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
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.
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
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).
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.
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.
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.
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 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.
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.