Terms of Service
Welcome to www.houseparty.com (the “Website”), operated by House Party, Inc., a Delaware corporation with offices at One Bridge Street, Suite 105, Irvington, NY 10533 (“House Party”, “we”, “our”, or “us”). These Terms of Service (the “Agreement’”) govern your use of the Website. The Website enables anonymous visitors to the Website ("Visitors") to browse our event management platform and Visitors who meet the requirements set forth in this Agreement and who affirmatively indicate their agreement to abide by this Agreement by their registration on our Website ("Registrants", and collectively with Visitors, “you” or “your”).
Please read this Agreement carefully before accessing the Website. By accessing the Website, you agree to be bound by the terms and conditions set forth in this Agreement and all applicable laws. If you do not wish to be bound by this Agreement, you are not authorized to use this Website.
House Party reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Modified” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer of the Website’s homepage.
1. Registrants.
1.1 Capacity. Visitors who are at least fourteen (14) years of age may become Registrants by affirmatively accepting this Agreement when they register on the Website. By registering on the Website, you acknowledge that you are at least fourteen (14) years of age and you have read, accept and agree to be bound by the terms and conditions set forth in this Agreement. Visitors who are under the age of eighteen (18) must provide the consent of a parent or guardian before they may be considered as a potential host for a party featured on the Website (“Party”).
1.2 Accurate Information. When you register on our Website, you will be required to provide certain personal information to us. You agree to (i) provide true, accurate, current and complete information about yourself as prompted in the applicable page, and (ii) maintain and promptly update your information by logging in to your Registrant account (“Account”) on our Website to keep your information true, accurate, current and complete.
1.3 Registrant Profile; Password. Registrants will receive a screen name and password (“Registrant Profile”) to access their Account. Registrants agree not to allow any third party to use their Registrant Profile to access the Website, and further agree to safeguard their Registrant Profile information at all times. Each Registrant will be held fully responsible for all activities that occur under his or her Account by anyone else, whether or not authorized by that Registrant. Registrants agree to notify House Party immediately of any unauthorized use of their Registrant Profile, Account or the Website. Registrants and Visitors agree that House Party shall not be liable for any loss that results from the unauthorized use of a Registrant’s Registrant Profile or Account, either with or without such Registrant’s knowledge. No part of a Registrant Profile or Account may be transferred or sold to another party.
1.4 Revocation of Registration. Registrants agree that House Party has the right to cancel their registration for any reason at any time, in our sole discretion. The revocation of a Registrant’s registration will result in the termination of Registrant’s Account and the loss of access to portions of the Website accessible by Registrants, and Registrants agree that House Party shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
2. Registrant Content.
2.1 Content. House Party offers Registrants the opportunity to post Content (as hereinafter defined) to the Website in connection with certain interactive features on the Website (“Registrant Content”). You acknowledge and agree that (i) House Party has no obligation to use or respond to Registrant Content posted to the Website; (ii) the provision of Registrant Content by Registrants in no way imposes any other obligation on House Party, whether of confidentiality, attribution, or otherwise, and House Party shall not be liable for any use or disclosure of any Registrant Content contained therein; (iii) Registrants hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any composite form of your image/likeness, arising out of the posting of your photograph or other image to the Website, (iv) no fees, royalties or any other monies (“Royalties”) will be owed to any person by reason of any Registrant Content posted to the Website, and if any Royalties are owed, Registrant will pay all such Royalties, and (v) Registrant Content submitted to the Website may be subject to size and usage limitations, and Registrants are responsible for adhering to such limitations. “Content” means text, comments, icons, messages, photographs, images, music, video and other content appearing on the Website.
2.2 Restrictions. Registrants agree not to post or otherwise submit to the Website, or to include in any invitations to or announcements regarding any Party, any Registrant Content that:
(a) contains any visible logos, drawings, cartoons, photographs, pictures, phrases or Trademarks (as defined in Section 3.2 below) or other third party materials other than any of the foregoing as featured on materials provided by the sponsor of any Party at which any photographs or video were taken;
(b) has been previously published (including without limitation by posting online);
(c) was not created by the Registrant;
(d) features the image, name, or likeness of any individual from whom the Registrant has not obtained consent to obtain and post on the Website, or features any minor without the permission of such minor’s parent or guardian;
(e) is fraudulent;
(f) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(g) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way;
(h) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work;
(i) is patently offensive to the Website community or to us, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(j) harasses or harms, or advocates the harassment or harming of another person;
(k) involves the transmission of "junk mail," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, constitutes unsolicited mass mailing or "spamming" (or otherwise violates the federal CAN-SPAM law or any state spam laws);
(l) solicits personally identifiable information from third parties;
(l) contains any unsolicited or unauthorized advertising, promotional materials, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
(m) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(n) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(o) displays pornographic or sexually explicit material of any kind;
(p) is likely to violate (in whole or part) the acceptable use policies of our ISPs or other suppliers;
(q) links to materials or other content, directly or indirectly, to which the Registrant posting such material does not have a right to link or which competes in any manner with the Website or House Party;
(r) encourages others to violate this Agreement; or
(s) violates any applicable local, state, national, or international law.
2.3 Quality and Review of Content. You acknowledge and agree that House Party does not and shall not have any obligation to review Registrant Content, and therefore we do not guarantee the accuracy, integrity or quality of Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Website. However, you acknowledge and agree that we have the absolute right to monitor all Registrant Content in our sole discretion. In addition, you acknowledge and agree that we reserve the right to alter, edit or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Registrants, Visitors or service providers. You agree that you shall immediately notify House Party in writing of any objectionable Content appearing on the Website.
2.4 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with House Party.
2.5 Grant of License to Registrant Content. By posting Registrant Content to the Website or by otherwise submitting Registrant Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to House Party, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registrant Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. House Party and its sublicensees shall not be limited in any way in either of their use, commercial or otherwise, of any such Registrant Content, and Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, House Party and its sublicensees have the explicit right to incorporate any Registrant Content posted to the Website or otherwise conveyed by any Registrant to House Party into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.
2.6 Removal Requests. If you would like us to remove any Registrant Content from our Website for any reason, please notify us at copyright@houseparty.com. While we do not have any obligation to remove Registrant Content merely because of a removal request, House Party will review all such requests and will remove Registrant Content that we determine should be removed, in our sole discretion. If you are requesting removal of Registrant Content due to a violation of your intellectual property rights, please follow the procedure in Section 3.3 below.
3. Intellectual Property.
3.1 Copyright. Except for Registrant Content, any Content appearing on the Website is the property of House Party or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any such Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
3.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of House Party or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits House Party.
3.3 Copyright Agent. 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 and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website (including URL, title and/or item number if applicable, or other identifying characteristics); your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright 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 House Party actual knowledge of facts or circumstances from which infringing material or acts are evident. House Party's copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: C. Collier
Address: House Party, One Bridge Street, Suite 105, Irvington, NY 10533
Telephone: 914-591-4550
Fax: 703-439-2475
Email: copyright@houseparty.com
4. Links. House Party and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that House Party shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
5. DISCLAIMER OF WARRANTIES.
5.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. HOUSE PARTY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. HOUSE PARTY DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THE WEBSITE BY REGISTRANTS AND REGISTRANT CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF HOUSE PARTY.
5.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HOUSE PARTY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. HOUSE PARTY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
5.3 HOUSE PARTY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ANY CONTENT FEATURED ON THE WEBSITE, WHICH ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED, ANY PARTY SPONSORS, OR THE RESULTS YOU MAY OBTAIN FROM HOSTING ANY PARTY. WE DO NOT WARRANT THAT THE WEBSITE, OUR SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
6. LIMITATION OF LIABILITY.
6.1 To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the WEBSite or any website with which it is linked, OR ANY PARTY YOU MAY HOST OR ATTEND. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Service may not apply to you.
7. Representations and Warranties. Registrants represent and warrant that (i) they will abide by the terms of this Agreement and all applicable laws, (ii) the posting of Registrant Content by them does not violate any restrictions in this Agreement or otherwise to which such Registrant is bound, (iii) Registrant Content submitted by them is accurate and does not and shall not infringe the copyright, trademark, patent or other intellectual property law of any third party or defame or invade the publicity rights or the privacy of any person, living or deceased, and (iv) the submission of Registrant Content does not violate the terms of this Agreement or any applicable laws or regulations. Visitors represent and warrant that they will abide by the terms of this Agreement.
8. Indemnification. You agree to indemnify, defend and hold House Party harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your actions on or in relation to the Website or any Party, or your violation of any law or the rights of a third party. You agree that under no circumstances will House Party be liable in any way for the accuracy, reliability, or quality of any Registrant Content, and that each Registrant shall hold House Party harmless for (i) any errors or omissions in Registrant Content posted by such Registrant, or (ii) any loss or damage of any kind incurred as a result of the use of Registrant Content posted by such Registrant.
9. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific products, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that House Party shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
10. Commercial Use. You acknowledge and agree that the Website is for the personal use of Registrants and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
11. Privacy. House Party is committed to safeguarding your privacy. Our Privacy Policy (which can be found at http://houseparty.com/privacy) describes the information we collect when you and others use this Website, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of this Agreement. By entering into this Agreement, you are also consenting to our use of your personal information in accordance with our Privacy Policy.
12. Termination. House Party reserves the right, in its sole discretion, with or without cause, to terminate at any time: a Registrant’s or Visitor’s access to or use of the Website, or ability to transmit Content to the Website; or (ii) a Registrant’s ability to host a Party.
13. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website (or any portion thereof), or any Party, event, or promotion featured on the Website, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.
14. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website. These Additional Terms will be posted on or linked from the relevant portions of our Website or the portions of our Website that describe the specific promotions or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions or activities.
15. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and House Party by this Agreement.
16. Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533, Attention: C. Collier, and to a Registrant at the address listed in such Registrant’s Profile. Notice shall be deemed given seven (7) days after the date of the mailing.
17. Governing Law; Venue. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
18. General. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. You agree that this Agreement may be assigned by House Party, in its sole discretion, to a third party without notice to you. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement (including our Privacy Policy and Additional Terms which are incorporated herein) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. Access to, or use of, the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
19. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at help@houseparty.com or write to us at House Party, Inc., One Bridge Street, Suite 105, Irvington, NY 10533.
Last Modified: November 7, 2008
