PartyPlan.com

Revised: July 7, 2012.



Strategic Information Services Pty Ltd (the "Company") 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 the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the 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 grantand 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 fromuploading, posting or otherwise transmitting on the PartyPlan.com website orservice any materials that violate another party's intellectual property rights.When we receive proper Notification of Alleged Copyright Infringement as describedin our PartyPlan.com Copyright Policy, we promptly remove or disable access tothe allegedly infringing material and terminate the accounts of repeate infringersas described herein in accordance with the Digital Millenium Copyright Act. Ifyou believe that any material on the Site infringes upon any copyright whichyou own or control, you may send a written notification of such infringementto our Designated Agent. Please see our PartyPlan.com Copyright Policy for moreinformation on how to report infringement of your copyright.


Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The 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 haveyour 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 orThird Party Applications, Software or Content posted on the Site or in connectionwith 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 orutilized in the Site or the Service. Although we provide rules for user conductand 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 theSite or in connection with any User Content or Third Party Applications, Softwareor Content. The Company is not responsible for the conduct, whether online oroffline, of any user of the Site or Service.The Site and the Service may be temporarily unavailable from time to time formaintenance or other reasons. The 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 anytechnical 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 congestionon the Internet or at any Site or combination thereof, including injury or damageto User's or to any other person's computer, mobile phone, or other hardwareor software, related to or resulting from using or downloading materials in connectionwith the Web and/or in connection with the Service, including any Mobile Clientsoftware. Under no circumstances will the Company be responsible for any lossor damage, including any loss or damage to any User Content or personal injuryor death, resulting from anyone's use of the Site or the Service, any User Contentor Third Party Applications, Software or Content posted on or through the Siteor the Service or transmitted to Users, or any interactions between users ofthe 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 COMPANYDISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISEANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORMAPPLICATIONS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT ORMATERIALS 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 SUCHSOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECTAND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREETHAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDINGANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONSAT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOURUSE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OFDATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.The Company reserves the right to change any and all content, software and otheritems used or contained in the Site and any Services and Platform Applicationsoffered 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 orrecommendation thereof, or any affiliation therewith, by the Company.


Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLETO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISINGFROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OFTHE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THESITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THECOMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORMOF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOUTO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASEWILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEESARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEFONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGESOF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.


Termination
The Company may terminate your membership, delete your profile and any contentor information that you have posted on the Site or through any Platform Applicationand/or prohibit you from using or accessing the Service or the Site or any PlatformApplication (or any portion, aspect or feature of the Service or the Site orany Platform Application) for any reason, or no reason, at any time in its solediscretion, with or without notice, including if it believes that you are under13, or under 18 and not in high school or college. When we are notified thata user has died, we will generally, but are not obligated to, keep the user'saccount 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 ofthe State of Queensland Australia, without regard to principles of conflict oflaws, will govern these Terms of Use and any dispute of any sort that might arisebetween you and the Company or any of our affiliates. With respect to any disputesor claims not subject to arbitration (as set forth below), you agree not to commenceor prosecute any action in connection therewith other than in the state and federalcourts of Australia, and you hereby consent to, and waive all defenses of lackof personal jurisdiction and forum non conveniens with respect to, venue andjurisdiction 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 the Company are non-confidential and shall become the sole property of the Company. The 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 the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of the 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.