Party Patch Terms of Use

These Terms of Use cover all of the websites of Party Patch and its subsidiaries and affiliates and any associated content including email, RSS and Mobile Services, as defined below. Please read this statement carefully before using proceeding to access any of the Party Patch websites. By visiting the Party Patch websites or downloading, installing or using any Party Patch mobile or desktop application software or services, or other materials or services made available on, from, or through the Websites (collectively, the “Website(s)”), you signify your agreement to the terms and conditions set forth in these Terms of Use (the “Terms”) and Party Patch’s Privacy Policy, found at http://partypatch.com/privacy-policy and incorporated herein by reference. If you do not agree to any of these Terms or the Party Patch Privacy Policy, please do not use the Website(s). The Website(s) are provided, controlled, operated and administered by Party Patch from its offices within the United States of America. Party Patch makes no representation that the Website(s) are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

To use the Website(s), you must either be (a) at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, (b) if you are between the ages of 13 and 18/the age of majority, you must have the consent of your legal parental or guardian consent to use the Website(s). If you are under 13 years of age, please do not use the Website(s).

Party Patch may, in its sole discretion, modify or revise these Terms and policies at any time. Unless Party Patch makes a change for legal or administrative reasons, Party Patch will provide reasonable advance notice before the updated Terms become effective. You agree that Party Patch may notify you of the updated Terms by posting them on the Website(s), and that your use of the Website(s) after the effective date of the updated Terms (or engaging in such other conduct as Party Patch may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Website(s). The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Website(s) from that point forward.

The Website(s) is a temporary free service and Party Patch can begin charging at any time for use of any or all parts of the Website(s). Party Patch reserves the right to discontinue any aspect of the Website(s) at any time. Party Patch reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

These Terms apply to all users of the Website(s), including users who contribute User Submissions, as defined below.

Party Patch Accounts

You do not need an account in order to access content on the Website(s); however, in order to access some features of the Website(s), you will have to create an account. You may be able to create your account using your Facebook account or other accounts. Your use of these third party services are governed by the terms of use and privacy policies of these third parties. Additionally, you may never use another’s account without permission. When creating your account, you must provide accurate and complete information. Party Patch prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Party Patch upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. It is your sole responsibility to protect your password from unauthorized use. You must notify Party Patch immediately of any breach of security or unauthorized use of your account. You agree that you will not solicit, collect or use the login credentials of other Party Patch users.

Although Party Patch will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Party Patch or others due to such unauthorized use. Party Patch will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received from your account, regardless of whether the data is actually received by Party Patch.

Proprietary Rights

You acknowledge and agree that the Websites and all materials incorporated by Party Patch on the Websites, other than the User Submissions, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Website(s) (“Material”) constitute the proprietary and valuable property of Party Patch and are protected by United States and international copyrights, patents, trade secrets or other proprietary rights and laws (“IP Rights”). Any use of the Website(s) other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Party Patch.

Some of the characters, logos or other images incorporated by Party Patch on Party Patch websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Party Patch or others (“Trademarks”). You agree not to use any Party Patch Trademarks without Party Patch’s written consent. Other trademarks, service marks, trade names, logos and other branding used and displayed via the Website(s) (“Third Party Mark(s)”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Party Patch. Except as expressly provided in these Terms or in terms provided by the owner of a Third Party Mark, nothing in these Terms or the Website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Party Patch Trademarks displayed on the Website(s), without Party Patch’s prior written permission in each instance. All goodwill generated from the use of Party Patch Trademarks will inure to the exclusive benefit of Party Patch.

Your Use of Material

Your right to make use of Party Patch websites and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Material is provided to you AS IS. Modification or use of the Material or any other content on Party Patch websites for any purpose not permitted by these Terms of Use may be a violation of the IP Rights and is prohibited.

You may access and display Material and all other content displayed on Party Patch websites for non-commercial, personal, entertainment use on a single computer or device only. The Material and all other content on Party Patch websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Party Patch. Any authorization to copy Material granted by Party Patch in any part of the Website(s) for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer or device only, and is subject to your reproducing and keeping intact, and not altering, removing, modifying or suppressing, all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Party Patch websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

You understand that when using the Website(s), you will be exposed to Material from a variety of sources, and that Party Patch is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Party Patch with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Party Patch, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website(s).

Mobile Services

Party Patch may offer certain services that are available via a mobile device or app, including (i) the ability to upload User Submissions to the Website(s) via a mobile device, (ii) the ability to browse the Website(s) from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Website(s) through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Party Patch.

External Link Disclaimer

Party Patch websites contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. Some of these sites may not be affiliated with Party Patch.

By providing links to other sites, Party Patch does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Party Patch website in question.

Party Patch does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visiting any such external sites is at your own risk. We encourage our users to be aware when they leave our site and to read the terms of use and privacy statements of such external websites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.

Comments and Discussion Groups Terms of Use

In order to make our Comments interesting and informative for our users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments:

  • If a comment is made using your identity or account it will be deemed to have been posted by you.
  • Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
  • Do not intentionally make false or misleading statements.
  • Do not offer to sell or buy any product or service.
  • Do not post material that infringes copyright.
  • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
  • Do not question why a previous comment was removed.
  • Keep all comments relevant and ‘on topic’ to the particular Party Patch website posting open for comments.
  • Party Patch will not accept responsibility for information posted in the Comments.
  • If Party Patch receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, Party Patch may remove that posting and/or any other related postings.

Termination Policy

You may delete or temporarily suspend your account at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Website(s) and our servers. If your profile is suspended or terminated, your User Submissions may not be deleted from the Website(s) or our servers.

Party Patch may terminate a user’s account or access to the Website(s) if, under appropriate circumstances, Party Patch determines you violated these Terms or Party Patch’s Privacy Policy. If Party Patch terminates your access to the Website(s)or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Website(s). Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

Party Patch reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, illegal or offensive content. Party Patch may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Website(s). Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website(s), may be referred to appropriate law enforcement authorities.

In accordance with the DMCA and other applicable laws, Party Patch has adopted a policy of terminating, in appropriate circumstances and at Party Patch’s sole discretion, users who are deemed to be repeat infringers. Party Patch may also at its sole discretion limit access to the Website(s) and/or terminate the accounts of any users who infringe any IP Rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE(S) IS AT YOUR OWN RISK. THE WEBSITE(S) AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Party Patch DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE(S) AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. Party Patch DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE(S) WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE(S) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Party Patch DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE(S) OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) OR ANY SITES LINKED TO THE WEBSITE(S) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Party Patch MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE(S) OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE(S) WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Party Patch ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF Party Patch. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.Party Patch ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE(S), (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE(S), (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE(S) BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE(S), AND/OR (VII) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

Limitation of Liability

IN NO EVENT SHALL PARTY PATCH, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE(S) OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE(S), REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF Party Patch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT Party Patch) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT Party Patch SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Party Patch’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY Party Patch, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY RACECARTHINGS.COM.

Indemnity

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. You agree to defend, indemnify, and hold Party Patch, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use the Website(s), User Submissions, Material or Content, (ii) your User Submissions, (iii) your violation of these Terms or any laws, (iv) your violation of any third party right, including without limitation any IP rights or privacy right; or (v) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Service.

General

You agree that: (i) the Website(s) shall be deemed solely based in Texas; and (ii) the Website(s) shall be deemed a passive web site that does not give rise to personal jurisdiction over Party Patch, LLC, either specific or general, in jurisdictions other than Texas. These Terms shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with the Website(s) shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Travis County, Texas and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves. These Terms, together with the Privacy Policy at http://partypatch.com/privacy-policy and any other legal notices published by Party Patch on the Website(s), shall constitute the entire agreement between you and Party Patch concerning the Website(s). If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Party Patch’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Party Patch without restriction. YOU AND Party Patch AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.