Terms & Conditions
Last Updated 1/6/2023
These Terms of Use (this “Agreement”) governs your use of all information, data, reports, and other content (collectively “Content”) available via Partytrick’s website located at https://www.partytrick.com/ (the “Platform”) and are agreed to between you as an individual (“you” or “your”) and Partytrick, LLC with its principal place of business at Partytrick, 1101 East Bayaud, Denver, CO 80209 (“Partytrick” or “we”).
By accessing or using any part of the Platform or any Content, or by clicking “I agree” to this Agreement, you agree to enter into and be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or use any part of the Platform or any Content.
SECTION 17 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND PARTYTRICK ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 17 WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND PARTYTRICK TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. PLEASE SEE SECTION 17 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT.
IF YOU SUBSCRIBE TO THE PLATFORM FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT THE SUBSCRIPTION FEE FOR YOUR SELECTED TIER UNLESS YOU CANCEL YOUR SUBSCRIPTION OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 7 BELOW.
1. Definitions.
Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.
2. Term.
This Agreement is entered into as of the earlier of the date you first access or use the Platform or any Content or click “I agree” to this Agreement and will continue until terminated as set forth herein.
3. Modifications.
Partytrick reserves the right, at any time, to modify the Platform or any Content, as well as the terms of this Agreement, whether by making those modifications available on the Platform or by providing notice to you as specified in this Agreement. Any modifications will be effective upon posting to the Platform or delivery of such other notice. You may cease using or accessing the Platform or Content or terminate this Agreement at any time if you do not agree to any modification. However, you will be deemed to have agreed to any and all modifications through your continued use of or access to the Platform or Content following such notice.
4. Eligibility.
The Platform is intended for use by individuals 18 years of age and older. By accessing or using the Platform or any Content, you represent and warrant that you are at least 18 years of age.
5. Your Account and Content.
5.1 Account Creation and Responsibility.
Before accessing certain portions of the Platform, you (“User”) are required to establish an account on the Platform (an “Account”). Approval of any request to establish an Account will be at the sole discretion of Partytrick. Your Account and the user identification and password for that Account (the “Account ID”) is personal in nature. Your Account is for your individual use and may only be used by you. You will not distribute or transfer your Account or Account ID to anyone else, or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform through your User Account. You will ensure the security and confidentiality of each Account ID and will notify Partytrick immediately if any Account ID is lost, stolen, or otherwise compromised. Any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you. In connection with establishing an Account, you will be asked to submit certain information about yourself (“Registration Information”). You agree that: (1) all Registration Information you provide will be true and complete; and (2) you will maintain and promptly update your Registration Information to keep it accurate and current. You may not: (a) select or use an Account ID of another person with the intent to impersonate that person; or (b) use an Account ID that Partytrick, in its sole discretion, deems offensive.
5.2 Your Content.
Except as expressly provided by this Agreement, you are solely responsible for the nature of all Content, including your Registration Information, your Account information and any other Account passwords, usernames, or other personal information, that you provide, upload, or transfer to the Platform or generate through your Account (“Your Content”). By providing Your Content, you grant Partytrick a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any form, media, software, or technology of any kind. You agree that Your Content: (a) does not violate this Agreement or any applicable laws; (b) is not libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (c) does not constitute an infringement or misappropriation of the IPR (as defined below) or other rights of any third party; (d) is not an advertisement or solicitation of funds, goods, or services; (e) is not false, misleading, or inaccurate; or (f) could not be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or a disruptive advertisement. Partytrick is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Your Content. You agree that you have all right, title, interest, and consent in Your Content necessary to allow Partytrick to use Your Content for the purposes for which you provide Your Content to Partytrick.
6. Access.
6.1 To Additional Areas or Content.
Subject to your compliance with this Agreement, Partytrick will permit you to access and use the Platform and Content solely for lawful purposes and only in accordance with the terms of this Agreement. Access to certain areas of the Platform or certain items of Content may also require you to agree to additional agreements (each an “Annex”). This Agreement and any Annex together comprise your entire Agreement with Partytrick. In the event of a conflict between the terms of this Agreement and an Annex, the terms of the Annex will govern your use of the portions of the Platform or items of Content to which the Annex applies, and this Agreement will govern in all other respects.
6.2 To Content.
As between Partytrick and you, all Content, including all text, audio, video, photographs, illustrations, graphics, checklists, party plans, and other content or media, provided through the Platform (“Platform Content”) is owned by Partytrick. All Platform Content is for your informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Platform Content prior to making use of that Platform Content. Subject to your compliance with this Agreement, you may use the Platform Content provided to you through the Platform solely for your personal, non-commercial purposes in connection with your permitted use of the Platform in accordance with this Agreement. You agree that you will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Platform Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any Platform Content; (c) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with any Platform Content; or (d) use the Platform Content for any competitive purpose. Partytrick has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Platform Content. Without limiting the foregoing, Partytrick will not be held liable to you or any third party for any Content (including Your Content) under the Communications Decency Act (47 U.S.C. § 230). Except as set forth in this Agreement, you are granted no licenses or rights in or to any Platform Content, or any IPR therein or related thereto.
6.3 To Third-Party Products and Services.
(a) Generally.
Partytrick may provide you with the ability to access products and services developed, provided, or maintained by third-party providers through the Platform (“Third-Party Products and Services”). Third-Party Products and Services may integrate with, pull Content from, or add Content to the Platform. In addition to the terms of this Agreement, your access to and use of any Third-Party Products and Services is also subject to any other agreement you may agree to before being given access to the Third-Party Products and Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Products and Services provided under that Third-Party Service Agreement in addition to the terms of this Agreement but will not apply to any other services or Content you may access through the Platform.
(b) Product Links.
All features, content, specifications, products and prices of Third-Party Products and Services described or depicted on this website are subject to change at any time without notice. All product descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your device and we cannot guarantee that your device will accurately display colors accurately. The inclusion of any products in this website at a particular time does not imply or warrant that these products will be available at any time – all purchases of Third-Party Products and Services are at your own risk. Partytrick does not make any representations or warranties about the Third-Party Products and Services, and does not make any guarantee of availability or shipment speed. You should carefully review all shipment and return policies prior to purchasing any Third-Party Products and Services.
6.4 To a Referral Program
Partytrick may offer you the ability to refer friends in exchange for the possibility to enter to receive certain benefits. If we offer such a program, additional terms and conditions may apply. For every Personal Friend of yours that you invite who then signs up for, and maintains membership in, the Partytrick service through the designated program at a designed time (as determined by Partytrick in its sole and absolute discretion), you may receive a sweepstakes entry. Please review the applicable sweepstakes rules to understand how many Personal Friends you must refer, and additional referral terms that apply. A “Personal Friend” is an individual person over the age of 18 legally residing in the United States with whom you are personally acquainted. Each Personal Friend is subject to verification by Partytrick, and we may reject any Personal Friend for any reason. We have no liability for any failure of your internet service provider, email provider, or device (including computer or mobile device) to deliver any referrals. The use of the referral program is void where prohibited or restricted by law. Personal Friends must join via clicking the link in the e-mail invitation or clicking on your personal invite URL to be registered as a referral. A Personal Friend can only accept one invite to Partytrick. If your Personal Friend does not follow the directions in the invite email to accept the invitation, you may not receive credit, and we will have no liability to you for your Personal Friend’s failure to follow directions. If a Personal Friend accepts an invite from someone else, you will not be credited for that invitation. In connection with any promotions run by Partytrick, which may change from time to time, any person that receives referral credits, promo codes, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law. We reserve the right to void referrals, sweepstakes entries, and credits earned if we suspect that the referrals, sweepstakes entries, or credits were earned in a fraudulent manner, in a manner that violates this Agreement, or in a manner otherwise not intended by Partytrick. You must not conduct your own promotion in connection with our referral credit program. You may not create multiple Partytrick accounts. You may not engage in any promotional, marketing, or other advertising activities on behalf of Partytrick, including by using any trademarks of Partytrick. If you use other sites, including without limitation, Facebook and Twitter, to recommend Partytrick, you will ensure that your use complies with their terms and conditions. You will comply with applicable law and regulation (including without limitation any FTC endorsement guidelines) in connection with any referrals associated with you. You may not earn, accrue, redeem, or use any benefits unless you are a member of Partytrick in good standing. Credits, referral benefits, coupons, or similar have no cash value and are not transferrable. Unless otherwise stated by Partytrick, all credits, promo codes, prizes, referral benefits expire 6 months after issuance. Any referral program is provided AS-IS and WITHOUT WARRANTY. We may change or terminate our referral programs at any time.
6.5 Sweepstakes.
Partytrick may offer you the ability to enter into sweepstakes or contests. All sweepstakes and contests shall be governed by the rules provided by Partytrick. All sweepstakes and contests are provided AS-IS and WITHOUT WARRANTY.
7. Payment.
(a) Generally.
You shall pay Partytrick all fees you have agreed in writing to pay to Partytrick in connection with this Agreement and your access to and use of the Platform or Content (“Fees”), either when you enter into this Agreement or during the term of this Agreement. We reserve the right to refuse any order. All recurring Fees will be due and payable by you in advance of the initial period and each applicable renewal period under this Agreement unless other payment terms have been extended by Partytrick. All other Fees will be due and payable as indicated by Partytrick. If you have specified a credit card, debit card, online payment account, mobile services account, or other payment method as an applicable payment mechanism under this Agreement, you grant Partytrick the right to charge the applicable payment mechanism you provided to Partytrick for all Fees incurred under this Agreement. All Fees will be non-refundable once paid to Partytrick (including upon any termination, expiration, or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1½% per month or the maximum amount permitted under applicable law. If Partytrick requires use of collection agencies, attorneys, or courts of law for collection of your account, you will be responsible for those expenses. You will be responsible for any and all use, sales, and other taxes imposed on any services or Content provided under this Agreement.
(b) Auto-Renewal Subscriptions.
By signing up for a subscription, your subscription will automatically renew (and you will automatically be charged) on the first day following the end of such subscription period indicated on your order summary and continue for periods of the same duration (or the length described in our offer, if applicable) until you cancel. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription. You can cancel at any time from your account page, and we will process your cancellation within two (2) business days. Your cancellation must be effective prior to the date your next subscription period begins to prevent renewal charges. You will not receive a refund for the remainder of your then-current subscription period. Upon the expiration of your deferral period, your subscription shall again be subject to the automatic renewal process described above. By subscribing, you authorize us to charge your payment provider for your initial subscription period, and again at the beginning of any subsequent subscription renewal period for the fees agreed upon. Your charges may change if we change our pricing with notice to you. If you choose to cancel your subscription at any time, your subscription will no longer renew and we will not charge your payment provider for the subsequent subscription period. Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Partytrick may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
(c) Free Trial.
In Partytrick’s sole discretion, you may have access to a free trial period of the Platform, which automatically converts to a paid annual or monthly subscription term after a certain period of time. In such instances, you can disable the automatic conversion by following the cancellation instructions set forth in this section prior to the date of conversion. If you don’t disable the automatic conversion by following the cancellation instructions prior to the date of conversion, then you will be charged for a subscription at the full price, and your subscription will continue at full price as set forth in this section. ALL FREE TRIALS ARE PROVIDED AS-IS AND WITHOUT WARRANTY. Free trials are not guaranteed, and Partytrick may suspend or terminate them at any time.
(d) Promotion Codes
Unless otherwise set forth in the terms of any promotion, all pricing promotions, free trials, or discounts will apply to the initial period of the Subscription only, and any renewals will be charged at the non-discounted rate then in effect for the type of subscription purchased. Promotion codes, discounts, free trials, and similar do not have any cash value, are not transferrable, and may be revoked or voided at any time. You may not conduct your own promotion in connection with any free trial, promotion code or program. Promo codes, free trials, and promotional pricing do not constitute property and you don’t have any vested property right or interest in them. Partytrick reserves the right to revoke, suspend, modify, or terminate any promotional program, promo code, or credit at any time without liability. All promotional codes are provided AS-IS and WITHOUT WARRANTY.
(e) Charge Disputes.
You agree to submit any disputes regarding any charge to your Account in writing to us within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending us an email at hello@partytrick.com.
8. Termination.
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Upon termination of this Agreement for any reason: (1) all rights and subscriptions granted to you under this Agreement will terminate; (2) you will immediately cease all use of and access to the Platform and all Content, including Your Content and any Content you obtained prior to termination; and (3) Partytrick may, in its sole discretion, delete your Account or Your Content at any time. Your Content may continue to exist on the Platform after termination of this Agreement unless you actively delete it or contact Partytrick’s support team and request that it be deleted. Sections 1, 5.2, 7, 8, and 10-22, will survive any expiration or termination of this Agreement.
9. Suspension.
Without limiting Partytrick’s right to terminate this Agreement, Partytrick may also suspend your access to your Account and the Platform (including Your Content), with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by Partytrick to be inappropriate or detrimental to Partytrick, the Platform, or any other Partytrick product, customer, or user.
10. Platform Technology.
The Platform, and the databases, software, hardware, and other technology used by or on behalf of Partytrick to operate the Platform, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of Partytrick. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Agreement; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; (9) interfere with the operation or hosting of the Technology or (10) use the Technology for any competitive purpose. Partytrick uses reasonable means to protect the security of the Platform, but you acknowledge that perfect security on the internet is impossible and that, as a result, Your Content may be exposed in the event of a breach.
11. Ownership.
Partytrick retains all rights, title, and interest, including all IPR, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Platform under this Agreement. The Partytrick name, logo, and all product and service names associated with the Platform are trademarks of Partytrick and its licensors and providers and you are granted no right or license to use them. For purposes of this Agreement, “IPR” means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
12. Representations and Warranties.
You represent and warrant to Partytrick that: (a) you have the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on your behalf; (c) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement; and (d) your use of and access to the Platform and Content, including Your Content, will comply with all applicable laws, rules, and regulations and will not cause Partytrick itself to violate any applicable laws, rules, or regulations.
13. Disclaimers.
THE PLATFORM AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” Partytrick AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED OR PROVIDED THROUGH THE PLATFORM. Partytrick AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE TECHNOLOGY (INCLUDING THE PLATFORM), CONTENT, AND THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Partytrick, ITS EMPLOYEES, PROVIDERS, OR AGENTS, OR THE PLATFORM, WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION (IF ANY).
14. Indemnity.
You hereby agree to indemnify, defend, and hold harmless Partytrick and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) arising in any manner from: (1) your access to or use of the Platform, including any Content; (2) Your Content or other Content you provide through the Platform; and (3) your breach of any representation, warranty, or other provision of this Agreement. Partytrick will provide you with notice of any such claim or allegation, and Partytrick will have the right to participate in the defense of any such claim at its expense.
15. Limitation on Liability.
Partytrick WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF OR ACCESS TO THE TECHNOLOGY (INCLUDING THE PLATFORM) OR CONTENT, EVEN IF Partytrick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. Partytrick’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND Partytrick’S PROVISION OF THE TECHNOLOGY (INCLUDING THE PLATFORM) AND ALL CONTENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT YOU ACTUALLY PAID TO Partytrick FOR USE OF OR ACCESS TO THE PLATFORM IN THE PRECEDING 6 MONTHS, AND (2) $500. YOU AGREE THAT Partytrick WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Partytrick’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Data Privacy.
16.1 Generally.
You acknowledge the use, collection, and disclosure of your personally identifiable information that you submit to the Platform or that is collected about you from the Platform as described in the Privacy Policy for the Platform, which is located at https://www.partytrick.com/privacy (“Privacy Policy”). Partytrick will have the right to collect, extract, compile, synthesize, and analyze information resulting from your access to and use of the Platform and Content. To the extent any such information is collected or generated by Partytrick, the data and information will be solely owned by Partytrick and may be used by Partytrick for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregate
16.2 Messaging Service Terms.
We may offer communications via calls, SMS text messages, or similar technology (including via automatic telephone dialing equipment) (the “Messaging Service”). These communications may be sent or initiated by Partytrick or any of its service providers, such as when we send you text messages to confirm, process, and notify you about a selection you make with regard to our services, or for any customer service, Account-related, or marketing purpose. By providing your phone number, signing up for the Messaging Service, or otherwise using the Messaging Service, you: (A) expressly agree to be bound by the terms and conditions set forth in this section; (B) consent to receive Partytrick’s text message disclosures electronically and consent to the use of an electronic record to document your opt-in to the Messaging Service; and (C) authorize Partytrick to send or allow our service providers to send the communications described in this section to the phone number you provide, including marketing communications sent or placed using an automatic telephone dialing system or automated system for the selection of telephone numbers. You acknowledge and agree that your authorization to send such marketing messages is not required as a condition of purchase. Message and data rates may apply for the Messaging Service. Message frequency may vary according to how you interact with our services. To stop receiving text messages from Partytrick, reply “STOP” to any message you receive from us or at any time to (720) 605-3159. You agree we may send you a message to confirm your receipt of your STOP request. You can also opt-out of Partytrick text messages by emailing us your request and mobile telephone number to hello@partytrick.com.
17. Disputes.
17.1 Agreement to Arbitrate.
Except as otherwise provided in Section 17.2, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach, or termination of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in Section 17.2, if any Dispute cannot be resolved through negotiations between the parties within 5 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by Partytrick in Denver, Colorado U.S.A. The arbitrator will apply the law set forth in Section 17.3 to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend this Agreement or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees, and expenses (including attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
17.2 Exception to Arbitration.
You agree that if Partytrick reasonably believes you have, in any manner, violated or threatened to infringe Partytrick’s IPR, then Partytrick may seek emergency, preliminary or other appropriate interim relief in the state or federal courts located in Denver, Colorado.
17.3 Governing Law and Venue.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado (U.S.A.) as such laws apply to contracts between Colorado residents performed entirely within Colorado, without regard to the conflict of laws provisions thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement, and the parties hereby disclaim the application thereof. Subject to Section 17.1, each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a state or federal court in Denver, Colorado (U.S.A.), and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding brought in such courts by Partytrick.
18. Notices.
Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Partytrick by postal mail to the address for Partytrick listed on the Platform and Partytrick’s website. Partytrick may provide you with any notices required or allowed under this Agreement by sending you an e-mail to any e-mail address you provide to Partytrick in connection with your Account, provided that in the case of any notice applicable both to you and other users of the Platform, Partytrick may instead provide such notice by posting on the Platform. Notices provided to Partytrick will be deemed given when actually received by Partytrick. Notice provided to you will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
19. Affiliate Programs.
This website contains affiliate links. If you choose to purchase after clicking a link, Partytrick may receive a commission at no extra cost to you. Partytrick is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, Partytrick earns from qualifying purchases. Partytrick has no formal relationship with Amazon, and Amazon does not endorse Partytrick.
20. Copyright Policy.
Upon proper notice, Partytrick will remove User Content and any other Content that violates applicable copyright law. Pursuant to Title 17 of the U.S. Code, Section 512, Partytrick has implemented procedures for receiving written notification of claimed copyright infringement on or through the Services and for processing such claims in accordance with such law. If you believe in good faith that materials posted on or through our Services infringe your copyright, you (or your agent) may send Partytrick a written “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must be in writing and must include the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit Partytrick to locate the material; (c) information reasonably sufficient to permit Partytrick to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. By submitting a notification, you acknowledge and agree that Partytrick may forward your notification and any related communications to any users who posted the material identified in such notice. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you or your User Content has been wrongfully removed from our Services, you may send Partytrick a counter-notification. Your counter notification, to be effective, must be in writing and must include the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on or through the Services; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located, and agree to accept service of process from the person who submitted the original infringement notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit. By submitting a counter notification, you acknowledge and agree that Partytrick may forward your counter notification and any related communications to the person who submitted the original notification that resulted in the removal of your User Content or to other third parties. Notices and counter notices should be sent to: hello@partytrick.com.
21. Promo Codes.
From time to time we may offer certain promotional codes for user on our site only (the “Promo Codes”). Promo Codes have no cash value, and may not be sold or transferred. You may not share a Promo Code with any third party. Promo Codes are for one-time use only, and some exclusions may apply as set forth on the site. Partytrick may suspend, terminate, or deactivate any Promo Codes at any time without notice. Partytrick may void any purchase made with a Promo Code if Partytrick believes such Promo Code was obtained fraudulently or used in a manner not in accordance with these terms. Promo Codes may not be combined with other offers or other promotional codes. Promo Codes can not be used to purchase gift cards.
22. Additional Terms.
Except as expressly set forth in this Agreement, this Agreement may be amended or modified only by a writing signed by both parties. All waivers by Partytrick under this Agreement must be in writing or later acknowledged by Partytrick in writing. Any waiver or failure by Partytrick to enforce any provision of this Agreement on one occasion will not be deemed a waiver by Partytrick of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with applicable law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with applicable law, and the remaining provisions will remain in full force. You may not assign or transfer either this Agreement or any of your rights or obligations hereunder (in whole or in part and including by sale, merger, consolidation, or other operation of law) without Partytrick’s prior written approval. Any assignment in violation of the foregoing will be null and void. Partytrick may assign this Agreement to any party that assumes Partytrick’s obligations hereunder. The words “include,” “includes,” and “including” means “include,” “includes,” or “including,” in each case, “without limitation.” The parties hereto are independent contractors, not agents, employees, or employers of the other or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. The Platform may contain links to third-party sites that are not under the control of Partytrick. Partytrick is not responsible for any content on any linked site and you access any third-party site from the Platform at your own risk.