Terms of use.
Thank you for visiting the The Party Favor NY LLC Website and for your interest in The Party Favor NY LLC’s products and services.
PLEASE READ THESE TERMS OF USE AND THE INCORPORATED NOTICES CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE THE PARTY FAVOR NY LLC’S WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES. BY ACCESSING AND CONTINUING TO USE THE PARTY FAVOR NY LLC WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES OR ORDERING ANY THE PARTY FAVOR NY LLC PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (AS MAY BE MODIFIED FROM TIME TO TIME) AND ALL INCORPORATED NOTICES AS SET FORTH BELOW.
TERMS OF USE
These terms of use (“Terms of Use”) are a binding agreement between The Party Favor NY LLC, its subsidiaries, affiliates, divisions, agents, employees, licensors and/or representatives (collectively “The Party Favor NY”, “Us” “Our” or “We” ) and You (“Your”) as a “User” of The Party Favor NY’s website located at www.the-party-favor.com, and any related website, application, webpage, widget, interactive feature, blog, social network, social network tabs or other online, mobile or wireless offerings that post a link to these Terms of Use no matter how they are accessed, (collectively “Website”) and/or as a “Purchaser” of “Products” or “Services” that are marketed, sold or distributed by or through the Website. Your access and use of the Website and/or Your purchase of any Products or Services will also be governed by the expressly incorporated statement and notices, (“Incorporated Notices”) each of which may be directly accessed by clicking on the following links:
Copyright and Intellectual Property Notice
1. The Party Favor NY LLC Website
The Website is owned and operated by The Party Favor NY LLC, a New York limited liability corporation, headquartered in Huntington, New York. The Party Favor NY is a top provider of event planning and coordination services. This Website provides Users with access to information about The Party Favor NY’s Products and Services that are available through the Website, as well information that may be of general interest to Users concerning weddings, events, and other topics that might be of interest to The Party Favor NY’s community.
Portions of the Website are generally publicly available and may be accessed by You or any Internet user. There are other sections of the Website that offer additional functionality and services, such as sections that offer You the opportunity to purchase Products or Services, send inquiries or correspondence, receive Our newsletters or special offers or that may invite You to post comments or interact with The Party Favor NY or other Users. Some sections, services and functions may only be available to You when create a “User Account” after You register with The Party Favor NY, by providing requested information, and then log in using Your Email and a unique password that You create for that purpose. For further information see Paragraph 16 below.
2. ACCEPTANCE OF TERMS OF USE
By visiting, using, browsing, posting, offering content to the Website or making a purchase on or through the Website, or “clicking” the accept/agree button, You accept and agree to be bound by, without limitations or qualifications, these Terms of Use and Incorporated Notices.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED NOTICES, PLEASE DO NOT VISIT THE WEBSITE, USE ANY THE PARTY FAVOR NY SERVICES OR PURCHASE ANY THE PARTY FAVOR NY PRODUCTS OR SERVICES THROUGH THE WEBSITE
3. DISCLAIMER OF WARRANTIES
You agree that Your access to the Website and Your use of the Products and Services are solely at your own risk. The Website, Products and Services are provided by The Party Favor NY on an “as is” and “as available” basis.
EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, THE PARTY FAVOR NY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THE PARTY FAVOR NY DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. THE PARTY FAVOR NY DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE PARTY FAVOR NY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, OR THE PRODUCTS AND SERVICES SOLD IN CONNECTION THEREWITH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PARTY FAVOR NY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
4. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE PARTY FAVOR NY BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF THE PARTY FAVOR NY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PARTY FAVOR NY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PROSPECTIVE BUSINESS ADVANTAGE, FOR PERSONAL INJURY, FOR PROPERTY DAMAGE, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY RELATED TO THE USE OR MISUSE OF, UNAVAILABILITY OF OR INABILITY TO USE THE WEBSITE, PRODUCTS OR SERVICES IN CONNECTION THEREWITH OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT, INCLUDING NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE PARTY FAVOR NY , (EXCEPT ARISING EXCLUSIVELY FROM THE PARTY FAVOR NY’S INTENTIONAL CONDUCT OR GROSS NEGLIGENCE) AND EVEN IF THE PARTY FAVOR NY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. EXCLUSIVE REMEDY
IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF THE PARTY FAVOR NY BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE IT IS AGREED THAT IN NO EVENT MAY THE USER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO THE PARTY FAVOR NY IN CONNECTION WITH THE TRANSACTION GIVING RISE TO THE CLAIM OR $150 IN THE EVENT THAT NO FEES WERE PAID, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.
7. PRICES AND MODIFICATIONS
The price of Products or Services offered for sale on the Website may vary and are subject to change at any time prior to The Party Favor NY’s acceptance of Your order. Some items may be subject to state and/or local tax. We reserve the right to modify or discontinue sales, promotional offers, and other services provided by The Party Favor NY at any time and at The Party Favor NY’s sole discretion. The Party Favor NY shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of any Product or Service. You will be notified of the final price of the Product or Services, before You complete checkout of Your Order.
8. ACCURACY OF BILLING AND ACCOUNT INFORMATION
As a User, Purchaser or both, You agree to provide current, complete, and accurate purchase and account information. You also agree to promptly update your account and other information, including Your email address, credit card number(s), and expiration date(s), so that we can complete Your transactions and contact You as needed. All orders are subject to The Party Favor NY’s Cancellation and Refund Policies.
9. CANCELLATION POLICY
Generally, You may cancel Your Order at any time, in writing, prior to it being shipped or delivered to You by The Party Favor NY.
However, some products may be custom or individualized products that are produced specifically for You only after You have placed Your Order and based on Your directions and specification. (“Custom Products”) Orders for Custom Products cannot be modified or cancelled after Your Order is placed. Please carefully review Your Custom Order before submitting it to Us.
Services provided by The Party Favor NY that require a date-hold may be cancelled at any time, however see below for applicable refunds.
On occasion, The Party Favor NY may refuse or may cancel Your order, such as, for example, when your selections are not available, there are inaccuracies or errors in the information concerning the Products or Services You have selected, there are unresolved issues regarding Your payment, or if The Party Favor NY believes that it is prohibited from fulfilling your order under the laws or regulations at your location. The Party Favor NY may also limit or cancel quantities purchased per person, per household, or per order or if it believes that the order was placed for the purpose of Product resale.
The Party Favor NY reserves the right, at its sole discretion, to refuse or cancel any order for any reason. You will not be charged for any order We cancel or refuse. In the event that We make a change to or cancel an order, We will attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time of purchase or contained in Your User Account if You made Your Purchase using Your User Account.
10. REFUND POLICY AND RETURN POLICY
Except as set forth below, You may return a Product purchased through the Website for any reason within 30 days of Your receipt of the Product. The Party Favor NY shall, at Your option, refund or replace the returned Product within 30 days of The Party Favor NY’s receipt of the Product in its original and unused condition. Any refund shall be issued in the form of a credit to the original purchasing method, which may take a commercially reasonable time to process.
CUSTOM PRODUCTS OR ITEMS THAT ARE DESIGNATED AS “FINAL SALE” ON THE WEBSITE MAY NOT BE RETURNED NOR REFUNDED.
Services provided by The Party Favor NY that require a date-hold deposit or “Event Fee” may be cancelled at any time, as noted above. If cancelled more than 365 days before Your event date, You will receive a 100% refund. After that, You may cancel no later than 180 days before Your event date for a 50% refund.
11. PAYMENT TERMS
The Party Favor NY may accept a variety of payment methods to enable You to complete Your purchase of Products and Services. At the present time, purchases made on the Website are processed by one or more third-party payment processors that provide You with an opportunity to complete Your purchase of Products and Services. To do so, You will be required to provide account and other information to the third-party processor. The Party Favor NY may facilitate Your communication with the third-party processor regarding Your purchases and User Account. However, The Party Favor NY does not collect or stores Your payment information. The third-party processor may offer you the opportunity, if you choose, to store Your payment and account information for future purchases. The payment processor is required by credit card issuers to meet specific industry-standard security measures concerning the collection and storage of Your information. For further information, please see the payment processor’s website.
The Party Favor NY has the sole discretion to discontinue, add or substitute any method of payment. The Party Favor NY reserves the right to decline Your use of any form of payment if You fail to provide adequate or accurate information or if We or the third-party payment processors have reason to suspect, in Our sole discretion, that You are not the account holder, the account does not exist or is no longer active, that there are insufficient funds for the purchase or for any other reason.
12. OWNERSHIP OF WEBSITE AND ITS CONTENT
The Website is owned and operated by The Party Favor NY LLC. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to The Party Favor NY or its affiliates, business partners, or licensors. The Party Favor NY reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any user.
13. THE PARTY FAVOR NY’S INTELLECTUAL PROPERTY
The Party Favor NY owns any and all intellectual property rights arising out of, related to, or in any way connected with “The Party Favor”, “The Party Favor NY”, and the The Party Favor NY related logos, slogans, service marks or trademarks, etc. (“The Party Favor NY Intellectual Property”). You cannot use the The Party Favor NY Intellectual Property without first obtaining The Party Favor NY’s express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use The Party Favor NY Intellectual Property without Our permission.
14. USER COMMUNICATIONS TO THE PARTY FAVOR NY
Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by The Party Favor NY and will not be returned to You.
15. THIRD-PARTY LINKS
The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated, or controlled by The Party Favor NY. You agree that The Party Favor NY is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against The Party Favor NY as to any loss incurred as the result of Your access or use of such third-party website.
16. USER ACCOUNTS AND PASSWORD
As a User, Purchaser or both, You may be required to or choose to establish Your User Account in order to access certain portions of the Website, make use of certain Website functionality, offer User Content, complete Purchases, receive the benefit of programs, rewards or other marketing benefits, etc. To do so, you will be required to create a User Account by providing Your email address and creating a unique password to be used with Your email address to access the User Account. You may also be required to provide additional information about Yourself in order to receive the Products and Services that You have selected. You are responsible for maintaining the confidentiality of Your User Account information, (including Your unique Password) and for any and all activity that occurs under Your User Account. We will assume that anyone who uses Your User Account is You and will therefore have all the same rights and privileges that You have. You will be responsible for any purchases, posts, or any other activity that occurs using User Account.
Remember, You are in the best position to protect Your User Account.
Do not share Your Password or allow anyone else to use it. You agree to notify The Party Favor NY immediately upon learning of any unauthorized use of Your User Account, or Password or any other breach of Website security. However, You may be held liable for losses incurred by The Party Favor NY or any other user of or visitor to the Website due to another person using your User Account or Password.
You may not use anyone else’s User Account or Password at any time without the express permission and consent of the holder of that account or password. You may not use another’s User Name, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. The Party Favor NY cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
17. WEBSITE SECURITY
Security of data, software and hardware connected to the Internet are matters of concern for You and The Party Favor NY. We take reasonable precautions to protect Your information. We limit Our collection of Your personal information, such as Your financial information, personally identifiable information and other sensitive information to only such personal information that We deem necessary to provide You with the Products and Services that You have selected or to improve the experience of You and other Users’ experience with the Website, Products or Services. We take reasonable precautions to collect personal information in a secure manner and transmit it via a secure internet channel.
However, no security measures are perfect or impenetrable, and The Party Favor NY cannot guarantee that the information submitted to, maintained on, or transmitted from its systems will be completely secure. The Party Favor NY is not responsible for the circumvention of any privacy settings or security measures contained on the Website by other Users or anyone else. For further information, please see our Privacy Notice.
You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for such or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus to the Website. overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script, or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally-available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)
The Party Favor NY reserves the right to investigate and take such action as it deems necessary regarding any activity that it suspects is intended to violate the security of the Website, Services and Products. If, at The Party Favor NY’s sole discretion, it appears that You have violated the Terms of Use or acted in any way that interferes or is intended to interfere with the functioning of the Website or another’s lawful access and use thereof, The Party Favor NY may take any action it deems appropriate to prevent further interference, including but not limited to immediate suspension and/or cancellation of Your access to the Website. You may be civilly or criminally liable for such violations. The Party Favor NY will cooperate with law enforcement authorities in prosecuting any individual or entity involved in such violations.
18. ACCESS AND USE OF THE WEBSITE AND ITS CONTENT
Subject to Your acceptance of, and compliance with these Terms of Use as may be periodically amended, The Party Favor NY hereby grants You a non-exclusive, non-transferable limited license to access and make personal non-commercial use of the Website and its content. This license does not entitle You to any resale or commercial use of the Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any person; or any use of data mining, robots or similar data gathering and extraction tools, which are expressly forbidden for any purpose whatsoever. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from Website or any portion thereof. The Party Favor NY will investigate and take appropriate legal action, including civil and criminal redress, for any misuse and fraudulent activity on the Website.
19. CONTENT CONTRIBUTED BY YOU OR OTHER USERS
From time to time, The Party Favor NY may provide opportunities for You to communicate with others through the Website, such as through blogs, chat rooms, postings, emails, product reviews, etc. (“User Content”) The Party Favor NY reserves the right to accept, reject, or remove any and all User Content at its sole discretion and for any reason. You understand and agree that The Party Favor NY’s exclusive role in connection with User Content is solely as an Internet Service Provider and that The Party Favor NY is not and will not be liable for any User Content or any Website content that is authored or submitted by anyone other than The Party Favor NY.
You understand and agree that by submitting User Content, You are consenting to its public dissemination. As a condition of Your submission of User Content to the Website, You hereby warrant, promise, and agree that:
a) You have registered with The Party Favor NY by creating a unique User Name and Password after providing complete and accurate personal and contact information as required for registration of a User Account and that the information You have provided is up to date and accurate when You submit User Content for consideration;
b) You own or have all necessary licenses, rights, consents, and permissions to use and to authorize The Party Favor NY to use Your User Content, including, but not limited to, any necessary patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights in the User Content;
c) You have the written consent, release, and/or permission of each identifiable individual person in the User Content to use and to authorize The Party Favor NY to use the name or likeness of each such identifiable individual person in the User Content;
d) By submitting the User Content to The Party Favor NY, You agree to be bound by all terms set forth in these Terms of Use and Incorporated Notices;
e) You have the right to, and hereby, assign to The Party Favor NY a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your User Content in any media formats and through any media channels in connection with The Party Favor NY’s Website, Services or Products;
f) You hereby agree to indemnify and hold harmless The Party Favor NY from any and all claims of whatever nature that may arise from, in connection with, or be related to, Your User Content, including, but not limited to, any claim that You made an impermissible use of the User Content, did not have the necessary licenses, permissions or releases for Your User Content or lacked the requisite authority to grant The Party Favor NY permission or license as to the use of Your User Content as provided for above.
20. USER WARRANTIES
As a User, You agree that You will not, under any circumstances, use the Website or any related products or services provided by The Party Favor NY in connection with the Website to do the following:
(i) You will not make available any material that is protected by another’s copyright, trademark, trade secret, or other intellectual property right, or is otherwise subject to third-party proprietary, privacy or publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant The Party Favor NY all required license rights. For further information see THE PARTY FAVOR NY’S COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE.
(ii) You will not make available any material that is false, misleading, harmful, abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or sexually or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
(iii) You will not cause harm, of any type, to minors;
(iv) You will not submit materials or post links to advertisements or solicitations of business without The Party Favor NY’s prior express and written permission;
(v) You will not intentionally or unintentionally violate or aid others in the violation of any applicable local, state, national or international law or regulation;
(vi) You will not enable or assist in the transmission of “junk mail,” “chain letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging, “spimming,” or “spamming” or any other form of improper or illegal solicitation now known or that may be developed in the future;
(vii) You will not “stalk” or otherwise harass another person or assist another in doing so;
(viii) You will not access the Website or services in order to collect or store private or personally identifying information about others for unlawful or inappropriate purposes;
(ix) You will not misrepresent or assist others in misrepresenting the origin of any Website content provided by The Party Favor NY or another Website User;
(x) You will not impersonate any person or entity, including, but not limited to, The Party Favor NY’s officials, employees, consultants, or otherwise misrepresent Your affiliation with any person or entity;
(xi) You will not make available any material that You are prohibited from disclosing as a result of Your contractual or fiduciary relationship with another individual or entity or as a matter of law or regulation;
(xii) You will not make available or distribute any materials, computer code or “malware” that facilitates hacking, or that is intended to interfere with or destroy the functionality of any website, computer software, hardware or telecommunications equipment or to interfere with the performance or functionality of this Website or any other website, including, but not limited to, ransomware, software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information, any other form of improper or illegal malware now known or that may be developed in the future.
(xiii) You will not download data from any The Party Favor NY’s Website, database or platform through automated means, including spiders, robots, crawlers or other automated means now known or that may be developed in the future;
(xiv) You will not harvest, modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content of any description;
(xv) You will not sell, distribute, or make any use of, commercial or otherwise, information, content or data obtained from The Party Favor NY in a manner which could be expected to offend the person for whom it is relevant;
(xvi) You will not create and maintain a The Party Favor NY user profile that contains hyperlinks to content not permitted on the Website;
(xvii) You will not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(xviii) You will not interfere with or disrupt the Website or the servers, or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(iv) You will not access the Website after Your access has been terminated by The Party Favor NY for any reason; and
(xx) You will not make available any materials, or act in any manner that is offensive to the The Party Favor NY community or the spirit of these Terms of Use.
You acknowledge and agree that The Party Favor NY may, but is not required to, monitor Your conduct in connection with the Website. You agree that The Party Favor NY may remove any materials submitted by You, including but not limited to Your User Content, restrict and block Your access to the Website and/or terminate any or all other agreements between You and The Party Favor NY, if The Party Favor NY, in its sole discretion, determines that You have taken actions in violation of these Terms of Use and/or any other agreement between You and The Party Favor NY. You understand that in the event of termination for any cause, You will not be entitled to a refund of fees, if any, paid by You to The Party Favor NY and will be required to make all payments that remain outstanding at the time of the termination.
You understand and agree that The Party Favor NY may access, preserve and disclose Your identifying information in its possession, including, if applicable, email address, Password and/or User Account information, if The Party Favor NY determines that it is necessary to do so in order to comply with apparently valid legal proceedings, to process a good faith complaint by a third-party that You have violated these Terms of Use, or to protect the legal rights, property or personal safety of The Party Favor NY, its Users and the public at large.
21. YOUR INDEMNIFICATION OF SELEKT
You understand and agree that You will indemnify, defend and hold harmless The Party Favor NY from any and all liability, expense, cost fine, settlement or judgement, including without limitation, reasonable attorneys’ fees and legal expenses incurred alleged to be connected with, arising out of or in any way related to Your User Content, Your use of the Website or Your breach of the User’s Warranties or other any other provision of these Terms of Use and/or Incorporated Notices.
22. CHANGES TO TERMS OF USE
The Party Favor NY reserves the right to update, change, modify, add, delete, revise, or replace any part of these Terms of Use or any Incorporated Notices at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button upon accessing or using the Website, when You purchase any The Party Favor NY Products or Services through the Website, when You submit User Content or 30 days from the date the changes are posted to the Website, whichever is earliest.
We recommend that You regularly check the Terms of Use when visiting the Website, or ordering any Products or Services, as these Terms of Use may have changed since you last did so.
23. GENERAL PROVISIONS
a) Relationship of the Parties. You and The Party Favor NY are independent contractors. There is no partnership, agency, or joint venture relationship between them.
b) Location of Negotiations and Services. You agree that the Website, the marketing, sale, or distribution of any and all Products and Services provided by The Party Favor NY through the Website, and the negotiation and agreement of these Terms of Use, Incorporated Notices, and any other agreement between You and The Party Favor NY regarding the Website, shall be deemed to have occurred solely and exclusive within the County of Suffolk the State of New York, United State of America.
c) New York Law. You hereby agree that these Terms of Use, the Incorporated Notices, and any other agreement between You and The Party Favor NY shall exclusively and solely be governed and interpreted under and in accord with the laws of the State of New York, United States of America, (except to the extent that New York choice of law principles would require application of any other law), regardless of where You, any of The Party Favor NY’s representatives or agents, or The Party Favor NY’s servers may be located.
d) New York Jurisdiction and Forum. You hereby agree that any dispute that arises under, is connected to or relates in any manner to, these Terms of Use, the Incorporated Notices, the Website, Services or Products provided by The Party Favor NY, or any purchase, sale or other agreement between You and The Party Favor NY shall be subject to the sole and exclusive jurisdiction of the Federal or State courts located in the State of New York, County of Suffolk and You hereby irrevocably consent to and submit to their jurisdiction to hear and determine any such dispute.
e) International Use. Although this Website may be accessible worldwide, The Party Favor NY makes no representation that materials on this Website, Products or Services are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Products or Services purchased over the Internet.
f) Void Where Prohibited. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
g) Use By Children. We do not offer products or services for sale directly to children under 18. If You are under 18 and wish to purchase Products or Services from Us, please secure the permission and assistance of Your parent or guardian to process Your orders. By using this Website, You are representing to Us that You are 18 years or older. We will not be liable for any damages that may result from a misrepresentation of age by a user of our website.
h) Force Majeure. In addition to any excuse provided by applicable law, The Party Favor NY shall be excused from liability for non-delivery or delay in delivery of Products and Services available through the Website arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, interruptions in supply chain, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated hereinabove.
i) Specific Performance. You acknowledge that a breach of these Terms of Use or other agreement between You and The Party Favor NY will cause irreparable injury and that money damages may be inadequate to remedy the injury to The Party Favor NY. Therefore, in the event of a breach or threatened breach, The Party Favor NY will be entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.
j) No Third-Party Rights. Nothing in these Terms of Use creates any right in any person not a party to the Terms of Use, and the Terms of Use shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person.
k) Severability of Provisions. If any provision of the Terms of Use, incorporated documents, or policies, is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the extent that performance of the remaining terms is not rendered impossible.
l) Waiver. Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and The Party Favor NY or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.
m) Notices. Notices by The Party Favor NY to You may be given by means of electronic messages through the Website, by a general posting on the Website, by conventional mail or email at the email address You provide. It is Your responsibility to ensure that The Party Favor NY continues to have up-to-date contact information for You.
Notices by You to The Party Favor NY may be given by electronic messages, conventional mail, or telephone unless otherwise specified in these Terms of Use or any other agreement between You and The Party Favor NY.
The Party Favor NY’s contact information as follows:
n) Binding Provisions. These Terms of Use and any expressly incorporated documents or policies are binding and inure to the benefit of the parties and their respective heirs, executors, administrators, personal and legal representatives, affiliates, successors, and permitted assigns.
o) Assignment. You agree that You may not assign Your rights or obligations under the Terms of Use or any agreement between You and The Party Favor NY without the prior, written consent of The Party Favor NY which is subject to The Party Favor NYs’ sole discretion.
p) Headings. The descriptive headings of the sections and subsections of the Terms of Use are for convenience only and do not affect the interpretation or construction of the Terms of Use.
q) Complete Agreement. These Terms of Use, including the Incorporated Notices constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with, the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
r) All prior and contemporaneous negotiations and agreements between You and The Party Favor NY concerning the Website and Products or Services connected thereto are expressly merged into and superseded by these Terms of Use and may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. You warrant that You have not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use.
Version 1.4
Eff. Date 04/03/2024