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Revised: March 3, 2008.
Strategic Information Services Pty Ltd welcomes you to PartyPlan.com. The source
for all things party plan!
By accessing or using our web site at www.partyplan.com, you (the "User")
signify that you have read, understand and agree to be bound by these Terms
of Use ("Terms of Use" or "Terms
of Service " or "Agreement"), whether or not you are a registered member
of PartyPlan.com. We reserve the right, at our sole discretion, to change,
modify, add, or delete portions of these Terms of Use at any time without further
notice. If we do this, we will post the changes to these Terms of Use on this
page and will indicate at the top of this page the date these terms were last
revised. Your continued use of the Service or the Site after any such changes
constitutes your acceptance of the new Terms of Use. If you do not agree to
abide by these or any future Terms of Use, do not use or access (or continue
to use or access) the Service or the Site. It is your responsibility to regularly
check the Site to determine if there have been changes to these Terms of Use
and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY
CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely
for users who are eighteen (18) years of age or older, and users of the Site under
18 who are currently in high school, college, or university. Any registration
by, use of or access to the Site by anyone under 18, or by anyone who is under
18 and not in high school, college or university, is unauthorized, unlicensed
and in violation of these Terms of Use. By using the Service or the Site, you
represent and warrant that you are 18 or older or in high school, college, or
university, and that you agree to and to abide by all of the terms and conditions
of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and
any other information you provide to PartyPlan.com, to keep it accurate, current
and complete; and (d) be fully responsible for all use of your account and for
any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs,
text, graphics, pictures, video, information, applications, software, music, sound
and other files, and their selection and arrangement (the "Site Content"), are
the proprietary property of Strategic Information Services Pty Ltd, its users
or its licensors with all rights reserved. No Site Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted,
or sold in any form or by any means, in whole or in part, without the prior written
permission of Strategic Information Services Pty Ltd, except that the foregoing
does not apply to your own User Content (as defined below) that you legally post
on the Site. Provided that you are eligible for use of the Site, you are granted
a limited license to access and use the Site and the Site Content and to download
or print a copy of any portion of the Site Content to which you have properly
gained access solely for your personal, non-commercial use, provided that you
keep all copyright or other proprietary notices intact. Except for your own User
Content, you may not upload or republish Site Content on any Internet, Intranet
or Extranet site or incorporate the information in any other database or compilation,
and any other use of the Site Content is strictly prohibited. Such license is
subject to these Terms of Use and does not include use of any data mining, robots
or similar data gathering or extraction methods. Any use of the Site or the Site
Content other than as specifically authorized herein, without the prior written
permission of Strategic Information Services Pty Ltd, is strictly prohibited and
will terminate the license granted herein. Such unauthorized use may also violate
applicable laws including copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these Terms
of Use shall be construed as conferring any license to intellectual property rights,
whether by estoppel, implication or otherwise. This license is revocable at any
time without notice and with or without cause.
Trademarks
PARTYPLAN.COM, STRATEGICINFO and other graphics, logos, designs, page headers,
button icons, scripts and service names are trademarks of Strategic Information
Services Pty Ltd in the US, UK, Australia.and/or other countries. Strategic Information
Services Pty Ltd trademarks and trade dress including PARTYPLAN.COM may not be
used, including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior written
permission of Strategic Information Services Pty Ltd.
User Conduct
You understand that except for advertising programs offered by us on the Site,
the Service and the Site are available for your personal, non-commercial use
only. You represent, warrant and agree that no materials of any kind submitted
through your account or otherwise posted, transmitted, or shared by you on
or through the Service will violate or infringe upon the rights of any third
party, including copyright, trademark, privacy, publicity or other personal
or proprietary rights; or contain libelous, defamatory or otherwise unlawful
material. In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other
users from the Service or the Site by electronic or other means for the purposes
of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner
that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact
with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content
that we deem to be harmful, threatening, unlawful, defamatory, infringing,
abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of
privacy or publicity rights, hateful, or racially, ethnically or otherwise
objectionable;
- upload, post, transmit, share, store or otherwise make available any videos
other than those of a personal nature that: (i) are of you or your friends,
(ii) are taken by you or your friends, or (iii) are original art or animation
created by you or your friends;
- register for more than one User account, register for a User account on
behalf of an individual other than yourself, or register for a User account
on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent
yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited
or unauthorized advertising, solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available
on the Site any private information of any third party, including, addresses,
phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or
personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content
that would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party, or that would otherwise create liability
or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site;
- upload, post, transmit, share, store or otherwise make available content
that, in the sole judgment of Company, is objectionable or which restricts
or inhibits any other person from using or enjoying the Site, or which may
expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our PartyPlan.com
Code of Conduct that provides further information regarding the authorized
conduct of users on PartyPlan.com.
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name,
image, and likeness), messages, notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or display (hereinafter,
"post") on or through the Service or the Site, or transmit to or share with
other users (collectively the "User Content"). You may not post, transmit,
or share User Content on the Site or Service that you did not create or that
you do not have permission to post. You understand and agree that the Company
may, but is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for any reason
or no reason, including User Content that in the sole judgment of the Company
violates this Agreement or the Site's Code of Conduct, or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of users or others. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any User Content you post
or store on the Site or provide to the Company. When you post User Content
to the Site, you authorize and direct us to make such copies thereof as we
deem necessary in order to facilitate the posting and storage of the User Content
on the Site. By posting User Content to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to grant, to the
Company an irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on
or in connection with the Site or the promotion thereof, to prepare derivative
works of, or incorporate into other works, such User Content, and to grant
and authorize sublicenses of the foregoing. In addition, you also agree to the
following terms applicible to specific User Content:
- Profile User Content: For the continuity of discussion
content, membership
profiles cannot be completely removed or deleted however you
may edit, modify and delete your Profile User Content, including personal
details, at any time. If
you choose to remove your Profile User Content, the associated license
granted above will automatically expire, however you acknowledge that
the Company may retain archived copies of your Profile User Content.
The Company does not assert any ownership over your Profile User Content;
rather, as between us and you, subject to the rights granted to us in
these Terms, you retain full ownership of all of your Profile User Content
and any intellectual property rights or other proprietary rights associated
with your User Content.
- Discussion User Content: Discussion
User Content posted in the Site's discussion forum constitutes a permanently
archived record of discussion and cannot edited, modified or removed. You
may however edit your Discussion User Content within the first 24 hours of
posting such content. By posting Discussion User Content you acknowledge
and consent to your Discussion User Content being permanently displayed in
a publicly visible archive under the license granted above.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from
uploading, posting or otherwise transmitting on the PartyPlan.com website or
service any materials that violate another party's intellectual property rights.
When we receive proper Notification of Alleged Copyright Infringement as described
in our PartyPlan.com Copyright Policy, we promptly remove or disable access to
the allegedly infringing material and terminate the accounts of repeate infringers
as described herein in accordance with the Digital Millenium Copyright Act. If
you believe that any material on the Site infringes upon any copyright which
you own or control, you may send a written notification of such infringement
to our Designated Agent. Please see our PartyPlan.com Copyright Policy for more
information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable
to your purchase of products or services from Strategic Information Services Pty
Ltd. By ordering products or services from Strategic Information Services Pty
Ltd through the PartyPlan.com, you agree to be bound by and accept the Terms of
Sale. The Terms of Sale are subject to change without prior notice at any time,
in the Company's sole discretion so you should review the Terms of Sale each time
you make a purchase.
User Disputes
You are solely responsible for your interactions with other PartyPlan.com members
and users. We reserve the right, but have no obligation, to monitor disputes between
you and other users.
Privacy
We care about the privacy of our users as specified in the PartyPlan.com
Privacy Policy. By using the Site or the Service, you are consenting to have
your personal data transferred to and processed in Australia, the United States,
New Zealand, Canada, and/or the United Kingdom.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or
Third Party Applications, Software or Content posted on the Site or in connection
with the Service, whether posted or caused by users of the Site, by PartyPlan.com,
by third parties or by any of the equipment or programming associated with or
utilized in the Site or the Service. Although we provide rules for user conduct
and postings, we do not control and are not responsible for what users post,
transmit or share on the Site and are not responsible for any offensive, inappropriate,
obscene, unlawful or otherwise objectionable content you may encounter on the
Site or in connection with any User Content or Third Party Applications, Software
or Content. The Company is not responsible for the conduct, whether online or
offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for
maintenance or other reasons. Company assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to,
or alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment, software,
failure of email or players on account of technical problems or traffic congestion
on the Internet or at any Site or combination thereof, including injury or damage
to User's or to any other person's computer, mobile phone, or other hardware
or software, related to or resulting from using or downloading materials in connection
with the Web and/or in connection with the Service, including any Mobile Client
software. Under no circumstances will the Company be responsible for any loss
or damage, including any loss or damage to any User Content or personal injury
or death, resulting from anyone's use of the Site or the Service, any User Content
or Third Party Applications, Software or Content posted on or through the Site
or the Service or transmitted to Users, or any interactions between users of
the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE COMMUNITY NETWORK AND DISCUSSION FORUMS),
ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY
DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE
ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM
APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR
MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS,
OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH
SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT
AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING
ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR
USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF
DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other
items used or contained in the Site and any Services and Platform Applications
offered through the Site at any time without notice. Reference to any products,
services, processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING
FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF
THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE
SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE
WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES
ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF
ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES
OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and any content
or information that you have posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service or the Site or any Platform
Application (or any portion, aspect or feature of the Service or the Site or
any Platform Application) for any reason, or no reason, at any time in its sole
discretion, with or without notice, including if it believes that you are under
13, or under 18 and not in high school or college. When we are notified that
a user has died, we will generally, but are not obligated to, keep the user's
account active to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of
the State of Queensland Australia, without regard to principles of conflict of
laws, will govern these Terms of Use and any dispute of any sort that might arise
between you and the Company or any of our affiliates. With respect to any disputes
or claims not subject to arbitration (as set forth below), you agree not to commence
or prosecute any action in connection therewith other than in the state and federal
courts of Australia, and you hereby consent to, and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to, venue and
jurisdiction in the state and federal courts of Australia..
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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