PARTYDIP TERMS OF USE

This Site partydip.co ("Site") is owned and operated by Partydip LLC (“Partydip”) with participation from a variety of vendors offering and advertising goods and services via the Site. A current copy of these terms of use ("Terms of Use”) will be available upon request from legal@partydip.co and also be available at https://partydip.co/pages/terms-of-use. These Terms of Use apply to your use of this Site and any account you may establish on the Site or directly with Partydip via email, Google Forms, or other forms of communication. Your use of the Site or any Partydip communication platform is conditioned upon your acceptance of these Terms of Use. Your continued use of this Site or any Partydip communication platform constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site and cease all communication with Partydip. We may update these Terms of Use from time to time in our sole discretion and post an updated version of the notice at the URL provided above.

These terms apply to all visitors and users of the Site and any other Partydip communication platform, including wish list registry registrants, licensors, Vendors, and Suppliers, but some provisions apply to each party differently.

NOTICE OF CLASS ACTION WAIVER: PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION, A RELEASE, AND A CLASS ACTION WAIVER. ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE OR ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE SECTION TITLED "DISPUTE RESOLUTION / CLASS ACTION WAIVER" BELOW.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE OUR SITE IN ANY WAY AND SHOULD CEASE COMMUNICATION WITH PARTYDIP. THE USE OF OUR SITE AND PARTYDIP’S COMMUNICATION PLATFORMS IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE.

YOUR INFORMATION AND SITE CONTENT.

You represent that all of the information and other materials you upload or otherwise provide through this Site or to Partydip through any other means ("User Generated Content") are true, accurate, current and complete. You are responsible for contacting Partydip to update or correct the information you have provided, as necessary. Some features on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself or your business.

The materials displayed or available on or through the Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, videos, User Generated Content, downloads, interfaces, code and software, as well as the selection and arrangement thereof) ("Content") is the exclusive property of its owner (Partydip and/or its licensors and/or partners) and is protected by copyright, trademark and other applicable laws. Without Partydip’s or the owner’s written consent you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any purpose, including using Content on any other Site.

PRIVACY POLICY.

We take privacy of Personal Information seriously and encourage User to review our Privacy Policy for important disclosures.

USE OF SITE.

As a condition of your use of the Site, you agree that:

  • You have reached the age of majority in the state or province in which User resides;
  • You are able to create a binding legal obligation;
  • You are not barred by law from receiving products or services available in the Site;
  • You will not attempt to use the Site with crawlers, web scraping robots, data mining, or extraction tools or any other functionality;
  • Your use of the Site will at all times comply with these Terms of Use;
  • You affirms that User’s purchases are legitimate and comply with the letter and spirit of the terms of the respective offers;
  • You will restrict your purchases on the Site for your own use and enjoyment or as a gift for another person;
  • You have the obligation to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete;
  • You will update and correct information you have submitted to the Site, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
  • You will only purchase products or participate in other available programs through the Site by creating an account, utilizing our Vendor communication tools, or using the guest checkout feature on the Site, and any purchase will be subject to the applicable section Purchases set forth in these Terms of Use.
  • Partydip, LLC retains the right at its sole discretion to deny service or use of the Site or account to anyone at any time for any reason. You understand that there may be interruptions in service or events, Site access or access to your account due to circumstances both within and outside of our control.

REGISTRATION WITH PARTYDIP.

Registration with Partydip requires you to check a box that indicates that you agree to these Terms of Use, and provide contact information and other identification details. You are responsible for maintaining the confidentiality of your account information and password, and you agree to accept responsibility for all activities that occur under your account and password. You will notify Partydip immediately of any unauthorized use of your Partydip account or the Site known to you. You may cancel your Partydip account at any time by contacting Partydip customer service at hello@partydip.co. Partydip may terminate your account and refuse any and all current or future use of the Site or other services if Partydip deems appropriate and in its sole discretion.

PARTY VENDORS.

“Vendors” are defined as party service providers and venues that host parties; Vendors may be referred to as either Vendors or Venues on the Site. Partydip may allow Vendors to list profiles on the Site ("Vendor Profiles"). Vendor agrees and acknowledges that Vendor Profiles include User Generated Content. Vendors are responsible for providing accurate and current information in their Vendor Profiles. All Vendor User Generated Content must comply with the provisions of these Terms of Use. By posting User Generated Content each Vendor represents that the User Generated Content are subject to these Terms of Use, including without limitation the "Your Submissions" representations and grant of perpetual licenses to all User Generated Content.

If a user indicates through the Site or User Generated Content, including Limited Audience User Generated Content, that it has selected you as a Vendor, then your relationship with this user may be made publicly available or available to others.

If you are a Vendor or if you interact with a Vendor, you acknowledge and agree that: (i) Partydip does not and will not endorse any Vendor or any such Vendor’s products or services (whether or not we facilitate communications between them); (ii) Partydip is not responsible for assisting Vendors and other Partydip users in reaching an agreement (which includes agreements between Vendors); (iii) Partydip is not responsible for assisting Vendors in providing goods and services to other Partydip users; (iv) while all Partydip users are required to give us accurate information about themselves, Partydip cannot and will not verify this information; (v) any transaction a Vendor enters into with another Partydip user is strictly between such Vendor and the other Partydip user, and we are not a party to that transaction (whether or not we match or connect such Vendor with such other Partydip user, or facilitate communications between them); (vi) Partydip makes no guarantees or promises with respect to successful transactions between Vendors and other Partydip users (including parents or children); and (vii) any dispute a Partydip user may have with another Partydip user is between those Partydip users, and we will not be a party to that dispute. Vendors are solely responsible for compliance with all applicable Regulations or other taxes and payments which may be applicable to their respective products or services. If you are a Vendor, you agree that you are solely responsible for your products and services and agree to indemnify, defend and hold harmless Partydip from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your products and services, including any violation of any Regulations, or other taxes and payments which may be applicable to your products and services.

PURCHASES.

If you purchase a product that requires shipment from Partydip or its partners via the Site, the item will be shipped to the address you provided at checkout on the Site. You are responsible for providing the correct shipping address, Partydip is by no means required to refund, return, re-ship, or replace products shipped to an incorrect address.

If you purchase a customized product from Partydip or its partners via the Site, you will indicate by checking a box that you have reviewed and approved the customization or personalization prior to purchase. Partydip is by no means required to refund, return, re-ship, replace, or re-print a customized product that you have previously approved in the course of the design and checkout process.

If you purchase an experience gift from Partydip or its partners via the Site, the gift message will be delivered in the manner in which you selected (.pdf, email, card, video). You are responsible for providing the correct email and shipping addresses, Partydip is by no means required to refund, return, re-ship, or replace products shipped or emailed to an incorrect address. The end receiver (“Recipient”) of the experience gift given by the purchaser will receive the cash experience funds from Partydip based on the Recipient’s preferences entered on the form on the page https://partydip.co/pages/funds. Partydip will deliver the funds to the Recipient via Venmo or Paypal. Paypal transactions are subject to Paypal’s transaction fees at the time of the transfer.

Partydip may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. Partydip will not charge you or will refund the charges for orders that we do not process or cancel.

Partydip accepts returns on certain merchandise on a case-by-case basis and abides by the returns and exchanges policies of its Suppliers. “Suppliers” are defined as the businesses that list their products on Partydip’s web platform and are responsible for shipping their products once a Partydip user has made a purchase of the Supplier’s products. Return policies for Partydip and its Suppliers can be found on the Frequently Asked Questions (FAQs) page: https://partydip.co/pages/faq. Requests for returns, exchanges, and general questions may be emailed to: hello@partydip.co.

Partydip strives to provide accurate descriptions of products and services on the Site. Partydip does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Site is not as described, your sole remedy is to return the item, as specified in these Terms of Use. You as the purchaser of any product from the Partydip website is responsible for reviewing the packaging in detail, including any safety warnings or age recommendations, prior to use of the product.

Partydip attempts to provide accurate pricing information regarding the experience, products and services available on the Site. We cannot, however, insure against pricing errors. Partydip reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Partydip will notify you by email.

YOUR SUBMISSIONS.

Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that any user, whether individual or entity (including Vendors), submits to us by email or otherwise, will be treated in accordance with these Terms of Use and our Privacy Policy.

For Vendors:

Submitting and/or posting User Generated Content to the Site does not alter the ownership of the User Generated Content. User Generated Content you own continue to belong to you. By creating a Vendor account with Partydip you automatically grant Partydip a worldwide, royalty-free, non-exclusive and fully assignable and sublicensable right and license to use (reproduce, publish, distribute, modify, adapt, publish, edit, translate and link to) as User Generated Content any logos, photos, and other content owned by you and posted to your business website or posted by your business on social media platforms. By submitting and/or posting User Generated Content to the Site or through any communication with Partydip (including but not limited to email and Google Forms), you automatically grant Partydip a worldwide, royalty-free, non-exclusive and fully assignable and sublicensable right and license to use, reproduce, publish, distribute, modify, adapt, publish, edit, translate, distribute, perform, link to, create derivative work of and display such User Generated Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. This license may be revoked with 60 days’ written notice to legal@partydip.co.  

This license grants Partydip the ability to use your User Generated Content to create and promote/advertise your Vendor listing on Partydip’s Vendor listing platform ("Vendor Listings") and Partydip’s brand and content platforms (including, but not limited to, its blog, mood boards, and social media platforms), as well as to provide other related products and/or services through the Site. For the same purposes, Partydip may reproduce, modify, adapt, publish, edit, distribute, perform, link to, create derivative work of and publicly display such User Generated Content along with, or as a part of, other works in any form, media, or technology, whether now known or hereafter developed. Any User Generated Content you upload, email, transmit or post to Partydip via the Site, social media platforms or any other communication method may be used by Partydip to promote any Partydip products or services, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

For All Other users, Including But Not Limited to Parents and/or their children:

By submitting and/or posting User Generated Content to the Site, you automatically grant to Partydip a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such User Generated Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by Partydip or licensed to others by Partydip for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.

As a user, you are responsible for your own User Generated Content and are responsible for the consequences of your posting such User Generated Content. You acknowledge that you are responsible for any User Generated Content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such User Generated Content. You may not upload to, distribute or otherwise publish through this Site any user Submission that: (i) is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) is obscene, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (iii) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws; (iv) may contain software viruses or malware; (v) is an advertisement, solicitation, promotional material, "junk mail," "spam," chain letters, pyramid schemes or any form of commercial content; (vi) impersonates another person or misrepresents your affiliation with any person or organization; (vii) contains personal information (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; (viii) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; or (ix) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. Furthermore, you will not access the Site to obtain a list of users of the Site or access or use any secure or non-public areas of the Site without authorization or frame or link to the Site. Partydip does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You acknowledge that any reliance on material posted by other users will be at your own risk. Partydip does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Partydip reserves the right to remove Content, expel users and prevent their further access to the Site for violating these Terms of Use or the applicable Regulations.

NON-DISCRIMINATION POLICY.

Partydip prohibits discrimination by Vendors or licensors against users, guests, visitors, or any other party ("Protected Class") on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law ("Protected Characteristic"). Such discrimination includes, but is not limited to, doing any of the following: refusing to provide goods or services to, or accept goods or services from, a member of any Protected Class on the basis of a Protected Characteristic; submitting discriminatory content on the Site; imposing any different terms or conditions upon a member of any Protected Class on the basis of a Protected Characteristic; or any other conduct that improperly takes into account any Protected Characteristic. Partydip will take steps, in its sole discretion, to enforce this policy, up to and including the suspension or removal from the Site of anyone who violates this policy. In addition, Vendors should make every effort to be welcoming to families of all backgrounds. Vendors who, in Partydip’s belief, demonstrate a pattern of refusing to provide goods or services to families who are members of a protected class (even while articulating legitimate reasons) undermine the strength of our community and may be suspended or removed in Partydip’s sole discretion. If you experience discrimination from any user, guest, Vendor, Partydip employee, licensor, visitor, or user of the Site, please contact us with the subject "Non-Discrimination Policy", so we can investigate and take appropriate measures immediately.

LINKS.

This Site provides links to access to other Internet Sites maintained by other parties. Partydip does not control these sites, and user accesses them solely at user’s own risk. Partydip also does not endorse or approve any products or information offered at sites user reaches through this Site. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource. Check the Uniform Resource Locator (URL) address provided in user’s Internet browser to determine if user is still on the Partydip Site or has moved to another Site.

ELECTRONIC COMMUNICATION.

When user uses the Site or send emails to Partydip, user is communicating with us electronically and consent to receive electronic communications related to user’s use of the Site. We will communicate with user by email or by posting notices on the Site. user agrees that all agreements, notices, disclosures, and other communications that are provided to user electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to user and effective when posted on the Site.

TERMINATION.

You agree that Partydip may terminate your use of this Site if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, violated the rights of Partydip or any third party, or for any reason with or without notice to you. You agree that Partydip may modify or discontinue this Site, with or without notice to you. You agree that Partydip will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use. All licenses granted to Partydip will survive termination of the granting user’s account or permission to access the Site.

INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Partydip, its officers, directors, employees, agents, licensors and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

You are solely responsible for your interactions with Vendors and other users of the Site. To the extent permitted under applicable laws, you hereby release Partydip from any and all claims or liability related to any product or service of a Vendor, regardless of whether such product or service was purchased or discovered through the Site, any action or inaction by a Vendor, including, without limitation, but not limited to any harm caused to user by action or inaction of a Vendor, a Vendor’s failure to comply with applicable law, and any conduct, speech or User Generated Content, whether online or offline, of any other third-party.

TRADEMARKS.

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Partydip owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Partydip or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, User will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties.

Other marks on the site not owned by Partydip may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Partydip unless otherwise stated, or may be the property of their respective owners. User may not use Partydip’s name, logos, trademarks or brands, or trademarks or brands of others on the Site without Partydip’s express permission.

NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENTS.

Partydip respects the intellectual property rights of others. Accordingly, if you are a copyright owner or an authorized agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of 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 permit Partydip to locate the material; (iv) information reasonably sufficient to permit Partydip to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) 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 owner of an exclusive right that is allegedly infringed. Partydip’s designated Copyright Agent to receive notifications of claimed infringement is legal@partydip.co. Partydip, 1108 Lavaca Street, Suite 110-182, Austin, TX 78701. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please provide Partydip with a separate notice each time you wish to report alleged acts of infringement.

FORCE MAJEURE.

Partydip shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Partydip or a Vendor, as applicable.

DISPUTE RESOLUTION / ARBITRATION AGREEMENT

(a)  Binding Arbitration . Except as specifically stated herein, any dispute or claim between you and Partydip and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Partydip Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, your Personal Information, or any Products or Merchant Services (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Partydip are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)).  The provisions of this Section 24 shall constitute user’s and Partydip’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“ Dispute Agreement ”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at ADR Consumer site, and simultaneously sending a copy of the completed form to the following address: 

Partydip, 1108 Lavaca Street, Suite 110-182, Austin, Texas 78701.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. Partydip will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, Partydip will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless user requests, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, user hereby unconditionally agrees that (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that user may have entered into in connection with the Site; (2) the arbitrator shall apply Illinois law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable Partydip Entity(ies) shall agree to, or a court shall select, another arbitration provider.

(b)  No Class Action Matters. You and Partydip each agree that neither party shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, you and Partydip each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

(c)  Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which user shall have the right to bring in a court of competent jurisdiction in the county in which user resides, user and Partydip agree that any Dispute may only be instituted in a state or federal court in Travis County, Texas; (ii) user and Partydip irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) user and Partydip agree to waive any right to a trial by jury. user and Partydip agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Texas, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.

(d)  Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against user’s interests or the general business interests of Partydip.

(e)  Severability . With the exception of Section (b) above, if any part of this Section is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section (b) above is ruled to be unenforceable, then Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

Disclaimer

AS PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT THE USER’S SOLE RISK. PARTYDIP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARTYDIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PARTYDIP DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARTYDIP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, THE USER (AND NOT PARTYDIP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE USER.

NOTICE TO TEXAS RESIDENTS: WAIVER OF CONSUMER RIGHTS

USER HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW USER’S RIGHTS, REMEDIES AND BENEFITS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. AFTER CONSULTATION WITH AN ATTORNEY OF USER’S OWN SELECTION, USER VOLUNTARILY CONSENTS TO THIS WAIVER.

Limitation of Liability

IN NO EVENT SHALL PARTYDIP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PARTYDIP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. YOU AND PARTYDIP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. PARTYDIP’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE US$100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

RELEASE.

IF THERE IS A DISPUTE BETWEEN USERS OF THE SITE, OR BETWEEN USERS AND ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY SUPPLIER, YOU AGREE THAT PARTYDIP IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY SUPPLIER, YOU RELEASE PARTYDIP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SITE AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY REVIEWS POSTED ABOUT YOU OR YOUR BUSINESS OR ANY TRAVEL SERVICES). IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

GENERAL PROVISIONS.

These Terms of Use constitute the entire agreement and understanding between you and Partydip with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may be subject to additional terms and conditions that are applicable to certain parts of the Site. If any portion of these Terms of Use are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflicts of law provisions. The failure of Partydip to act with respect to a breach of these Terms of Use by you or others does not waive Partydip’s right to act with respect to subsequent or similar breaches. Partydip does not guarantee that it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. You may not assign these Terms of Use by operation of law or otherwise without the prior written consent of Partydip, which may be withheld at Partydip’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Partydip may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

CONTACT US.

If you have any questions or comments about these Terms of Use, please contact us by email at hello@partydip.co or write us at: Partydip, 1108 Lavaca Street, Suite 110-182, Austin, TX 78701.

This Terms of Use effective date: March 24, 2022.
Last updated: October 27, 2022.