Terms & Conditions of Use
These Terms and Conditions were last modified and effective as of February 3, 2012.
IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF THE TERMS CONTAINED HEREIN, PLEASE IMMEDIATELY DISCONTINUE USING OR ATTEMPTING TO USE OUR SITE. BECAUSE BY USING THE SITE, YOU WILL BE AGREEING TO ALL THE TERMS DESCRIBED OR REFERRED TO BELOW.
Registration. In order to access certain features or areas of the Site, you may be asked to register with the Site. In order to register, you must provide your true and correct first name, last name and email address, and you will be asked to create a unique user ID and password (collectively, your “Login”). You are responsible for maintaining the confidentiality and security of your Login. Do not share your Login with anyone else. You are sole responsible for any activities on and/or content posted to the Site using your Login. In the event that the security of your Login is compromised, you must notify us as soon as possible.
Trademarks, Copyright & Database Rights. All Content is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and may be protected under U.S. laws, regulations and treaties. “Content” refers to all content, images, applications, audio, video, audio-visual, text, graphics, messages, newsletters, illustrations, designs, icons, photographs, trademarks, service marks, brand names, trade dress and trade names and other distinctive identification, the “look” and “feel”, color combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on this Site, HTML and other code, data, information, database sand all copyrightable or otherwise legally protectible elements on the Site and in electronic or any other form, both tangible and intangible.
You keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to the Site, you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us such license. If you do not have the right to license Content to us (or if you are not sure), do not submit or provide Content to us.
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or obscure any notices applicable to Content, impair or attempt to circumvent any digital rights management or other technology, nor use our Site in violation of these Terms and Conditions or any laws or regulations. You may not use any computerized or automatic mechanism, to access, extract or download any Content. If you violate these Terms and Conditions, your permission to use the Site and Content will automatically terminate and you must immediately destroy all Content in your possession or under your control. All rights not specifically granted to you are expressly reserved and unauthorized or prohibited use of our Site and/or Content may subject you to civil liability, criminal prosecution or both. We make no representations about the accuracy, reliability, usefulness or completeness of Content and your use of our Service is solely at your own risk.
Third-Party Links. There may be links that make it easier for you to connect to third-party websites or that will let you access the Site from third-party websites. Linked third-party websites are not under the control of Party of We LLC and Party of We LLC is not responsible for the contents, terms and conditions and/or privacy practices of such third-party website or any link contained in such third-party website. Existence of links to third-party websites is not an endorsement by Party of We LLC in favor of such website or the products or services contained in such website. If you choose to access a third-party website linked on the Site you do so entirely at your own risk. Concerns regarding services, resources, privacy practices or terms and conditions of third-party websites should be directed to the provider of the third-party website. You are permitted to link to Party of We LLC’s homepage, partyofwe.org, without prior consent. We at all times reserve the irrevocable right to rescind consent for any link to the Site and to take any legal action we deem appropriate.
Acceptable use. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. You may not do the following in connection with your use of the Site:
Impersonate any other individual;
Alter, delete or conceal copyright or other notices, even if we let you download, display print or share the Content with others;
Send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Party of We LLC. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
Post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, indecent or pornographic material or other material kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to any civil liability or otherwise violate any applicable law;
Post or transmit and from the Site any material kind which violates or infringes upon the rights of other persons, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade mark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
Download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;
Attempt to probe, scan or test the vulnerability of the Site, system or network or to breach security or authentication measures without proper authorization;
Interfere or attempt to interfere with the proper functioning of the Site or Party of We LLC including, without limitation, via means of submitting a virus to the Site or Party of We LLC, overloading, “flooding”, “mailbombing” or “crashing”;
Send unsolicited e-mail of promotions and/or advertising of products or services;
Forge any TCP/IP packet header or any part of the header information in any e-mail;
Frame the contents or any part of the Site within any materials not originated by Party of We LLC.
Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located, with enough detail that we may find it;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: via email at firstname.lastname@example.org or via mail at 599 Lexington Avenue, Attn: Douglas J. Wood, New York, NY 10022 or via fax to 212-521-5450, Attn: Douglas J. Wood.
We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Site or posting Content.
Indemnification. You agree to defend us and our members, representatives and agents against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions (“Claim”) and you shall indemnify and hold harmless us and our members, representatives and agents from and against any expenses, losses, damages and costs (including, but not limited to, reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense such Claim.
Termination. These Terms and Conditions are effective unless and until terminated by us. You may terminate your acceptance of your Agreement with us by discontinuing any further use of the Site. We may also terminate, discontinue or suspend these Terms and Conditions and the Site at any time and may do so immediately without notice, and accordingly we may deny you access to the Site for any reason or no reason. Upon any termination of these Terms and Conditions by either you or us, you must promptly destroy all materials downloaded from the Site, as well as copies of such materials.
Severance & Waiver. If any provision of these Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a continuing waiver of such term or any other term.
Third Party Rights. Nothing in these Terms and Conditions is intended to confer on any third party (whether referred to in these Terms and Conditions by name, class, description or otherwise) any benefit or any right to enforce any provision of these Terms and Conditions or any agreement entered into in connection with it.
Governing Law. Your visiting the Site and any claim relating to, and the use of, the Site and the materials contained herein is governed by the laws of the State of New York, USA. You consent to the exclusive venue and jurisdiction of the state and or federal courts situated in New York County, New York, USA.
Site Content; Disclaimer And Limitation Of Liability. THE SITE AND ALL CONTENT IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT THE SITE OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITE OR CONTENT IS ACCURATE, COMPLETE, ERROR FREE. ALTHOUGH WE ENDEAVOR TO ENSURE THAT THE CONTENT OF THE SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), USERS SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA THE SITE. THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF THE SITE YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, PARTY OF WE LLC DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF THE SITE OR CONTENT OR THE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, PARTY OF WE LLC SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL PARTY OF WE LLC’S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Miscellaneous. Any provision which must survive any termination of the Agreement with Party of We LLC in order to allow Party of We LLC to enforce its meaning shall survive. You may not make or initiate any claim, demand or action against Party of We LLC, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Further Information. Questions regarding these Terms and Conditions or notifications errors should be directed to Party of We LLC by email to email@example.com, or by mail to F.D.R. Station P.O. Box 1011, New York, NY 10150.
© Party of We LLC 2012 . A Limited Liability Corporation formed in the State of New Jersey.