Terms of ServiceIntelligence, Inc. ("Party Blast") provides vendors an environment to showcase their services to the world via the internet. However, before you enter the Party Blast site (the "Site") or use any of the Party Blast services, it is important that you carefully review the Terms of Service set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version on our site. We suggest that you periodically check this page to make sure you are up to date. By visiting the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Party Blast that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site, use the Service, or proceed to create an account. Qualification for Vendor Listing: You may become listed on Party Blast as a vendor (the "Vendor") if you are at least 18 years of age and you submit certain requested information to Party Blast, including (but not limited to) your exact name, mailing address, phone number(s), and correct email address. In addition, by becoming a Vendor, you agree to provide Party Blast with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests). As long as your account is active in the Party Blast database, Party Blast will offer no less than one free listing per service for a period of 1 (one) year from each creation and/or renewal period.Site Content: We are committed to ensuring that our website remains a fun and safe place to showcase your services online. To this end, we require that every user of Party Blast, whether or not such user is a Vendor, agrees not to use the site for inappropriate content:
Party Blast has the sole discretion to determine whether content is prohibited, and any content submitted to the Service may be subject to examination from time to time. You acknowledge that although Party Blast does not always examine and review all content submitted or transmitted to the Service, Party Blast has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice. Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all content (whether private or public) that is posted and stored in our database directory is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that Party Blast in no way guarantees the accuracy, quality or appropriateness of content available on the Site. In no event shall Party Blast (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the Service, including (without limitation) errors or omissions in such content, and loss or damages incurred as a result of use of such content. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the site, unless you have a formal written agreement via legal representation. 3rd Party Software: As a convenience to our Vendors, we may make 3rd party software available through the site. To use the 3rd party software, you must agree to the terms and conditions imposed by the 3rd party provider and the agreement to use such software will be solely between you and the 3rd party provider. By using any 3rd party software, you acknowledge and agree that Party Blast does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Party Blast makes no representations or warranties concerning the performance, effectiveness or any other aspect of any 3rd party software downloaded through the Service. In no event shall Party Blast (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any 3rd party software downloaded through the Service. Privacy Policy: We respect your privacy and have taken specific steps to protect it. Please review our Privacy Policy which is included in these Terms. Copyright: When you join our directory, you become a participant in an online community of people who are displaying information regarding their services. In order for us to make your listing available to all visitors, we need the rights to make use of all content on the Service (in accordance with and subject to these Terms, of course). Accordingly, as a condition to your Service, you hereby grant Party Blast a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all content that you submit to the Service, and as a condition to using the Service, you represent and warrant to Party Blast that you are the owner of the content you submit to the Service or that you have written permission from the owner to submit such content. All the information, content, image files (logos & banners), and materials offered by our site are protected by U.S. and international copyright laws and by other applicable laws. You understand that Party Blast is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Party Blast has the absolute right to terminate your listing or exclude you from the Site if you use our Service to violate the intellectual property rights of 3rd parties. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, contact a patent and trademark attorney. Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Party Blast, (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY 3RD PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT. Disclaimer: TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Party Blast EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Party Blast MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. Party Blast MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH Party Blast'S SITE OR THAT ARE ADVERTISED ON Party Blast'S SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Limitation Of Liability: ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, Party Blast WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY 3RD PARTIES; (iv) 3RD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN THE EVENT THAT Party Blast IS FOUND LIABLE FOR DAMAGES NOT COVERED IN THESE TERMS, Party Blast'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR Party Blast TO REFUND A PRO-RATA AMOUNT OF THE PURCHASE PRICE OF ANY SUCH PURCHASES. Termination: You agree and acknowledge that Party Blast, in its sole discretion, may terminate your listing (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, image files or any other content within the Site, at any time, without notice, for any reason, including but not limited to:
Further, you agree that Party Blast shall not be liable to you or any 3rd party for any termination of your access to the Service. Choice of Law: The state and federal courts of Illinois shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Illinois. Modification of Terms: You agree that Party Blast reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Entire Agreement: These Terms constitute the entire agreement between you and Party Blast and govern your use of the Service, superseding any prior agreements between you and Party Blast. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use affiliate services, 3rd party content, or 3rd party software. The failure of Party Blast to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Reporting Violations: You can report abuse of these Terms by contacting us. How to Contact Us About Copyright Infringement Claims: Party Blast is not responsible for the content posted by others on this site, but will take appropriate steps to protect the intellectual property rights of 3rd parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows. If you believe your copyright or the copyright of another has been infringed on the Service, please provide Party Blast's Copyright Agent with a written notice containing the following information:
Claims of infringement by the Service should be addressed to Party Blast using any of the methods listed on the Contact Us page. |
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