAY NOT use this Website.
Changes to These Terms of Service
As we add new features and functionality to this Website, we may need to update or revise these Terms of Service. We reserve the right to do so, at any time and without prior notice, by posting the revised version on this Website. These changes will be effective as of the date we post the revised version on this Website. Your use of this Website following any such change constitutes your consent to the new Terms of Service posted on this Website. For this reason, it is important to review these Terms of Service regularly. If we modify these Terms of Service, we will provide a notice at the top of these Terms of Service for at least 30 days after the new effective date.
You may access the current version of these Terms of Service at any time by clicking on the link marked “Terms of Service” at the bottom of each page of this Website. For your convenience, we post the effective date of these Terms of Service at the top of this page, so that you can see at a glance whether these Terms of Service have changed since your last visit.
Click-Through Agreements. When you sign up to use a special feature or password-protected area of this Website, you may be asked to agree to special terms governing your use of the special feature or password-protected area. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Service, the terms of the click-through agreement will supplement or amend these Terms of Service, but only with respect to the matters governed by the "click-through agreement."
Only visitors who complete our registration process (“Registered Users”) may post User Generated Content and use other features and functionality of this Website.
Age Restrictions. You must be at least 14 years of age to become a Registered User. By registering on this Website, you represent and warrant to us that you are at least 14 years old and have read, accept and agree to be bound by these Terms of Service. Individuals who are at least 14 years old, but under the age of 18, must provide the verifiable consent of a parent or guardian before they may apply to host a House Party event. In addition, some jurisdictions prohibit the collection of personal information from individuals who are under the age of 18 without the verifiable written consent of a parent or guardian. If we learn that you have violated any of these age restrictions or that the collection of your personal information was not lawful under the circumstances, your registration will be revoked and we will delete your Account Information and User Generated Content from this Website.
Age Verification. Registration for and attending certain activities or events, such as product demonstrations, parties, and sampling, educational and informational activities (collectively “Activities”) may require you to submit to age and/or identity verification. In the event you register for any such Activities, you hereby: (a) agree to provide to House Party and/or its third party service providers true and accurate identification documentation and related information requested by House Party to verify your age and/or identity; and (b) authorize House Party to verify your age, identity and other personally identifiable information pertinent to your participation in the Activities directly or through the use of third parties, including the use of third party databases that contain driver’s license, social security, financial and other personally identifiable information.
Account Information and Public Profile. When you register on this Website, you will be required to provide certain personal information to us. This information becomes part of your House Party account information (your “Account Information”) and some of this information becomes part of your “Public Profile.” Your “Account Information” includes your personal details (such as your name, contact information, shipping address, screen name and password), your photograph, and your contact preferences. Your Account Information is password protected. Your Public Profile is the information that others will see if they click on your screen name or any User Generated Content you have posted. Your Public Profile includes your screen name, age, gender and photograph (unless you choose to use an icon instead of a photograph) and the number of photos, videos, and blog posts you have posted.
Account Information Must Be Accurate. By registering on this Website, you represent and warrant to us that the information you have provided about yourself is true, accurate and complete. Further, you agree to keep your information true, accurate and complete by logging onto this Website and updating your Account Information promptly if your personal details change.
“Facebook Connect” and Compatible Services. During the registration process, you will be provided the opportunity to shorten your registration process by automatically providing personal data you have already provided during your registration for Facebook or other websites, for example, by using Facebook Connect or similar services (each, a “Compatible Service”). However, you may still be asked to enter additional information about yourself on this Website, as we may require information that was not required during your registration for the Compatible Service.
Your Screen Name and Password. You must choose a screen name and password when you register. You will need to sign in using your screen name and password in order to use certain features of this Website. For example, you cannot post User Generated Content without first signing in.
You may not use the screen name or password of any other person to access this Website.
You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access this Website. You will be solely responsible for the activities of anyone accessing this Website using a password assigned to you, even if the activities were not, in fact, authorized by you. You must notify House Party immediately of any unauthorized use of your screen name or password. Email us at firstname.lastname@example.org. In addition, if you believe or suspect your password has been compromised, you must promptly access your “profile page” and change your password.
Revocation of Registration. House Party has the right to revoke your registration and delete your Account Information, Public Profile, and your User Generated Content, for any reason at any time, in our sole discretion. If we do so, you will no longer be able to access the password protected areas or functionality of this Website.
HouseLab Terms and Conditions. By joining the HouseLab program, you agree that in addition to the other User Generated Content terms herein, in addition to the other rights you have garnered herein, you hereby grant a worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and assignable right to use any User Generated Content provided in connection with the HouseLab Program for whatever purpose House Party or our third party customers and sponsors desire to use such User Generated Content, in any format, media or technology, now known or hereafter developed.
By joining the HouseLab program, from time to time, you will have access to confidential information of House Party, or our third party customers or sponsors. You hereby agree to hold such information in confidence and will not disclose, distribute or use such information except as explicitly permitted by House Party or its third party customers of sponsors. You understand that in order to participate in specific programs you may be required to sign additional agreements that may contain additional confidentiality or other obligations. You agree to abide by such agreements as well as other program specific requirements.
Violation of any specific program requirements may result in your removal from the HouseLab program.
We welcome your comments, feedback, suggestions, and other communications regarding House Party events, this Website, and other aspects of our business, including your ideas for new features and other ways that we can make this Website more fun and more useful to you (collectively, “Feedback”). Note, however, that any Feedback you provide to us through this Website shall be and remain the exclusive property of House Party. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
User Generated Content
What is “User Generated Content”? If you are a Registered User, you will be able to upload, transmit through or otherwise make available (“post”) “User Generated Content” on or through this Website. As used in these Terms of Service, “User Generated Content” means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Website, except your Feedback and any part of your Account Information that is not included in your Public Profile. User Generated Content includes anything you post on a party page and the content of any emails or other communications you send through this Website, such as invitations to a party or follow-up communications.
The license you grant to us is non-exclusive (meaning you are free to license your User Generated Content to anyone else in addition to us), fully-paid and royalty-free (meaning that neither we nor any downstream users are required to pay you for the use of your User Generated Content), fully sublicensable (so that, for example, we are able to sublicense your User Generated Content to our Sponsors and to visitors to this Website, who may access, use, transmit, stream, download, print and further sublicense your User Generated Content); worldwide (because the Internet and this Website are global in reach), and fully assignable (so that, for example, if we sell our business, reorganize, or merge with another business, the new owner may continue to operate this Website under the House Party brand or another name). This license may be exercised by House Party and its sublicensees in any format, media or technology, now known or hereafter developed. Notwithstanding anything to the contrary in these Terms of Service, to the fullest extent permitted by law, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Generated Content, and all rights of privacy or publicity in, or approval rights with respect to, your User Generated Content.
Without limiting the generality of the foregoing grant of license, by posting User Generated Content on or through this Website, you are granting House Party (and downstream users) permission (a) to display advertisements in connection with User Generated Content and to use User Generated Content for advertising and promotional purposes without compensating you in anyway; and (b) to make your User Generated Content available to the general public through this Website and third-party websites, through RSS feeds, and in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
By posting User Generated Content on or through this Website, you acknowledge and agree that (a) House Party has no obligation to post, maintain, use or respond to User Generated Content submitted to this Website; (b) the provision of User Generated Content to House Party in no way imposes any other obligation on House Party, whether of confidentiality, attribution, or otherwise, and House Party shall not be liable for any claims arising out of or relating to any use, modification, distribution, reproduction, display or disclosure of any User Generated Content; (c) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any manner permitted by this Agreement of your image/likeness, arising out of the posting of User Generated Content containing your photograph or other image to this Website; (d) no fees, royalties or any other monies (“Royalties”) will be owed to any person by reason of any User Generated Content, and if any Royalties are owed, you will pay all such Royalties; and (e) User Generated Content submitted to this Website may be subject to size and usage limitations, other limitations and restrictions, and the terms of this Agreement, and you are solely responsible for adhering to such requirements with regard to any User Generated Content you provide to this Website.
By posting User Generated Content on or through this Website, you agree that House Party may access, copy, preserve, and disclose your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process or applicable law; (b) enforce these Terms of Service; (c) respond to claims that any User Generated Content violates the rights of third-parties; (d) respond to your requests for assistance; (e) prevent or investigate a crime; or (f) protect the rights, property, or personal safety of House Party or others.
By posting User Generated Content on or through this Website, you are granting House Party (and downstream users) and distributors, permission (with no obligation) to use your screen name, photograph, and other elements of your Public Profile in connection with your User Generated Content.
DO NOT POST USER GENERATED CONTENT if you do not want it to be used or made available to the general public as set forth in these Terms of Service. If you do not want your photograph to be made available to the general public, DO NOT UPLOAD A PHOTOGRAPH to your profile page on this Website. Instead, select an icon to represent you.
For increased security, we encourage you to not include any personal information about yourself or others in interactive areas (posting areas, chat areas, etc.), such as name, phone number, email or street address. You should always use a screen name or other alias (other than your real name) to identify yourself in any public or interactive areas.
Termination of Licenses Granted to House Party. The licenses granted above will automatically terminate with respect to House Party’s future uses of User Generated Content within a commercially reasonable time after you remove (or ask us to remove) such User Generated Content from this Website. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed User Generated Content, such licenses will not be deemed revoked as to the prior uses. In addition, such licenses will not be deemed revoked as to any User Generated Content that has been transmitted to other Websites, persons or media.
Your Warranties With Respect to User Generated Content. You acknowledge that the above grant of license is supported by good, valuable, and sufficient consideration. By posting User Generated Content, you represent and warrant that: (a) you own your User Generated Content or otherwise have the right to grant the license set forth in these Terms of Service; (b) the posting of your User Generated Content on or through this Website does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights or any other rights of any individual, living or deceased, or any legal entity; and (c) you have read and understood and your User Generated Content fully complies with these Terms of Service and applicable laws.
House Party Does Not Claim Ownership of User Generated Content. House Party does not assert any ownership over User Generated Content (except the within license); rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of User Generated Content and any intellectual property rights or other proprietary rights associated with User Generated Content.
You are solely responsible for protecting your intellectual property rights in your User Generated Content. House Party cannot and does not assume responsibility for controlling, monitoring, or enforcing your intellectual property rights.
You Are Legally Responsible for Your User Generated Content. Failure to comply with these Terms of Service may expose you to liability to House Party and liability to individuals or legal entities whose copyrights or other rights have been violated. For this reason, you should review these Terms of Service regularly and contact us first if you have any questions about the suitability of materials you wish to post. Remember, once User Generated Content is posted it may quickly be transferred to other websites and media that we do not control, and it may be impossible to recover or delete.
Restrictions on User Generated Content. You may not post any User Generated Content on or through this Website that:
is protected by copyright, trademark, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right;
is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;
you know (or reasonably should know) is false, deceptive or misleading;
contains software viruses, Trojan Horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
contains any private or sensitive information of any third party, particularly information that could be used for identity theft purposes, including addresses, phone numbers, email addresses, Social Security numbers, birth dates, and credit card numbers;
contains any visible Trademarks except those of House Party or the Sponsor of the party or that are included on materials provided by House Party or the Sponsor of the party;
contains the image, name, or likeness of any individual other than the Registered User, unless the Registered User has first obtained the individual’s permission;
contains the image, name or likeness of any child under the age of 14, unless you are the parent or legal guardian of the child;
involves the transmission of "junk mail," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, constitutes unsolicited mass mailing or "spamming," or otherwise violates the federal CAN-SPAM law or any state spam laws;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
displays pornographic or sexually explicit material of any kind;
is likely to violate (in whole or part) the acceptable use policies of our Internet Service Providers (ISPs) or other suppliers;
links to materials or other content, directly or indirectly, to which the Registered User posting such material does not have a right to link to or which competes in any manner with this Website or House Party;
encourages others to violate these Terms of Service; or
violates any applicable local, state, national, or international law.
Please notify House Party immediately at email@example.com of any User Generated Content that you believe violates these Terms of Service.
Quality and Review of Content. You acknowledge and agree that House Party does not and shall not have any obligation to review User Generated Content, and therefore we do not guarantee the accuracy, integrity or quality of User Generated Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on this Website. You acknowledge and agree, however, that we have the absolute right to monitor all User Generated Content in our sole discretion. In addition, you acknowledge and agree that we have the right to alter, edit or remove any User Generated Content, in whole or in part, for any reason or for no reason.
Your Use of User Generated Content Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the User Generated Content posted by others in a manner that violates applicable laws or the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights or any other rights of any individual or legal entity.
RSS Feeds. We offer RSS feeds of certain User Generated Content on this Website. You are granted a limited, revocable license to incorporate this Website’s RSS feeds into your own website, mobile-device or other digital platform, solely for non-commercial purposes. You are prohibited from sublicensing, reproducing, reselling, modifying, or otherwise using or distributing the Content within the RSS feed except as expressly licensed herein. If you wish to obtain a license to use any Content within one of our RSS feeds or otherwise for any purpose not expressly authorized by these Terms of Service, please contact House Party at firstname.lastname@example.org. You understand and agree that we may grant our Sponsors, with whom we have entered a separate agreement, a license to use the RSS feeds (including all User Generated Content therein) in a commercial manner in order to promote their products and services.
Removal of User Generated Content
Violation of Copyrights/Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics); your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon House Party actual knowledge of facts or circumstances from which infringing material or acts are evident. House Party's copyright agent for notice of claims of copyright infringement can be reached as follows:
Address: House Party, 50 S. Buckhout Street, Suite 301, Irvington, NY 10533
Rules of Use
The following additional rules apply to your use of this Website; you may not:
attempt to access areas or features of this Website or any Content for which you do not have the proper authorization;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
use this Website in a manner that violates any laws or regulations;
use this Website to solicit money, goods or services for private gain;
use this Website to solicit money, goods or services for any charitable purpose, except in connection with your participation in a House Party event that has a charitable purpose;
use this Website to promote political views or candidates;
use thus Website to transmit chain letters or junk email;
use this Website to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
use this Website in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support this Website;
use this Website to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use this Website in a manner that, in our sole discretion, restricts or inhibits any other user from using or enjoying this Website or a House Party event.
In General. House Party and its licensors (our Registered Users are the licensors of the User Generated Content) own and reserve all rights, title and interests in this Website, including all of the software and code that comprise and operate this Website, and all of the text, photographs, images, illustrations, graphics, designs, sounds, video and audio-video clips, files and other content posted on, transmitted through or otherwise made available on or through this Website (the “Content”). This Website and its Content are protected under U.S. and international trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws and treaties. No right, title or interest in this Website or its Content are transferred to you under these Terms of Service.
Copyright. House Party and its licensors own and reserve the copyrights in this Website and its Content. The entire Content of this Website, as a whole, and each party page, as a whole, is copyrighted as a collective work under U.S. and international copyright laws and treaties, and House Party owns the copyright to the selection, coordination, arrangement and enhancement of the Content of this Website and each party page.
Copyright License. We hereby grant you a limited license to access and use this Website and any portion of the Content to which you have properly gained access, but only for your own personal, non-commercial use (unless the Content is your User Generated Content), and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content (unless the Content is your User Generated Content). The foregoing license is subject to these Terms of Service and does not include use of any data mining, robots (‘bots’) or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, for any purpose other than for your personal, non-commercial use as set forth herein.
Trademarks. All tradenames, trademarks and service marks displayed on this Website are the registered or unregistered trademarks of House Party or its licensors, Sponsors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Website without the prior express written permission of House Party or the trademark owner.
Links to Third-Party Sites
This Website contains links to other websites operated by third parties, including our Sponsors, Amazon.com and others. Because we have no control over third-party websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that House Party shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Service do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND ITS CONTENT AND YOUR PARTICIPATION IN HOUSE PARTY EVENTS IS AT YOUR SOLE RISK. HOUSE PARTY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS WEBSITE, OR ANY HOUSE PARTY EVENT. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING ALL USER GENERATED CONTENT) ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOUSE PARTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOMER, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS WEBSITE, OR ANY HOUSE PARTY EVENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, OUR SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA; AND WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS WEBSITE. THE OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. HOUSE PARTY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THIS WEBSITE. HOUSE PARTY DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEBSITE BY REGISTERED USERS, AND USER GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF HOUSE PARTY.
Nothing in these Terms of Service will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
LIMITATION OF LIABILITY
HOUSE PARTY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER GENERATED CONTENT IN THESE TERMS OF SERVICE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT REGISTERED USERS POST ON OR THROUGH OUR WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER CONTENT YOU MAY ENCOUNTER ON THIS WEBSITE OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY REGISTERED USER, INCLUDING HOSTS AND PARTYGOERS.
UNDER NO CIRCUMSTANCES, SHALL HOUSE PARTY, OR ANY OF ITS SPONSORS, VENDORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ITS CONTENT (INCLUDING USER GENERATED CONTENT), HOUSE PARTY EVENTS, OR THE CONDUCT OF ANY PARTY HOST, GUEST OR OTHER THIRD PARTY. UNDER NO CIRCUMSTANCES, SHALL HOUSE PARTY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, HAVE ANY LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OF OUR SPONSORS NOR THEIR ACTIONS OR FAILURE TO ACT.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HOUSE PARTY OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Some jurisdictions do not allow the exclusion of liability for certain types of losses or damages. Accordingly, some of the foregoing limitations of liability may not apply to you. Nothing in these Terms of Service will limit or exclude liability for losses or damages which may not be lawfully excluded or limited by applicable law.
You agree to defend, indemnify and hold House Party and its directors, officers, employees and agents harmless from and against any claims, demands, losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs of suit) to the extent arising out of or in connection with your use of this Website or its Content in violation of these Terms of Service or your breach of these Terms of Service or any warranty or representation set forth herein.
Dealings With Third Parties
Your business dealings with any third party (including orders you may place through the store on this Website and your dealings with Sponsors) and any terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that House Party shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You acknowledge and agree that this Website is for the personal use of Registered Users and other visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
Modification and Discontinuation
We reserve the right at any time, with no liability to you or any third party claiming through you, to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof), or any House Party event or promotion featured on this Website, with or without notice.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between you and House Party by these Terms of Service.
You agree that House Party may provide notices to you regarding changes to these Terms of Service, your User Generated Content, or other matters related to this Website, any House Party events, or the business of House Party, by email, regular mail, or posting on this Website.
Governing Law; Venue
You acknowledge and agree that these Terms of Service shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.
Use of This Website Outside the United States
Access to, or use of, this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.
If you have any questions or concerns regarding this Website, please contact us by e-mail at email@example.com or write to us at House Party, Inc., 50 S. Buckhout St., Suite 301, Irvington, NY 10533.