Partydip Terms of Use

These Sites partydip.co and partydip.pro ("Sites") are owned and operated by Partydip Inc. (“Partydip”) with participation from a variety of vendors offering and advertising goods and services via the Sites. A current copy of the terms of use ("Terms of Use”) will be available upon request from legal@partydip.co and also available on our websites partydip.pro and partydip.co.

YOUR ACCEPTANCE OF THE TERMS

These Terms of Use apply to your use of these Sites and any account you may establish on the Sites or directly with Partydip via email or other forms of communication. Your use of the Sites or any Partydip communication platform is conditioned upon your acceptance of these Terms of Use. Your continued use of these Sites or any Partydip communication platform constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use these Sites and cease all communication with Partydip. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time, and you agree to be bound by such modifications or revisions. It is your responsibility to check the Terms of Use periodically because any changes shall be binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms of Use.

Certain features or products available through the Sites may be subject to additional terms and conditions presented to you at the time that you use or purchase them. For example, any contests or other promotions (each a “Promotion,” and, collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with the Terms of Use, the Promotion rules shall apply.

These terms apply to all visitors and users of the Sites and any other Partydip communication platform, licensors, Vendors, and Vendors, but some provisions apply to each party differently.

Notice of class action waiver: please note that these terms of use include a mandatory arbitration provision, a release, and a class action waiver. Any dispute or claim related to these terms of use or arising out of your access to or use of these sites must be resolved by arbitration on an individual basis, and may not be arbitrated or otherwise pursued as a class action. Please see the section titled "Dispute resolution / class action waiver" below.

If you do not agree to these terms of use, you should not use our sites in any way and should cease communication with Partydip. The use of our sites and Partydip’s communication platforms is offered to you conditioned upon your acceptance without modification of these terms of use.

YOUR INFORMATION AND SITES CONTENT

You represent that all of the information and other materials you upload or otherwise provide through these Sites or to Partydip through any other means ("User Generated Content") are true, accurate, current and complete. You are responsible for contacting Partydip to update or correct the information you have provided, as necessary. Some features on these Sites require registration. By registering, you agree to provide true, accurate, current and complete information about yourself and your business.

The materials displayed or available on or through the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, videos, User Generated Content, downloads, interfaces, code and software, as well as the selection and arrangement thereof) ("Content") is the exclusive property of its owner (Partydip and/or its licensors and/or partners) and is protected by copyright, trademark and other applicable laws. Without Partydip’s or the owner’s written consent, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any purpose, including using Content on any other Sites.

OUR SERVICES & USERS OF THE SITES

Through our Sites we offer a marketplace for the children’s party industry and for other special occasions like baby showers. Our Sites are only available to business entities and individuals at least 18 years of age who can form legally binding contracts under applicable law.

Users of our Sites include individual users such as parents and party planners (collectively, “Clients”), and companies and other third parties offering venues, products, and services related to parties (collectively, “Vendors”) (all of the foregoing, including Clients and Vendors, are referred to collectively, herein as “Users”). Certain areas of the Sites may provide a place for Clients to interact with Vendors and book services or purchase products that a Vendor offers.

Vendors are not partydip employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of partydip. Partydip does not perform services or create goods and does not employ individuals to perform services or create goods. Users hereby acknowledge that partydip does not supervise, direct, control, or monitor a vendor’s work and expressly disclaims any responsibility and liability for the work performed and the vendor’s good and services in any manner, including but not limited to a warranty or condition of good and workmanlike services, warrant or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

All Users acknowledge and agree that: (i) Partydip does not and will not endorse any Vendor or any such Vendor’s products or services; (ii) Partydip is not responsible for assisting Vendors and other Users in reaching an agreement (which includes agreements between Vendors); (iii) Partydip is not responsible for assisting Vendors in providing goods and services to other Users; (iv) while all Users are required to give us accurate information about themselves, and Partydip makes its best efforts to verify this information, Partydip cannot and will not guarantee the accuracy of this information; (v) any agreement a Vendor enters into with another User is strictly between such Vendor and the other User.

As a Client, you acknowledge that while we use technology to help verify the identity of Vendors when they register on our Sites, we cannot and will not guarantee each Vendor’s identity, capabilities, and that it has obtained all required permits, licenses or consents, or that it complies with all applicable laws. We do not endorse any particolar Vendor nor do we guarantee the quality of their goods, services, or products. Partydip does not require proof of insurance or background checks for Vendors on the platform. You should use our Sites to help identifying potential Vendors that provide the products and services you need, then conduct your own research and ask the questions that you need answered to ensure the service providers you choose to do business are appropriate for you.
If you are agreeing to the Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms of Use and, in such event, “you” and “your” refer to that company or other entity.

As a Vendor you acknowledge that we will not endorse you or your products or services. We do not guarantee any advertising placement or other benefits. We are in no way responsible for assisting you in reaching an agreement with Clients. We are not responsible for assisting you in providing goods and services to Clients. Your membership to our Sites may not be transferred or sold to another party.

As a Vendor you must list the true and correct name of your business on the Sites. If there is a change to that business name, Vendors must promptly update the Sites and may need to provide additional documentation for proof of name change. Vendors who engage in the sale of goods and services must have a valid business operations license, as applicable. If you or your company experiences a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all content previously associated with such account.

Partydip may allow Vendor to list a profile on the Sites ("Vendor Profiles"). Vendor agrees and acknowledges that Vendor Profiles include User Generated Content. Vendors are responsible for providing accurate and current information in their Vendor Profiles. All Vendor User Generated Content must comply with the provisions of these Terms of Use. By posting User Generated Content each Vendor represents that the User Generated Content is subject to these Terms of Use, and grants perpetual licenses to Partydip for all User Generated Content.

If a Client indicates through the Sites or User Generated Content, that it has selected you as a Vendor, then your relationship with this User may be made publicly available or available to others.

Vendors are solely responsible for compliance with all applicable Regulations or other taxes and payments which may be applicable to their respective products or services. If you are a Vendor, you agree that you are solely responsible for your products and services and agree to indemnify, defend and hold harmless Partydip Inc. from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your products and services, including any violation of any regulations, or other taxes and payments which may be applicable to your products and services.

PRIVACY POLICY

We take privacy of Personal Information seriously and encourage the User to review our Privacy Policy for important disclosures. You understand that through your use of the Sites you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the processing and use by Partydip and its affiliates. When you interact directly with a Vendor through our Sites, you are subject to their Privacy Policy in connection with such interactions.

USE OF THE SITES

As a condition of your use of the Sites, you agree that:

You have reached the age of majority in the state or province in which User resides;
You are able to create a binding legal obligation;
You are not barred by law from receiving products or services available in the Sites;
You will not create an account in another person or entity’s name, create more than one account, use another person’s account, or impersonate another person or entity;
You will not harass, defame, stalk, abuse, intimidate, misrepresent, mislead, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of reputation, privacy, and confidentiality) of others, including other Users, Partydip and its team members;
You will not attempt to use the Sites with crawlers, web scraping robots, data mining, or extraction tools or any other functionality;
You will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activities or other activity that infringes on the rights of others;
Your use of the Sites will at all times comply with these Terms of Use;
You will not use the Sites for spamming or unsolicited communications;
You will not engage in tactics to encourage other users to bypass the Sites to avoid complying with our Terms of Use or to avoid paying and complying with contractual obligations;
You affirm that User’s purchases are legitimate and comply with the letter and spirit of the terms of the respective offers;
You have the obligation to provide any and all information you submit to the Sites, and all such information is accurate, true, current, and complete;
You will update and correct information you have submitted to the Sites, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account);
You will only purchase products or participate in other available programs through the Sites by creating an account, utilizing our Vendor communication tools, or using the guest checkout feature on the Sites, and any purchase will be subject to these Terms of Use;
Partydip retains the right, at its sole discretion, to deny service or use of the Sites or account to anyone, at any time, for any reason. You understand that there may be interruptions in service or events, Sites access or access to your account due to circumstances both within and outside of our control; and,
Partydip is not responsible for any data you lose as a result of a malfunction of the Sites or for any other reason or any consequential damages resulting from such data loss. You should always keep a back-up copy of all such information on your computer and in hard copy.

REGISTRATION WITH PARTYDIP

Registration with Partydip requires you to check a box that indicates that you agree to these Terms of Use and provide contact information and other identification details. You are responsible for maintaining the confidentiality of your account information and password, and you agree to accept responsibility for all activities that occur under your account and password. You will notify Partydip immediately of any unauthorized use of your Partydip account or the Sites known to you. We are not liable for any loss or damage arising from your failure to protect your password or account information. You may cancel your Partydip account at any time by contacting Partydip customer service at hello@partydip.co. Partydip may terminate your account and refuse any and all current or future use of the Sites or other services if Partydip deems appropriate and in its sole discretion.

CONTRACT BETWEEN MEMBER & VENDORS

You acknowledge and agree that a “Service Agreement” is formed when terms of an agreement are reached between a Client and Vendor. The terms of the Service Agreement include the terms set forth in this section, the engagement terms proposed and accepted on the Sites, and any other contractual terms accepted by both the Client and the Vendor to the extent that such terms do not conflict with the Terms of Use. You agree that Partydip is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or relationship between Partydip and the Vendor. Vendor’s role upon engagement of the Vendor’s services agreed upon in the Service Agreement is restricted solely to acting as a limited payment collection agent for the Third-Party Payment Processor (“Payment Processor”) and to facilitate payment on behalf of the Vendor through the Sites using the Payment Processor to accept payment for the services performed under the Service Agreement. In acting as the limited payment collection agent for each Vendor on the Sites, Partydip disclaims any other agency or authority to act on behalf of the Vendor, and assumes no liability or responsibility for any acts or omissions of the Vendor, either on or outside of the Sites.

Clients and Vendors agree to notify Partydip of any disputes at hello@partydip.co and prior to the negotiation of or filing of any claims and to negotiate any dispute informally via Partydip representatives for at least thirty (30) days before initiating any proceeding. Partydip reserves the right to suspend or terminate any account pending the resolution of any dispute.

PHYSICAL PRODUCT PURCHASES

If you purchase a physical product (party supplies) that requires shipment from Partydip or its Vendors via the Sites, the item will be shipped to the address you provided at checkout on the Sites. You are responsible for providing the correct shipping address, Partydip and its Vendors are by no means required to refund, return, re-ship, or replace products shipped to an incorrect address when the incorrect address was provided by the User.

Partydip may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. Partydip will not charge you or will refund the charges for orders that we do not process or that are cancelled.

Partydip accepts returns on certain merchandise on a case-by-case basis and abides by the returns and exchanges policies of its Vendors. Return policies for products that require shipment can be found on the Frequently Asked Questions (FAQs) page on the Sites. Requests for returns, exchanges, and general questions may be emailed to: hello@partydip.co.

Partydip strives to provide accurate descriptions of products and services on the Sites. Partydip does not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered on the Sites is not as described, your sole remedy is to return the item, as specified in these Terms of Use. You as the User of the Sites and purchaser of any product from the Partydip Sites is responsible for reviewing the packaging in detail, including any safety warnings or age recommendations, prior to use of the product.

Partydip attempts to provide accurate pricing information regarding the experience, products, and services available on the Sites. We cannot, however, insure against pricing errors. Partydip reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Sites as a result of an error. If this occurs, Partydip will notify you by email.

YOUR SUBMISSIONS

Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that any User, whether individual or entity (including Vendors), submits to us on the Sites, by email or otherwise, will be treated in accordance with these Terms of Use and our Privacy Policy.

For Vendors:

Submitting and/or posting User Generated Content to the Sites does not alter the ownership of the User Generated Content. User Generated Content you own continue to belong to you. By creating a Vendor account with Partydip you automatically grant Partydip a worldwide, royalty-free, non-exclusive and fully assignable and sublicensable right and license to use (reproduce, publish, distribute, modify, adapt, publish, edit, translate and link to) as User Generated Content any logos, photos, and other content owned by you and posted to your business website or posted by your business on social media platforms (including, but not limited to TikTok, Instagram, Facebook, Pinterest, and others). By submitting and/or posting User Generated Content to the Sites or through any communication with Partydip, you automatically grant Partydip a worldwide, royalty-free, non-exclusive and fully assignable and sublicensable right and license to use, reproduce, publish, distribute, modify, adapt, publish, edit, translate, distribute, perform, link to, create derivative work of, and display such User Generated Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. This license may be revoked with 60 days’ written notice to legal@partydip.co.

This license grants Partydip the ability to use your User Generated Content to create, promote, and advertise your Vendor listing on Partydip’s Vendor listing platform ("Vendor Listings") and Partydip’s brand and content platforms (including, but not limited to, its blog, mood boards, and social media platforms), as well as to provide other related products and services through the Sites. For the same purposes, Partydip may reproduce, modify, adapt, publish, edit, distribute, perform, link to, create derivative work of and publicly display such User Generated Content along with, or as a part of, other works in any form, media, or technology, whether now known or hereafter developed. Any User Generated Content you upload, email, transmit or post to Partydip via the Sites, social media platforms or any other communication method may be used by Partydip to promote any Partydip products or services, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

For All Other Users, Including But Not Limited to Parents and their children:

By submitting and/or posting User Generated Content to the Sites, you automatically grant to Partydip a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of, and display such User Generated Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any User Generated Content you transmit or post may be used by Partydip or licensed to others by Partydip for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

As a User, you are responsible for your own User Generated Content and are responsible for the consequences of your posting such User Generated Content. You acknowledge that you are responsible for any User Generated Content you may submit through the Sites, including the legality, reliability, appropriateness, originality and copyright of any such User Generated Content. You may not upload to, distribute or otherwise publish through these Sites any User Submission that: (i) is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) is obscene, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; (iii) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party, or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws; (iv) may contain software viruses or malware; (v) is an advertisement, solicitation, promotional material, "junk mail," "spam," chain letters, pyramid schemes or any form of commercial content; (vi) impersonates another person or misrepresents your affiliation with any person or organization; (vii) contains personal information (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses, or employer references), except where we expressly ask you to provide such information; (viii) contains messages that offer unauthorized downloads of any copyrighted, confidential, or private information; or (ix) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Sites to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Sites to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases, or group aliases. Furthermore, you will not access the Sites to obtain a list of users of the Sites or access or use any secure or non-public areas of the Sites without authorization or frame or link to the Sites. Partydip does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You acknowledge that any reliance on material posted by other users will be at your own risk. Partydip does not screen communications in advance and is not responsible for screening or monitoring material posted by users. Partydip reserves the right to remove Content, expel users and prevent their further access to the Sites for violating these Terms of Use or the applicable Regulations.

We always want to receive messages and feedback from our Users and welcome any comments regarding the Sites. Any ideas, suggestions, comments or proposals you send to us are entirely voluntary and we will be free to use such Content as we see fit and without any obligation or compensation to you.

NON-DISCRIMINATION POLICY

Partydip prohibits discrimination by Vendors or licensors against users, guests, visitors, or any other party ("Protected Class") on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law ("Protected Characteristic"). Such discrimination includes, but is not limited to, doing any of the following: refusing to provide goods or services to, or accept goods or services from, a member of any Protected Class on the basis of a Protected Characteristic; submitting discriminatory content on the Sites; imposing any different terms or conditions upon a member of any Protected Class on the basis of a Protected Characteristic; or any other conduct that improperly takes into account any Protected Characteristic. Partydip will take steps, in its sole discretion, to enforce this policy, up to and including the suspension or removal from the Sites of anyone who violates this policy. In addition, Vendors should make every effort to be welcoming to families of all backgrounds. Vendors who, in Partydip’s belief, demonstrate a pattern of refusing to provide goods or services to families who are members of a protected class (even while articulating legitimate reasons) undermine the strength of our community and may be suspended or removed in Partydip’s sole discretion. If you experience discrimination from any User, guest, Vendor, Partydip employee, licensor, visitor, or User of the Sites, please contact us with the subject "Non-Discrimination Policy", so we can investigate and take appropriate measures immediately.

LINKS

This Sites provides links to access to other internet sites maintained by other parties. Partydip does not control these sites, and User accesses them solely at User’s own risk. Partydip also does not endorse or approve any products or information offered at sites User reaches through these Sites. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource. Check the Uniform Resource Locator (URL) address provided in User’s Internet browser to determine if User is still on the Partydip Sites or has moved to another site.

ELECTRONIC COMMUNICATION

When User uses the Sites or send emails to Partydip, User is communicating with us electronically and consents to receive electronic communications related to User’s use of the Sites. We will communicate with User by email or by posting notices on the Sites. User agrees that all agreements, notices, disclosures, and other communications that are provided to User electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to User and effective when posted on the Sites.

FEES & PAYMENT

There are no minimum fees for Users to join our Sites. Clients and Vendors will be required to provide their payment method details to the Payment Processor. The Client shall pay the Vendor for the services agreed upon in the Service Agreement through the Payment Processor on the Sites at the rates agreed to by the Client and Vendor in the Service Agreement for the deposit and final balance.

Vendors are required to pay applicable fees, which may change from time to time subject only to your right to terminate in accordance with our Terms of Use. The Partydip fee schedule is here:

Our Fees

We are here to support and grow your business while saving parents time and stress. To maintain and grow the Partydip platform as well as to offer secure transactions, we earn a small commission of 12.5% from our Vendors for every booking on our platform. The commission breaks down like this:

9.5% is collected to support the Partydip platform
3% is collected to cover the costs of Stripe, our secure third-party payment processor

Booking Deposit

As a Vendor, you decide how much of a deposit you require from a Client at the time of booking and your cancellation policy.

You may charge up to a maximum of 50% of the total amount of the booking as a deposit. Partydip will charge the Client for the deposit at the time of booking
- Partydip will then hold the deposit in escrow until 14 days prior to the date of the event at which point we will release the funds less our commission fees to be transferred to your payment account.
You can determine how strict or flexible you’d like to be with your cancellation policy and at how many days prior to the event that the Client’s deposit is non-refundable. All deposits become non-refundable 15 days prior to the event.

Final Payments

The Client will make the final payment for the remaining balance due for the booking 7 days prior to the event date. If a booking is made less than 7 days prior to the event date, the deposit and final payment will be collected upon booking.
Unless the Client has notified Partydip that they are raising a dispute with you, we will release the final payment 24 hours after the event date for deposit in your account.

All fees due from you to us hereunder, including to the extent applicable, transaction-based service fees, credit card fees, one-time fees, and the like, are referred to herein as “Partydip Fees.” All financial information addressed within the Sites (including Partydip Fees, fees on Service Agreements, deposits, and/or any other various pricing information) is given in terms of US dollars.

Each Vendor hereby appoints Partydip Inc. as its agent for receipt of deposit, balance, or other payments that Partydip permits to be made through the Sites’ Payment Processor (each a “Payment”). Where a Client wishes to retain a Vendor for services (each a “Purchaser”) wishes to make a Payment to a Vendor through the Payment Processor, Partydip may, but is not required to, accept such Payment in its capacity as agent of the Vendor. As of the instant when Partydip is in receipt of any Payment, the Vendor for whom the Payment was received hereby releases the Purchaser from any liability in respect of the Payment regardless of when or if Partydip settles the Payment amount to Vendor. Purchaser shall be a third-party beneficiary of such release by Vendor hereunder. Following receipt of Payments for Vendors, Partydip shall settle the amounts thereof to Vendors less all Partydip Fees disclosed on the Sites and less any chargebacks, reversals, or returns by Purchaser. Partydip reserves the right to return any Payment to a Purchaser for any reason or for no reason. Partydip reserves the right to provide Purchaser with a receipt in the name of the Vendor for each Payment which receipt Vendor shall honor.

BOOKING CANCELLATION POLICIES

Vendor Cancellation

In the unlikely event of a Vendor cancellation, rest assured that as a Client you will be refunded for any payments collected by Partydip on behalf of the Vendor. Partydip will also be happy to help you to find a suitable replacement for your event.

In order for the Vendor to avoid penalty, the Vendor must notify Partydip no later than 15 days prior to the event date. For any booking made less than 15 days prior to the event date, the Vendor must notify Partydip of cancellation within 24 hours of booking the event. If the Vendor notifies Partydip of the cancellation in the required time frame, the Client that booked the event will not be allowed to post a review.

Vendors that fail to notify Partydip in the required time frame may be suspended or terminated from the platform, and the Client will be allowed to post a review. Further, Vendors must forfeit and repay to Partydip any monies paid out by Partydip within 72 hours of cancellation.

Client Cancellation

We understand that plans change, and we ask you to please notify us as far in advance of the date as possible.

When you make a booking on the Partydip platform, you will be made aware of the Vendor’s cancellation policy that includes their policy on refunds. If you cancel a booking, you will forfeit any non-refundable payments collected by Partydip on behalf of the Vendor prior to the cancellation date.

If you cancel, you will not be allowed to post a review.

TERMINATION

You agree that Partydip may terminate your use of these Sites if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, violated the rights of Partydip or any third party, or for any reason with or without notice to you. You agree that Partydip may modify or discontinue these Sites, with or without notice to you. You agree that Partydip will not be liable to you or any third party as a result of such modification or discontinuation. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use. All licenses granted to Partydip will survive termination of the granting User’s account or permission to access the Sites.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Partydip, its officers, directors, employees, agents, licensors and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these Terms of Use or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Sites using your Internet account.

You are solely responsible for your interactions with Vendors and other Users of the Sites. To the extent permitted under applicable laws, you hereby release Partydip from any and all claims or liability related to any product or service of a Vendor, regardless of whether such product or service was purchased or discovered through the Sites, any action or inaction by a Vendor, including, without limitation, but not limited to any harm caused to User by action or inaction of a Vendor, a Vendor’s failure to comply with applicable law, and any conduct, speech or User Generated Content, whether online or offline, of any other third-party.

TRADEMARKS

The Sites contain copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Sites are protected by copyright, trademark, and other intellectual property laws of the United States. Partydip owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Partydip or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, User will make independent attribution and make no changes in or deletion of any author attribution, trademark legend, or copyright notice. User acknowledges that User does not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and criminal penalties.

Other marks on the Sites not owned by Partydip may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Partydip unless otherwise stated, or may be the property of their respective owners. User may not use Partydip’s name, logos, trademarks, or brands, or the trademarks or brands of others on the Sites without Partydip’s express permission.

NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENTS

Partydip respects the intellectual property rights of others. Accordingly, if you are a copyright owner or an authorized agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Partydip to locate the material; (iv) information reasonably sufficient to permit Partydip to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Partydip’s designated Copyright Agent to receive notifications of claimed infringement is legal@partydip.co or by mail at Partydip Inc., 1310 Westloop Place, Suite 246, Manhattan, Kansas 66502. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please provide Partydip with a separate notice each time you wish to report alleged acts of infringement.

FORCE MAJEURE

Partydip shall be excused from performance under these Terms of Use, to the extent it or a Vendor is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Partydip or a Vendor, as applicable.

DISPUTE RESOLUTION / ARBITRATION AGREEMENT

(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Partydip and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Partydip Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Sites or your use of the Sites, your Personal Information, or any products or Vendor services (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Partydip are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)). The provisions of this Section 24 shall constitute User’s and Partydip’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“ Dispute Agreement ”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at ADR Consumer site, and simultaneously sending a copy of the completed form to the following address:

Partydip Inc., 1310 Westloop Place, Suite 246, Manhattan, Kansas 66502.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. Partydip will reimburse those fees for Disputes totaling less than $10,000 unless the arbitrator determines the Dispute is frivolous. Likewise, Partydip will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based upon written submissions unless User requests, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, User hereby unconditionally agrees that (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that User may have entered into in connection with the Sites; (2) the arbitrator shall apply Kansas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable Partydip Entity(ies) shall agree to, or a court shall select, another arbitration provider.

(b) No Class Action Matters. You and Partydip each agree that neither party shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, you and Partydip each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which User shall have the right to bring in a court of competent jurisdiction in the county in which User resides, User and Partydip agree that any Dispute may only be instituted in a state or federal court in Riley County, Kansas; (ii) User and Partydip irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) User and Partydip agree to waive any right to a trial by jury. User and Partydip agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Kansas, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Sites, and/or any illegal or intentional act against User’s interests or the general business interests of Partydip.

(e) Severability. With the exception of Section (b) above, if any part of this Section is ruled to be unenforceable, then the balance of this Section 24 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section (b) above is ruled to be unenforceable, then Section 24(a) shall be deemed unenforceable, but the rest of Section 24 shall remain in full effect.

To the fullest extent permitted by applicable law, you agree that (I) no arbitration shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

To the fullest extent permitted by applicable law, you agree to waive your right to a jury trial and understand that, absent this provision, you would have the right to sue in court. The scope of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of these terms of use, including, without limitation, contract claims, tort claims, and all other common law and statutory claims.

Disclaimer

As permitted by applicable law, the user expressly agrees that use of the sites is at the user’s sole risk. Partydip makes no warranties or representations about the accuracy or completeness of these sites’ content. These sites and the materials, information, services, and products in these sites, including, without limitation, text, graphics, and links, are provided "As is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, partydip disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Partydip does not represent or warrant that the functions contained in the sites will be uninterrupted or error-free, that defects will be corrected, or that these sites or the server that makes these sites available are free of viruses or other harmful components. Partydip does not make any warranties or representations regarding the use of the materials in these sites in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In addition to the above, the user (and not partydip) assume the entire cost of all necessary servicing, repair or correction.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to the user.

NOTICE TO TEXAS RESIDENTS: WAIVER OF CONSUMER RIGHTS

User hereby waives to the fullest extent permitted by law user’s rights, remedies and benefits under the deceptive trade practices-consumer protection act, section 17.41 et seq., business & commerce code, a law that gives consumers special rights and protections. After consultation with an attorney of user’s own selection, user voluntarily consents to this waiver.

LIMITATION OF LIABILITY

In no event shall partydip be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if partydip has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from these sites. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to the user. You and partydip agree that any cause of action arising out of or related to the sites must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Partydip’s maximum aggregate liability under this agreement shall be us$100. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

RELEASE

If there is a dispute between users of the sites, or between users and any third party, including but not limited to any supplier, you agree that partydip is under no obligation to become involved. In the event that you have a dispute with one or more other users or any third party, including but not limited to any supplier, you release partydip, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our sites and/or services (including, without limitation, in connection with any reviews posted about you or your business or any travel services). If you are a california resident, you shall and hereby do waive california civil code section 1542, which says: "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."

GENERAL PROVISIONS

These Terms of Use constitute the entire agreement and understanding between you and Partydip with respect to your use of the Sites and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You may be subject to additional terms and conditions that are applicable to certain parts of the Sites. If any portion of these Terms of Use are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of the State of Kansas, United States of America, without regard to its conflicts of law provisions. The failure of Partydip to act with respect to a breach of these Terms of Use by you or others does not waive Partydip’s right to act with respect to subsequent or similar breaches. Partydip does not guarantee that it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. You may not assign these Terms of Use by operation of law or otherwise without the prior written consent of Partydip, which may be withheld at Partydip’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Partydip may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

CONTACT US

If you have any questions or comments about these Terms of Use, please contact us by email at hello@partydip.co or write us at: Partydip Inc., 1310 Westloop Place, Suite 246, Manhattan, Kansas 66502.

This Terms of Use effective date: May 8, 2024.

Last updated: May 8, 2024.