Welcome to the App and website of PartyShark, Inc., with its principal place of business at 2424 SE Bristol ST #300, Newport Beach, CA 92626, USA (collectively “PartyShark”, “the Company,” “Company” “we,” “our,” or “us”). The website and App are collectively referred to as the “Services.”
PartyShark is a scalable event planning app that puts the power of precise tools into the hands of party hosts in order to make organizing gatherings whether big or small easy and accessible The website and app are collectively referred to as the “Services”. We know it’s tempting to skip these Terms of Services (referred to herein as “Terms and Conditions, “Terms of Service”, “Terms of Services”, or “User Agreement), but it’s important to outline what you can expect from us as you use PartyShark, and what we can expect from you.
Please read the Terms of Service carefully before you start to use the Website or Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available in out App and at https://www.partyshark.com/work/privacy-policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or Services.
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Website or Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.
BE ADVISED THAT PARTYSHARK DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ANYONE THAT USES THE APP OR SERVICES AND YOU AGREE THAT PARTYSHARK IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OR ACTIONS OF ANYONE THAT USES THE APP OR SERVICES THAT YOU MAY COME IN CONTACT WITH IN SEEKING TO USE THE APP AND SERVICES.
You are solely responsible for all of your interactions with all Users of the App and Services that you contact, or that contact you. Be advised that there are risks, including but not limited to the risk of physical harm, robbery, or assault that could occur when dealing with strangers. Please use caution with regard to the information you elect to share when you use the App or Services or in any communication you engage in with anyone that uses the App or Services. You should only list the contact information that you are comfortable disclosing to Us and other Users of the App and Services.
When using the App and Services, you are responsible for ensuring that your use of the App and Services is in compliance with all applicable laws in the states you reside or do business in.
1. Accepting These Terms
1.1 What is it?
PartyShark's products, features and offerings are available through their mobile application ("Applications") and are also referred to as "PartyShark Properties" or our "Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by PartyShark in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is "Your Content."
1.2 Who’s it about?
When these Terms use the term "Host," we mean event creators using the Services to create events displayed on the Services for Party-Goers using our Services (a) to consume information about or attend Events ("Party-Goers"), or (b) for any other reason. When we use the term “Vendors” we are referring to third parties who participate in events to help the Host, for example DJ’s. Hosts, Party-Goers, Vendors and other third parties using our Services are all referred to in these Terms collectively as “User”,"Users," "you" or "your."
When these Terms use the term "PartyShark", "we", "us", or "our", that refers to PartyShark, LLC. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
If you are a User, you are contracting with PartyShark, Inc. with its principal place of business at 2424 SE Bristol ST #300, Newport Beach, CA 92603, USA.
1.3 What the "Terms of Service" Means.
These Terms of Service and the other documents referenced in them (including in Section 1.2 above) comprise PartyShark's "Terms." These Terms are a legally binding agreement between you and PartyShark governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
2. PartyShark's Services and Role
2.1 What do we do?
PartyShark's Services provide simple and quick means for Hosts to create parties, host parties, and other content related to their Parties, promote them, manage the ticketing and registration, and reserve accommodations related to those events to Party-Goers or other Users. PartyShark allows for Vendors to offer their services to Hosts, as well as, for Party-Goers to connect with each other and participate in the party process.
2.2 How do we fit in?
PartyShark is not the creator, Host or owner of the events listed on the Services. Rather, PartyShark provides its Services, which allow Hosts to manage ticketing and registration and promote their events. The Host is solely responsible for ensuring that any event marketed through the Services including the event itself meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event are delivered as described and in an accurate satisfactory manner.
3. Privacy and Party-Goer Information
3.1 We know your personal information is important to you and it is important to PartyShark too. Information provided to PartyShark by Users or collected by PartyShark through PartyShark Properties, is governed by our Privacy Policy.
3.2 If you are a Host, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) Party-Goers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) Party-Goers.
4. Term; Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or PartyShark decides it's best to part ways as described below. When that happens, these Terms will generally no longer apply. However, certain provisions will always remain applicable to both you and PartyShark.
4.2 PartyShark may terminate your right to use the Services at any time
-if you violate or breach these Terms;
- If you violate or breach any provision in the Merchant Terms and Conditions
- if you misuse or abuse the Services, or use the Services in a way not intended or permitted by PartyShark; or
- If allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose PartyShark to legal liability.
PartyShark may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in PartyShark's sole discretion, failure to do so would materially prejudice you. You agree that PartyShark will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and PartyShark, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Party-Goer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and PartyShark governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
5. Release and Indemnification
This is where you agree to cover PartyShark if you use the Service in a way that causes PartyShark to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
5.1 Release.
You hereby agree to release PartyShark from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Hosts, Users or Vendors) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY 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 RELEASED PARTY."
5.2 Indemnification.
You agree to defend, indemnify and hold PartyShark and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:
- your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
- your use of the Services in violation of these Terms or other policies we post or make available;
- your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
- Your content;
- PartyShark’s collection and remission of taxes; andif you are an Host, your events (including where PartyShark has provided Services with respect to those events), and if you are a Vendor or Party-Goer, events you attend.
PartyShark will provide notice to you of any such Claim, provided that the failure or delay by PartyShark in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, PartyShark may choose to handle the Claim ourselves, in which case you agree to cooperate with PartyShark in any way we request.
6. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. PartyShark expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, PartyShark makes no warranty that
- the Services (or any portion of the Services) will meet your requirements or expectations;
- the Services will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that PartyShark has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Party-Goer's personal information shared with Hosts in connection with events) or the ability of any User to perform or actually complete a transaction. PartyShark has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that PartyShark requires to provide the Services, that an Host chooses to assist with an event, or that you choose to contract with when using the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
7. Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, PartyShark and any person or entity associated with PartyShark's provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for:
- any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, personal injury, emotional distress, death, or the cost of substitute services (even if PartyShark has been advised of the possibility of such damages); or
- Your Content.
YOU AGREE THAT NEITHER PARTYSHARK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES OR (3) INABILITY TO USE THE SERVICES.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PARTYSHARK AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
8. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h) below.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to all legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(d) Exceptions.
Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-Swiss Privacy Shield Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.
(e) No Class Actions.
YOU AND PARTYSHARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to PartyShark must be addressed to the following address ("Notice Address") and must be sent by certified mail: PartyShark, Inc. Attn: Legal Department, 2424 SE Bristol ST #300, Newport Beach, CA 92603, USA. Notice to you will be addressed to a mailing, home or payment address currently on record with PartyShark and must be sent by certified mail. If PartyShark has no records of such physical address, such notice may be delivered to your PartyShark account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If PartyShark and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or PartyShark may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Party-Goer Arbitration Rules (in each case, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Section 9, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 9.
(h) Location of Arbitration Proceedings.
All arbitrations shall take place either in Orange County, California or by phone or video conference, at your option and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services were for commercial use), then unless PartyShark and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(i) Costs of Arbitration; Legal Fees.
i. Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against PartyShark and the value of the relief sought is ten thousand dollars ($10,000) or less, then PartyShark will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if the circumstances in the preceding sentence apply and your claim arises from your use of the Services as a Party-Goer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then PartyShark will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse PartyShark for all such cost and expenses that PartyShark paid and that you would have been obligated to pay under the AAA rules.
ii. Payment of Legal Fees.
Just as in any court proceeding, each party will initially bear its own attorneys' fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party's request, the arbitrator will award such prevailing party the reasonable attorneys' fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) PartyShark will not seek to recover its attorneys' fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
(j) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and PartyShark agree that if PartyShark makes any future change to this arbitration provision (other than a change to the Notice Address) PartyShark will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(k) Special Severability.
In the event that the entire arbitration provision of this Section 8 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 8 will be null and void with respect to such dispute or claim and the parties consent to personal jurisdiction and exclusive venue in the state court located in Orange County, California.
(l) Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to Legal@partyshark.com with a subject of with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, PartyShark also will not be bound by them.
9. License to the PartyShark Services
9.1 License to Services.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to
- browse the Services and search for, view, register for or purchase tickets or registrations to an event listed on the Services; and/or
- create event registration, Host profile and other content to promote, market, manage, track, and collect sales proceeds for an event; and/or
- participate as a Vendor supporting an event, Vendors profile and other content to promote, market, manage, track, and collect sales proceeds for an event
Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policyy).9.2 Restrictions on Your License.
Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly
- copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services;
- rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner;remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
9.3 Our Intellectual Property and Copyrights.
You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. PartyShark may own the Site Content or portions of the Site Content may be made available to PartyShark through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of PartyShark and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
9.4 Trademarks.
The trademarks, service marks and logos of PartyShark (the "PartyShark Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of PartyShark. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with PartyShark Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of PartyShark specific for each such use. The Trademarks may not be used to disparage PartyShark, any third party or PartyShark's or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless PartyShark approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any PartyShark Trademark will inure to PartyShark's benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by PartyShark and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
10. Licenses and Permits Hosts and Vendors Must Obtain
If you are a Host, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that PartyShark offers tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and
(d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for Host to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to PartyShark permitting you to access and use the Services, you hereby agree to release PartyShark, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold PartyShark, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of PartyShark from time to time.
If you are a Vendor, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to attending a party as a Vendor, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events you or your affiliates attend and perform Vendor related Services;
(b) You and your affiliates will comply, and will ensure that the services rendered by you or your affiliates in your duty as a Vendor comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only accept a request to be a Vendor at an event after you or your affiliates have obtained any specific Licensures need for such event, including, but not limited to, any state, county, municipal or other local authority's authorization for such event.
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to PartyShark permitting you to access and use the Services, you hereby agree to release PartyShark, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold PartyShark, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of PartyShark from time to time.
11. Your Rights to Submit a Copyright Takedown Notice
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by following the directions we provided in PartyShark's Trademark and Copyright Policy.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact us:
PartyShark, Inc.
Attn: Copyright Agent
Address: 2424 SE Bristol ST #300, Newport Beach, CA 92626.
Email: Support@PartyShark.com
If you file a notice by mail with us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3).
That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- provide your contact information, including your address, telephone number, and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
13. Acts Against the Services
You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
(a) using the Services in contravention of any other agreement to which you are a party, including, without limitation, any employment agreement to which you may be a party;
(b) causing, allowing, or assisting any other person to impersonate you;
(c) sharing your password or login credentials with any other person;
(d) logging onto a server or account that you are not authorized to access;
(e) creating more than one account, forging usernames, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
(f) posting content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
(g) violating or attempting to violate any security features of the Services;
(h) emulating or faking usage of the Services;
(i) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Website;
(j) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(k) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
(l) causing, allowing, or assisting machines, bots, or automated services to access or use the Services without the express written permission of PartyShark;
(m) tampering with the operation, functionality, or the security of the Services;
(n) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;
(o) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(p) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(q) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means;
(r) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(s) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
(t) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(u) deep-linking to any portion of this Services without our express written permission;
(v) acting illegally or maliciously against the business interests or reputation of PartyShark;
(w) hyperlinking to the Services from any other website without our initial and ongoing consent;
(x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with PartyShark;
(y) reselling or repurposing your access to the Services or any purchases made through the Services; or
(z) using the Services or any of its resources to solicit other users of the Services, merchants, or other business partners of PartyShark to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with PartyShark, including, without limitation aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
14. Respecting Other People's Rights
PartyShark respects the rights of others, and so should you. You therefore may not upload, post, send, or store content that:
- violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bullies, harasses, or intimidates;
- promotes or encourages self-injury, which includes, but is not limited to, suicide, eating disorders, cutting, burning, or scratching;
- promotes or advertises the sale of drugs, firearms, explosives, or anything illegal;
- contains pornography, nudity, graphic violence, threats, hate speech, or incitements to violence;
- discriminates in any way, including on the basis of race, skin color, national origin, gender, disability, religion or age;
- defames; or
- spams or solicits PartyShark's users.
You must also respect others’ rights. These Terms do not grant you any right to:
- use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use the Services or any content on the Services for any commercial purposes without our consent.
In short: you may not use the Services or the content on the Services in ways that are not authorized by these Terms, nor may you help or enable anyone else in doing so.
15. Links to Third Party Sites
The Website and Services may contain links to other websites (“Linked Site(s)” or “third party sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.IN NO EVENT SHALL PARTYSHARK OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES SUFFERED BY A USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE, THIRD PARTY WEBSITE, OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PARTYSHARK WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.
16. Linking to this Website
The Company consents only to links to this Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this Website; (b) misrepresent your relationship with the Company; (c) imply that the Company approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about the Company or otherwise damage the goodwill associated with the the Company name or trademarks. As a further condition to being permitted to link to this Website, you agree that the Company may at any time, at its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of the Company trademarks.
17. Fees and Refunds.
17.1 Fees That We Charge.
Creating an account, listing an event and accessing the Services are free. However, we charge fees for paid events. PartyShark charges 12.5% of the event or vendor fee and passes through any credit card fees to the appropriate Host or Vendor. PartyShark reserves the right to modify these fees to defray certain costs incurred by PartyShark. PartyShark does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
17.2 Ticket Transfers.
If you wish to transfer tickets to an event you have purchased on PartyShark, please contact the Host of the event to arrange for ticket transfer. PartyShark does offer the ability to send tickets to other users depending on what rules the Host has created for the event.
17.3 Cancellation and Refunds.
If a User purchases a ticket for an event, they have up to 24 hours before the event to cancel and qualify for a refund. If a purchase is made within 24 hours, then refunding is not possible. If a Host cancels an event before it has begun, all users will be refunded. Upon a refund in either scenario, the PartyShark and payment processing fees from Stripe (in accordance with their Merchant rules) may not be refunded.
(a) If you are a Party-Goer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Host has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. PartyShark will not be held liable under any circumstances for any costs arising from non-compliance by Hosts with applicable procedures that must be implemented by Hosts to check validity of tickets. PartyShark will not be held liable under any circumstances for costs and/or damage associated with tickets arising from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
(b) If you are a Host, you agree to honor tickets issued and acknowledge that the applicable procedure to check the validity of the ticket must always be followed. PartyShark will not be held liable under any circumstances for any costs arising from non-compliance by Hosts with applicable procedures that must be implemented by Hosts to check validity of tickets. PartyShark will not be held liable under any circumstances for costs and/or damage associated with tickets arising from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
18. Your Account with PartyShark
We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with PartyShark or use the Services, including the following:
- You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services.
- You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities as to account ownership, PartyShark will be the sole arbiter of that dispute and PartyShark's decision (which may include termination or suspension of the account) will be final and binding on those parties.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant PartyShark all permissions and licenses provided in these Terms.
- We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
- You agree to immediately notify PartyShark of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
- You agree to not use our services to collect any sensitive personal information, such as health information (including "protected health information" as defined in 45 C.F.R. §160.103), social security numbers, financial information, payment card numbers, driver's license numbers, and passport numbers, unless otherwise permitted by these Terms or PartyShark has consented to such collection in writing.
19. Our Social Guidelines
You agree to abide by the PartyShark Social Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the PartyShark Services.
20. Your Content.
20.1 License.
PartyShark does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant PartyShark a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including PartyShark's promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, PartyShark does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services. Please review our Community Guidelines for more information.
20.2 Your Representations About Your Content.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content
- does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
- complies with all applicable local, state, provincial, national and other laws, rules and regulations;
- anddoes not violate these Terms.
20.3 Additional Rules About Your Content.
Your Content must be accurate and truthful. PartyShark reserves the right to remove Your Content from the Services if PartyShark believes in its sole discretion that it violates these Terms, our Social Guidelines, or for any other reason. PartyShark may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of PartyShark both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to
- comply with legal process;respond to claims that any of Your Content violates the rights of third parties;
- enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or
- protect the rights, property and/or personal safety of PartyShark, its users and/or the public, including fraud prevention.
You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
21. Use With Your Mobile Device
Use of the Website and Services may be available through a compatible mobile device (“Device”), Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.We MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
A. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
B. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
C. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
21.1 When using Your Devices hereunder: (i) you are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii) We shall make available the App for installation on Your Device. We hereby grant you a personal, non-exclusive, non-transferable license to install and use the App on Your Device solely for the purpose of seeking to use the Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the App (or any data associated therewith) with any third party. You agree that: (i) use of the App on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the App on Your Device as an interface with the Services may consume very large amounts of data through the data plan. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.
21.2 Downloading Mobile App.
You may access the Mobile App which can be downloaded from an applications store or applications distribution Services, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.
21.3 Notice Regarding Apple.
You acknowledge that these Terms are between you and Lazzaro Services only, not with Apple, and Apple is not responsible for any App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and request that Apple refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any App. Apple is not responsible for addressing any claims by you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms, when using any App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you as a third-party beneficiary of these Terms.You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If We provide a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
21.4 Third-Party Software.
The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.
22. Notices
Notices to you may be sent via email or regular mail to the address in PartyShark's records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact PartyShark or deliver any notice, you can do so at PartyShark, Inc., Attn: Legal Department 2424 SE Bristol ST #300, Newport Beach, CA 92603, USA or via email to Legal@PartyShark.com
23. Modifications to the Terms or Services
PartyShark reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following
- posting the changes through the Services;
- updating the "Updated" date at the top of this page; or
- sending you an email or message about the Modifications.
Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, PartyShark may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of PartyShark. PartyShark is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. PartyShark reserves the right to modify, replace or discontinue any part of the Services or the entire Service.
24. Assignment.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
25. Entire Agreement.
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and PartyShark and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and PartyShark on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of PartyShark relating to a specified event or events.
26. Applicable Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United States, you may be entitled to the protection of the mandatory Party-Goer protection provisions of your local Party-Goer protection law. PartyShark is based in Orange County, California, and any legal action against PartyShark related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Orange County. Thus, for any actions not subject to arbitration, you and PartyShark agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Orange County, California.
27. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
28. Third Party Websites; Linked Accounts; Third Party Offers
The Services may provide, or Users may provide, links to other Internet websites or resources. Because PartyShark has no control over such websites and resources, you acknowledge and agree that PartyShark is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with PartyShark partners or third party service providers.
29. Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.
30. Force Majeure.
In the event that either Party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of the affected Party or other causes beyond such Party’s reasonable control (a “Force Majeure Event”) the Party who has been so affected shall immediately give notice to the other Party and shall do everything possible to resume performance.
31. Support, Maintenance and Updates
During the Term of this Agreement, We will use commercially reasonable efforts to provide you with email support related to the Services and the App. Scheduled system maintenance shall take place from time to time, and during such time, the Services may be unavailable. Emergency maintenance may be required at other times in the event of system failure. We make no guarantees about uptime. We may, but are not required to develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet the App will automatically download and install available Updates, or you will be prompted to download and install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.
32. Communications and Text Messages Terms
When you use the Services, or send emails, text messages, and other communications from your mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your voluntary provision to PartyShark of your cell phone number represents your consent that PartyShark, Sellers with which you place an order, delivery drivers, and delivery services may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to PartyShark, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from PartyShark at any time. To revoke your consent to receiving SMS or MMS messages from PartyShark, you must reply “STOP” from the mobile device receiving the messages.
If you unsubscribe from receiving text messages from PartyShark, you may continue to receive text messages for a short period while PartyShark processes your request(s). If you change or deactivate the phone number you provided to PartyShark, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive PartyShark’s standard SMS or MMS messages unless you also unsubscribe via the above procedures.
33. You represent, warrant, and agree that: (i) you shall not send text messages to any other users on their mobile devices without their explicit written consent; (ii) You shall obtain written consent from users either (a) by users texting a keyword from their mobile device to join an SMS database; (b) users filling out a paper form that clearly states they agree to receive text messages through their phone number; or sending an online form which explicitly states that the user is subscribing to receive text messages from the sender once they provide their phone number.
You shall send instructions to users on how to opt out from receiving messages (STOP instructions), as well as how they can get help information (HELP instructions).