PARTY LAYNE TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to PartyLayne.com, a website fully owned and operated by Party Layne® (“PL”). The following are the Terms of Service ("TOS") that govern use of the PartyLayne.com Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by this TOS and to follow this TOS and all applicable laws and regulations governing the Site. PL reserves the right to change these Terms at any time, effective immediately upon posting on the Site.
2. DESCRIPTION OF SERVICE
Through the Site, PL provides users with a database to rate, find and list local business, which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You understand and agree that the Service may include certain communications from PL, such as marketing communications via email, and that these communications are considered part of your use of the Service, and such communications will be governed by the TOS and PL’s Privacy Policy which can be found here [http://partylayne.com/company_legal.php#Terms]. You also understand that in order to take advantage of certain features on the Site, you may be required to register with the Site. PL's use of any personal information that you provide to PL during any registration process is governed by PL’s Privacy Policy. The Service is free of charge, but you also understand and agree that the Service may include advertisements. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS". You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. PL PRIVACY POLICY
During your use of the Service, PL may require you to submit personal information, such as before posting any information on the Site. All personal information collected by PL about you during your use of the Service is subject to our Privacy Policy. For more information, see our full privacy policy at [www.partylayne.com/privacy]. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this personal information.
4. USE OF THE SERVICE
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by PL. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly 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 TOS and to abide by all the terms and conditions of this TOS.
5. SITE ACCOUNT
By having a Site account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate this TOS, PL may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access or take any other action that PL believes is appropriate.
6. SUBMITTING RATINGS/REVIEWS ON THE SITE
You hereby acknowledge and agree that any information posted to the Site by you is true and accurate and that you do not work for or have any conflict of interest with any company and/or individual that you may post a rating and/or review in reference to.
PL reserves the right to remove any information posted to the Site by you if it contains or features any of the following:
a) UNACCEPTABLE CONTENT:
We reserve the right, but not the obligation to remove any information if it contains or features any of the following:
• Offensive language, including harmful or abusive language, expletives or profanities, obscenities, or hate speech, or harassing, vulgar, or sexually explicit language;
• References to illegal activity;
• Content that contains personal attacks;
• Personal information, such as phone numbers, mailing addresses, e-mail addresses, personal Web sites, etc.;
• Messages that are clearly advertising or commercial in nature and do not specifically relate to the subject at hand;
• Content other than text, such as photos, sound, or other images;
• Content determined by PL to be illegal or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
• Content that is not in English; that is encrypted; or that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system, data, or personal information; or
• Content that violates the standards of good taste or the standards of this Site, as determined by PL in its sole discretion.
b) RATINGS/REVIEWS ARE OWNED BY PL
Any ratings and/or reviews that are submitted to the Site shall be owned exclusively and in perpetuity by PL. Such exclusive ownership means that PL, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted ratings and/or reviews. PL is under no obligation to give credit or pay any consideration to you for your ratings and/or reviews.
7. INDEMNITY
You agree to indemnify and hold PL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information you submit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. MODIFICATIONS TO SERVICE
PL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. TERMINATION
You agree that PL may at any time, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) you have engaged in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including 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 advertiser. You agree that PL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
12. LINKS
The Service may provide links to other World Wide Web sites or resources. Because PL has no control over such sites and resources, you acknowledge and agree that PL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PL 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
13. PL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
PL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PL for use in accessing the Service.
14. GENERAL DISCLAIMER
PL does not represent or endorse, and shall in no way be responsible for the accuracy, reliability or quality of any of the information posted on the Site by our users. The Service is meant only as an informational resource for our users, and you hereby acknowledge that reliance upon any of the information posted on the Site by our users, including any ratings and/or reviews, shall be done solely at your own risk. Any listing of a business and/or service on the Site shall be done solely at your own risk, and you acknowledge that by doing so, that business and/or service may be rated and/or reviewed by our users, and that PL shall in no way be responsible for the accuracy, reliability or quality of that rating and/or review.
If you feel that any information that has been posted on the Site unfairly maligns you or your business, you can contact the PL Complaint Department via email, telephone, and/or written complaint at the following:
Jon Layne, 269 S. Beverly Drive #156, Beverly Hills, CA, 90212, webmaster@partylayne.com, 323 653 3255
Your complaint will be handled promptly and you will receive a written response addressing your concerns within thirty (30) days of your complaint being made.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PL 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.
b. PL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
19. NOTICE
PL may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
20. TRADEMARK INFORMATION
All trademarks, service marks related to PL, as well as all other PL logos and product and service names are trademarks of PartyLayne.com (the "PL Marks"). Without PL's prior permission, you agree not to display or use in any manner, the PL Marks.
21. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and PL and governs your use of the Service, superseding any prior agreements between you and PL with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PL services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and PL shall be governed by the laws of the States of Michigan and California] without regard to its conflict of law provisions. You and PL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of USA, Michigan and California.
Waiver and Severability of Terms.
The failure of PL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
Statute of Limitations. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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