PartyFetch, LLC Terms of Use - Applies to all Sites Owned and Operated By PartyFetch, LLC

Welcome to one of our websites. The following are the rules ("Terms") that govern use of all sites owned by PartyFetch, LLC ("Site"). By using or visiting the Site, you expressly agree to be legally bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. PartyFetch, LLC ("PartyFetch") reserves the right to change these Terms at any time, effective immediately upon posting on the Site. You agree that if, at any time, you do not agree to or cannot comply with these Terms, then your only remedy is to stop using our services. We reserve all rights not expressly granted to you by these Terms. References in these Terms to "we," "us," and "our" means PartyFetch and its affiliates, employees, contractors, and representatives. References in this policy to "you" or "your" means the end user of our Sites and the services offered through our Sites.

Permitted Use

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by PartyFetch.

Contact Us

If you see objectionable content or have any questions about these Terms of Use, please contact PartyFetch at legal@partyfetch.com.

Use Void Where Prohibited

Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

Registering with PartyFetch and Privacy Policy

In order to take advantage of certain features on the Site, you may be required to submit certain personal information to create a valid account (which these Terms refers to as "Account"). For example, you may be required to register with PartyFetch if you want to sign up for a giveaway, submit a tip, or receive newsletters with coupons and local birthday event information from PartyFetch.

If creation of an Account is required, you may be required to provide us with certain information ("Registration Data"). If so required, you promise to (i) provide to us accurate, current, and complete Registration Data, and (ii) diligently maintain and promptly update the Registration Data to keep it accurate, current, and complete. You agree and acknowledge that if you provide any information that is either (a) inaccurate, not current, or incomplete, or (b) we have reasonable grounds to believe is inaccurate, not current, or incomplete, then we can suspend or terminate your Account and refuse you any and all current or future use of our services. Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into these Terms by reference.

You promise to maintain the confidentiality of your password and the security of your Account. You agree and acknowledge that you are solely responsible for maintaining the confidentiality of your password and the security of your Account, and you are fully responsible for all activities that occur under the Account and any actions taken in connection with the Account. You promise to immediately notify us of any unauthorized use of the Account, and any other breach of security for your, or another user's, Account. You agree and acknowledge that we cannot be, will not be, and are not liable for any loss or damage resulting from (i) a failure to comply with this security obligation, or (ii) any acts or omissions by you or anyone accessing your Account, including any damages of any kind incurred as a result of such acts or omissions.

In addition to any other remedy available to us, whether at law or under these Terms, you agree that we may, for good cause and without prior notice, immediately suspend or terminate your Account and your access to our services. "Good cause" includes, without limitation, (i) breaches or violations of these Terms, (ii) requests by law enforcement or other government agencies, (iii) request by you, (iv) discontinuance or material modification to our services, or (v) unexpected technical issues or problems. Termination of your Account includes (a) removing of your access to our services, (b) deleting all related information, files, and content associated with your Account, and (c) barring your further use of our services. You agree that we, in our sole discretion, determine what constitutes good cause, and that we are not and will not be liable to you or any third-party for any termination of your account or access to our services.

Payment for Services

You agree and acknowledge that to enter into a transaction requiring payment for use of our services, you must agree to be bound by the terms of applicable transaction agreements. You also promise to perform according to any such transaction agreements. These Terms incorporate by reference the terms and conditions of any such transaction agreements.

Links and Search Results

The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. PartyFetch has no control over these sites or the content within them. PartyFetch cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. PartyFetch does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against PartyFetch for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify PartyFetch at legal@partyfetch.com, and PartyFetch will investigate your claim and take any actions PartyFetch deems appropriate at our sole discretion.

Business listings located on PartyFetch are subscription-based listings. Subscribers pay a monthly fee to be a part of the site. They are selected for display in search results based primarily on their content in relation to the user-provided search terms. They are further organized by the type of account they have purchased from PartyFetch.

PartyFetch listings may be rotated within the search results due to a number of other factors, none of which are determined by paid inclusion or paid placement.

Acceptable Use Policy

We do not actively monitor, censor, directly control, or exercise any editorial control whatsoever over any content that is uploaded, downloaded, stored, transmitted, or otherwise made available through our services, except for our proprietary content. We do not exercise any control whatsoever over any use of our services, except as expressly provided in these Terms. You agree and acknowledge that all content is the sole responsibility of the person who uploads, downloads, stores, transmits, or otherwise makes available such content.

You agree and acknowledge that we reserve and have the right, at our sole discretion, to delete any information that may be illegal, subjects us to liability, or violates these Terms or any other agreement made pursuant to the use of our services. You agree and acknowledge that your violation of this section, specifically, or these Terms, generally, may result, in addition to any other available remedy, in us terminating your Account and access to our services. In addition to any remedy provided hereunder, we expressly reserve our rights under the law to take any other lawful action we deem necessary.

You promise and agree you will be solely liable for your use of our services and any liability for any information that you upload, download, store, transmit, or otherwise make available through use of our services. You agree to use your best efforts to ensure the security and integrity of your network or systems used to access our services.

You agree and acknowledge that the following uses of our services are expressly prohibited, and you promise not to use our services to:

• Upload, post, store, transmit, or otherwise make available any content that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations;

• Upload, post, store, transmit, or otherwise make available, intentionally or otherwise, any harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information;

• Impersonate any person or entity, including, but not limited to, one of our employees or our other representatives, or misrepresent your affiliation with us or any other person or entity;

• Forge any TCP/IP, or other protocol, packet header, e-mail header, any part of any message header, or otherwise manipulate identifiers in order to disguise the origin of any content provided to or transmitted through our services;

• Access or attempt to access (or otherwise compromise) the accounts of others, or to penetrate or attempt to penetrate (or otherwise compromise) the security of our or another entity's computer hardware or software, electronic communications system, or telecommunications system, whether or not the intrusion results in, or would result in, the corruption or loss of data;

• Upload, post, store, transmit, or otherwise make available any content that you do not have a right to copy, upload, post, store, transmit, or otherwise make available under any law or under contractual or fiduciary relationships (including, without limitation, proprietary and confidential content);

• Infringe any intellectual property rights or other proprietary rights including, without limitation, information protected by copyright, trademark, patent, trade secret, right of publicity, or other proprietary rights of any third party;

• Collect, or attempt to collect, personal information about third parties without the third party's knowledge or consent;

• Upload, post, store, transmit, or otherwise make available any unsolicited commercial email or "spam," which includes unethical marketing, advertising, or any other practice, such as (i) sending mass email to recipients who have not requested email from you or with a fake return address, or (ii) promoting a site with inappropriate links, titles, descriptions. You agree and acknowledge that we, in our sole discretion, will determine what constitutes an "unethical marketing, advertising, or any other practice;"

• "Stalk" or otherwise harass another person or entity;

• Resell our services without our consent; and

• Engage in any activity that adversely affects the ability of other people or systems to use our services, including, without limitation, any interference with or disruption of other users, whether or not intentional, with such activities including interfering with or disrupting our services or servers or networks connected to our services, and disobeying any requirements, procedures, policies, or regulations of networks connected to our services.

You agree and authorize us to access, use, and disclose information regarding your use of our services, including, without limitation, your Registration Data, to: (i) comply with the law; (ii) enforce or perform any user agreements to which we are a party; (iii) initiate, render, bill, and collect for our services and any other service; (iv) protect the property or personal safety of us and our employees, ours users, and the public; or (v) protect our users from fraudulent, abusive, or unlawful use of our services.

You agree and acknowledge we may preserve content and may also disclose content if it is required to do so by law, or we have a good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with the law; (ii) enforce or perform any user agreements to which we are a party; (iii) initiate, render, bill, and collect for the Services and any other service; (iv) protect the property or personal safety of us and our employees, our users, and the public; or (v) protect our users from fraudulent, abusive, or unlawful use of the Services.

You agree and acknowledge that you, and not us, are solely responsible for all content that you upload, download, post, store, transmit, or otherwise make available. You understand that by using our services, you may be exposed to content that is offensive, indecent, or objectionable. You agree and acknowledge under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded, downloaded, posted, stored, transmitted, or otherwise made available. You agree and acknowledge you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You promise you will not rely on any content created by us or uploaded, downloaded, posted, stored, transmitted, or otherwise made available to us.

Offline Conduct

Although we cannot monitor the conduct of our users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Site without the prior expressed written permission of PartyFetch.

Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Children

This Site is a birthday-oriented site designed to help adult parents, and is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before entering giveaways, submitting tips, or signing up for any sort of service offered by the Site.

Additional Software

With respect to any additional software that may be made available by us in connection with our services, if you elect to download or execute such software, you agree and acknowledge that you may have to agree to additional terms and conditions before you use such software, and that those terms and conditions are incorporated in these Terms by reference.

Submitted Content

We do not claim ownership of the content you upload, download, post, store, transmit, or otherwise make available using our services. By using our services, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content for the purposes of providing our services. This license exists only as long as necessary to provide our services.

Modifications to the Services

We reserve the right at any time to modify or discontinue, whether temporarily or permanently, our services or any part thereof with or without notice. You agree we are not liable to you or to any third party for any modification, suspension, or discontinuance of our services.

Our Proprietary Rights

You agree and acknowledge that our services and any necessary software used in connection with our services contain proprietary and confidential information protected by applicable intellectual property and other laws. You further agree and acknowledge content presented to you through our services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by us, you promise not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our services or our proprietary content.

Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to PartyFetch for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS-AVAILABLE" BASIS. THE SITE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. THE SITE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, BE UNINTERRUPTED, TIMELY, OR SECURE, OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

THE SITE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE THE SITE, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

No advice or information, whether oral or written, obtained through or from our services creates any warranty not expressly stated in these Terms.

PartyFetch is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.

Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to PartyFetch at legal@partyfetch.com. PartyFetch may investigate the claim and take appropriate action, at its sole discretion.

Third Parties

With respect to any agreement between you and any third party, you agree and acknowledge that we do not intend to interfere with any contractual agreement between you and a third party, and you promise to perform fully your obligations under any such contract. You agree and acknowledge that it is your sole responsibility to perform such obligations. You promise not to use our services if such use would breach any term, material or otherwise, of any such agreement.

Your correspondence or business dealings with, or participation in promotions of, any third party found on or through our services, including, without limitation, payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree and acknowledge that we are not, and will not be, responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you promise to indemnify, defend, and hold us harmless from any liability asserted against us as a result of any such dealings.

Disputes

If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of Texas. You agree to personal jurisdiction by and venue in the state and federal courts located in Dallas County, Texas.

Indemnity

You agree to indemnify and hold PartyFetch, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of or connection to our services, your violation of these Terms, your use of any content you acquire through use of our services, your violation of any rights of another, or your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.

Incorporation by Reference and Entire Agreement

These Terms incorporate by reference any other agreement with respect to use of our services between you and us to which (i) you have already agreed or (ii) we require you agree, whether or not such agreement is expressly incorporated elsewhere in these Terms. You agree and acknowledge that these Terms and the incorporated agreements constitute the entire agreement between you and us with respect to our services, and supersede any previous agreements, written or otherwise, between you and us.

General

You agree we may provide notices to you via either email or regular mail. We may also provide notices of changes to these Terms, any incorporated agreement, or any other matter by generally displaying notices or links to notices to you on our services. We respect the intellectual property and proprietary rights of others and insist you do the same. You promise not to use our services if you cannot, or will not, respect the intellectual property and proprietary rights of others.

You agree and acknowledge our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

You agree and acknowledge you also may be subject to additional terms and conditions that may apply when you use our services, affiliate services, third-party content, or third-party software. You and we agree if any provision of these Terms or incorporated documents is found to be invalid by a court or other tribunal of competent jurisdiction, then (i) the other provisions of these Terms remain in full force and effect and (ii) the court or other tribunal construing these Terms should, to the fullest extent of the law, give effect to the parties' intentions as reflected in the provision.

You agree and acknowledge regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services or these Terms must be filed within one year after such claim or cause of action arose or be forever waived and barred.

The section titles in these Terms are for convenience only and have no legal or contractual effect.