The Site and the App are nightlife reservation utilities that enable registered users (“Users”) to reserve and pre-purchase nightlife experiences at participating venues (the “Venues”) for User and User’s guests (collectively the “Guests”). The Venue Packages (defined below) purchased through the Site or the App are processed by PartyPetition on behalf of the Venues offering the particular Venue Package. Purchasing a Venue Package on the Site and/or the App, or otherwise using any of the Services constitutes your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement. This Agreement will continue until terminated by either party, or modified or amended as set forth herein.
1. Purchase Procedures
Through the Site and the App, User shall provide certain information regarding the desired nightlife experiences, and PartyPetition may offer the User available packages of bundled services (which may include cover charge, food, drinks and other services at specific Venues for specific dates) (“Venue Packages”) that may be purchased from Venues. If the User elects to purchase any Venue Package, PartyPetition shall process the purchase on behalf of the Venue. Any credit card used for a purchase must be in the name of the User, or the User must have permission or authority to use such credit card.
All sales through the Site or the App are final. In the unlikely event that a Venue Package is not provided to the Guests’ reasonable satisfaction, the User must inform PartyPetition in reasonable detail of the deficiency within 5 days following the date of the Venue Package and PartyPetition may refund all or any portion of the purchase price in its sole discretion. Notwithstanding the foregoing, PartyPetition will not issue any refunds or exchanges due to inclement weather, natural disasters, family or medical emergencies, or any other circumstances beyond the reasonable control of PartyPetition.
In some cases the Venue Bids received may go through a third party authorized to provide those bids on behalf of the venues. These Venue Bids will be subject to all the same terms and conditions.
All sales shall be subject to PartyPetition’s Cancellation Policy
2. Admission to Venues
Venue management personnel not employed by PartyPetition will have the discretion to refuse or restrict entry to any Guest for any reason, or to remove any Guest following admission. Reasons for such refusals or removals may include but not be limited to insufficient proof of age, excessive alcohol consumption or disorderly conduct. PartyPetition will not issue any refunds or exchanges if a Guest is refused admission or removed from a Venue in accordance with this paragraph.
3. Use of Services
You represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement. For Venue Packages with age requirements higher than age 18, you represent and warrant that all Guests utilizing such Venue Package shall satisfy such minimum age requirements. You agree not to use the Services for any unlawful or abusive purpose or in any way which interferes with the ability of PartyPetition to provide Services to its customers, or damages the property of PartyPetition. Without limiting the foregoing, you agree not to:
- Use any robot, spider, scraper or other automatic device, process or means to access the Site or App for any purpose without PartyPetition’s express written permission.
- Take any action that imposes or may impose (in PartyPetition’s sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Implement any manual processes to monitor or copy content from the Site or App without PartyPetition’s express written permission.
- Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Site or App.
- Impersonate any person or entity or include any information about yourself that is inaccurate or misleading.
- Interfere with another person’s use and enjoyment of the Site or the App.
- Use the Site or the App for chain letters, junk mail, spamming, or use of distribution lists.
- Interfere with or damage the Site or the App, including without limitation through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site or the App; or
- Disrupt, interfere with, or otherwise harm or violate the security of the Site or the App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site, the App or affiliated or linked sites.
In utilizing the Site and/or the App, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site and/or the App (collectively, "Submit"), including, but not limited to, images, information, articles, photos, videos, or text (collectively, "Content"). You agree not to Submit any Content that:
- contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- contains sexually explicit language, pictures or other materials;
- is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; hatred or physical harm of any kind against any group or individual, such as Content that promotes racism, bigotry, obscenity, or discrimination;
- advertises, promotes or offers to trade any goods or services or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;
- reveals the identity or any personal details of any person other than yourself including, without limitation, any other member without that person’s permission;
- contains any identifiable personal contact information (other than for purposes of registering for the Services);
- expresses or implies that any statements you make are made or endorsed by us;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits or provides personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users; or
You are solely responsible for the Content that you Submit to the Site and/or the App or transmit to other members. We will not be responsible, or liable to any third party, for the content, accuracy or legality of any Content posted on the Site and/or the App. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site and/or the App constitutes a violation of their intellectual property rights, their right to privacy, or any other rights.
By posting Content to any public area of the Site and/or the App, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, and display, the Content for all purposes connected to operating and promoting the Services. We will not sell or sublicense your Content to any third party, however if PartyPetition is acquired, this license may be assigned to our successor.
Certain of the Services may permit and/or facilitate interactions among or between Users, including through comments, discussion forums, and/or similar features. If you choose to interact with other Users of the Site or the App, you do so entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people who are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.
By using the Site or the App, you accept that any User messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other Users of the Site or the App, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other Users. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other Users.
6. NO WARRANTIES
THE MATERIALS AND CONTENT CONTAINED IN THE SITE AND THE APP ARE PROVIDED “AS IS.” PARTYPETITION, THROUGH AND TOGETHER WITH ITS DIRECTORS, MANAGERS, OFFICERS, STOCKHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND AFFILIATED ENTITIES (COLLECTIVELY, THE “PARTYPETITION AFFILIATES” AND EACH, A “PARTYPETITION AFFILIATE”) MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT OR SERVICES WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY PARTYPETITION AFFILIATE BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION REGARDLESS OF WHETHER ANY PARTYPETITION AFFILIATE HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE PROVISION OF SERVICES BY PARTYPETITION.
YOU AND PARTYPETITION AGREE THAT THIS SECTION, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND PARTYPETITION. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, PARTYPETITION WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PARTYPETITION AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE, OR (B) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSABLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANY PARTYPETITION AFFILIATES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
9. Ownership of the Site, the App and Proprietary Content
This Site, the App, and all information, materials and content available on the Site and/or the App, including without limitation any trademarks, logos, service marks, trade dress, text, and graphics, except for any Content submitted by you (collectively the “Proprietary Content”), is the property of PartyPetition and/or certain third-parties, including the Venues and other third-party providers, distributors and Users. Nothing contained on the Site or the App should be construed as granting, by implication or otherwise, any license or right to use any of the Proprietary Content without the written permission of the party that owns the Proprietary Content, whether it be PartyPetition or a third party.
10. Your Account
In order to obtain access to certain Services, you will need to register by creating an account with PartyPetition. If you choose to create an account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Users may also choose to identify themselves via their Facebook account. Access to the Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by PartyPetition may not register for an account, nor may you designate any of those individuals to use your account on your behalf. You are solely responsible for any and all access to the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization at firstname.lastname@example.org.
11. Links to Other Materials
The sites linked to the Site are not necessarily under the control of PartyPetition and PartyPetition is not responsible for the content of any linked site. PartyPetition has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
12. Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, are solely between you and such advertiser. You agree that in no event shall any PartyPetition Affiliate be held responsible or liable for any loss or damage of any sort incurred as a result of or in connection with any dealings with such advertisers. By selecting a special offer, product, or service from a third-party within the Site, you agree that in order to receive the special offer, product, or service, PartyPetition may share certain personal information of yours with the applicable third-party provider. PartyPetition is not responsible for the privacy practices or the content of such third-party providers or other websites other than the Site.
13. Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, excluding that body of law applicable to conflicts of law. You agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Nevada state or federal court. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
15. General Information
We may change or modify this Agreement from time to time. You can review the most current version of this Agreement at any time at the Site (www.PartyPetition.com). Your continued use of the Services after the Agreement has been changed and posted to the Site constitutes your acceptance of the modified Agreement. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of PartyPetition (including the Site, the App and operations) to a third party. You may not assign this Agreement without our prior written consent. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire agreement between PartyPetition and you with respect to your use of the Site, the App, and Services, and it supersedes all prior or contemporaneous communications and proposals between PartyPetition and you with respect thereto. Any failure by PartyPetition to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.