TERMS OF SERVICE AND USE
LAST REVISED: March 4, 2009
Acknowledgment and Acceptance of Terms of Service
PROCESS OR USING ANY OF PART OF THE PARTY SAVIORS SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Party Saviors as long as you adhere to these Terms of Service.
The Site offers a multi-purpose service that allows you to access recipes, party ideas, reviews, third party information, planning tools and tips, research and forward information to friends, among other services. These Terms of Service and Use apply to the Party Saviors Service which includes our newsletters. All content and services made available through the Site or newsletter that were not made available as of the "Last Revised" date above, shall automatically be deemed to be part of the Party Saviors Service when first made available through the Site.
Use of the Party Saviors Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.
You are required to register with Party Saviors if you want to use the email forwarding services, post information, subscribe to our newsletter, or upload photos to the website. In order to register with Party Saviors you must supply a valid email address, which will be used as a unique identifier for your account, and your name, and a zip code.
Description of the Party Saviors Service
Party Saviors provides users with a variety of online services and features, including, but not limited to:
1. Recipes. A database of recipes provided by Party Saviors as well as users of the Party Savior website.
2. Party Ideas. A database of party ideas provided by Party Saviors as well as users of the Party Savior website.
3. Planning Tools. The Planning Pages include ideas, tips and tools, which can be used to help you plan your event. The tips and tools in the Planning Pages are for informational purposes only.
5. Product Reviews
6. Reviews/User Ratings. Party Saviors users may supply reviews and ratings for recipes and party ideas, as well as search for reviews and ratings. If you choose to post a review or rating it will be viewable by all Party Saviors users. Party Saviors reserves the right to remove a review or rating at any time, in its sole discretion. Party Saviors may also automatically reject certain profane and otherwise inappropriate words in a user review or rating.
7. Submit Your Recipe or Party Idea. You may submit any party ideas you think would be interesting to other users. Submissions will be routed to our Customer Service team for approval.
License to Use and Access the Party Saviors Service
Party Saviors grants you a limited license to access and make personal use of this Site and the Party Saviors Service and not to download (other than page caching) or modify it, or any portion of it, except with Party Saviors’s express written consent. The foregoing license does not include any resale or commercial use of this Site, the Party Saviors Service or its contents; any derivative use of this Site, the Party Saviors Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, the Party Saviors Service or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without Party Saviors’s express written consent.
Restriction on Use of Content
You acknowledge that the Party Saviors Service may contain information, software, photos, video, text, graphics, sounds and music, or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The entire Content, taken together, is protected under U.S. copyright laws as a collective work, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other web site or networked computer environment is strictly prohibited. Except as otherwise expressly authorized in writing in advance by us, you agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Party Saviors Service, including the Content.
The PARTY SAVIORS and PartySaviors.com names and logos are the trademarks of Party Saviors. All other trademarks appearing on the Party Saviors Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Party Saviors Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Party Saviors Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Materials Submitted Through the Party Saviors Service
You are solely responsible for any data, text, software, images, photographs, graphics, messages, files, links or any other materials ("Materials") that are transmitted, posted, or distributed by you through the Party Saviors Service, including, but not limited to, the contents of your email communications, information, reviews, user ratings, photos or images posted by you to the Site. All Materials posted by you, are your sole responsibility. By posting Materials you represent and warrant that you own all right, title and interest to such Materials and any likenesses contained in such Materials. Party Saviors does not control the Materials posted by users such as yourself via the Party Saviors Service and, as such, does not guarantee the accuracy, integrity or quality of such Materials. By using the Party Saviors Service you understand and agree that you may be exposed to Materials posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Party Saviors be liable in any way for any Materials posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed or otherwise transmitted via the Party Saviors Service. You agree that if you post any Materials through the Party Saviors Service, you automatically grant to Party Saviors, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Materials, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Materials to other users of the Party Saviors Service and to third parties with whom Party Saviors has a relationship. You also grant Party Saviors the right to authorize the downloading and printing in whole or in part of any Materials that you post to the Party Saviors Service.
Notwithstanding the foregoing, to the extent that any Materials contain creative suggestions, recommendations, reviews, ratings, ideas, notes, drawings, photos, graphics, data, text, images, messages or other information submitted to Party Saviors, the Submissions shall be deemed, and shall remain, the property of Party Saviors. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the world and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form, medium or technology now known or later developed without compensation to the provider of the Submissions.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate the Materials before allowing them to be posted on or through the Party Saviors Service or otherwise stored in connection with the Party Saviors Service; and (b) we may do one or all of the following, at our sole discretion: (i) monitor the submission of Materials; (ii) alter, remove, or refuse to post or allow to be posted or stored any Materials; and/or (iii) disclose any Materials or any communication through the Party Saviors Service, and the circumstances surrounding the transmission thereof, to (a) any third party in order to operate the Party Saviors Service, (b) comply with applicable laws, (c) respond to governmental inquiries or requests, (d) comply with valid legal process, (e) protect the rights, privacy, safety or property of Party Saviors, the Site visitors or the public, (f) permit us to pursue available remedies or limit the damages that we may sustain, and/or (g) enforce these Terms of Service.
Under no circumstances will we, or our employees, officers, directors, shareholders, agents, representatives or affiliates, be liable for any loss or damage caused by your reliance on Materials. The opinions expressed in reviews and user ratings reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions.
In addition, we have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Party Saviors Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK.
Links to Third Party Sites
The Party Saviors Service may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials") on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any such Third Party Materials available on or through any such site or resource.
Your Contact with Advertisers or Third Party Vendors
Third parties other than Party Saviors and its affiliates operate stores, provide services, advertise, or sell products on this Site. In addition, we provide links to the sites of affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the Party Saviors Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Party Saviors does not make any representations or warranties with respect to any goods or Websites that may be obtained from such third parties, and you agree that Party Saviors will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site or the actions of such third parties.
Party Saviors and its affiliates attempt to be as accurate as possible. However, Party Saviors does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.
Transactions with Organizations or Individuals
Party Saviors shall not be liable for your interactions with any organizations and/or individuals found on or through the Party Saviors Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Party Saviors reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the Party Saviors Service.
You agree to indemnify, defend and hold harmless Party Saviors, its parent company, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) your use of the Site and/or the Party Saviors Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the Party Saviors Service, (ii) the violation of these Terms of Service by you, (iii) the infringement by you (or other user of the Party Saviors Service using your account) of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law or regulation.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PARTY SAVIORS SERVICE IS AT YOUR SOLE RISK. THE PARTY SAVIORS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARTY SAVIORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE OPERATION OF THE PARTY SAVIORS SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE PARTY SAVIORS SERVICE. PARTY SAVIORS MAKES NO WARRANTY THAT THE PARTY SAVIORS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE PARTY SAVIORS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. PARTY SAVIORS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PARTY SAVIORS SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PARTY SAVIORS SERVICE OR THAT DEFECTS IN THE PARTY SAVIORS SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT PARTY SAVIORS DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE PARTY SAVIORS SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO PARTY SAVIORS FROM THIRD PARTIES OR MATERIALS PROVIDED BY OTHER USERS. PARTY SAVIORS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF THE PARTY SAVIORS SERVICE, OR CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE PARTY SAVIORS SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE PARTY SAVIORS SERVICE. PARTY SAVIORS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PARTY SAVIORS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PARTY SAVIORS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTY SAVIORS OR THROUGH THE PARTY SAVIORS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT PARTY SAVIORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PARTY SAVIORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE PARTY SAVIORS SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH PARTY SAVIORS OR A THIRD PARTY THROUGH THE USE OF THE PARTY SAVIORS SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE PARTY SAVIORS SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT PARTY SAVIORS IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE PARTY SAVIORS SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Termination and Modification of the Party Saviors Service
You agree that we, in our sole discretion, may terminate your account (or any part thereof) and remove and discard any Materials within the Party Saviors Service, for any reason. We will also terminate your account upon receiving reliable information involving your violation of any law, and will cooperate with law enforcement agencies on such matters. We may also, in our sole discretion and at any time, discontinue providing the Party Saviors Service, or any part thereof, with or without notice. You agree that any termination of your access to the Party Saviors Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or the Party Saviors Service. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Party Saviors Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Party Saviors Service, including, but not limited to (i) restricting the time the Party Saviors Service are available, (ii) restricting the amount of use of the Party Saviors Service permitted, and (iii) restricting or terminating any user's right to use the Party Saviors Service, with or without notice; (b) charge fees in connection with the use of the Party Saviors Service; (c) modify and/or waive any fees charged in connection with the Party Saviors Service; and/or (d) offer opportunities to some or all users of the Party Saviors Service. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Party Saviors Service, in whole or in part, or of any service, content or feature offered through the Party Saviors Service.
The Site is controlled and operated by Party Saviors from the United States, and is not intended to subject Party Saviors to the laws or jurisdiction of any territory other than that of the United States. Party Saviors does not represent or warrant that the Party Saviors Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Governing Law and Other Miscellaneous Terms
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state or federal courts located in King County in the State of Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and you waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that any claim or cause of action arising out of your use of the Party Saviors Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Party Saviors to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Party Saviors may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Party Saviors's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and Party Saviors relating to the subject matter herein and may not be modified by you. These Terms of Service will inure to the benefit of Party Saviors’s successors, assigns and licensees. Without limitation, you agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Copyright and Copyright Notices
We may, in appropriate circumstances, and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature 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 the site;
- your address, telephone number, and email address;
- a 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; and
- 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.
Modifications to These Terms of Service
Party Saviors reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon Service on the Site. You can determine when these Terms of Service were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site.