MYPARTY.WEBSITE Terms and Conditions
Welcome to the MyParty!
In order to protect you and us, the following terms govern the agreement by us to provide a service to you, the customer.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.
BY USING THE MYPARTY.WEBSITE, YOU ARE AGREEING TO THE TERMS OF SERVICE. PLEASE DO NOT REGISTER OR PARTICIPATE UNTIL YOU READ AND AGREE TO THE TERMS AND CONDITIONS.
We reserve the right to modify or amend these Terms and Conditions at any time, at our sole discretion without prior consent from you.
Definitions
“Agreement” means the incorporation of agreement to the General Terms and Conditions, Specific Terms and Conditions and Acceptance Use Policy. This agreement (“Agreement”) between you and Hotline Labs Ltd (“Hotline Labs”) consists of MYPARTY.WEBSITE (“My Party”) Standard Terms and Conditions.
“Acceptable Use Policy” means the set of rules and guidelines outlined by us that the user (“You”) must agree to before using the website. Your continued use of our websites indicates your acceptance that these terms apply and your use of them.
“The Specific Terms and Conditions” prevail over General Terms and Conditions.
“You” means the person or company who uses and / or purchases services from MyParty.website, who shall be bound by the terms of this agreement.
“Us” means Hotline Labs Ltd. Registered in England and Wales under company number 11873778. Our registered address is: Hotline Labs Ltd, Enterprise Centre, Tonypandy Enterprise, Park, Llwynypia Road, Tonypandy, CF40 2ET.
“Services” means any products or services provided to you by Hotline Labs.
“Our Websites” means the terms of use when you use our website including (but not limited to those whose URL’s are http://[subdomain].myparty.website, (Our Websites), whether you are a registered user or a guest. The websites are operated by Hotline Labs (we, our or us).
INTRODUCTION
1. Our services offer you an easy way to create your own personalised party website and choose your own content. We have hand-picked some beautiful pictures and designed some ready-made templates to get you started or you can add your own images or text style.
YOUR ACCOUNT
2. Opening an account with MyParty and creating a standard party website is free. However, additional products or services supplied by us may have a charge. We will notify you of any charges for any additional products or services at the time of your request.
3. In order to access the MyParty website and make any modifications, you will need to enter your password. You are responsible for keeping your password safe and secure. We recommend you do not share your password with any other person apart from your fiancé. You will need to notify us as soon as possible if you believe there has been a breach of security or unauthorised use of your passwords. You will be responsible for any losses or damages arising from your failure to keep your password secure.
4. You will be asked to supply your email address during the registration process and this will be used to verify your identity when you visit the website. MyParty reserves the right to terminate your account at any time without notice if the account is registered with an invalid email address, if you use an email address that belongs to someone else or if your email violates the rights of another person or intellectual property.
PROHIBITED USES
5. You must not upload content, images, material (including text-based comments and annotations) or send emails containing any of the following:
(a) Material that breaches applicable laws or legislation.
(b) Material advocating, assisting or promoting unlawful acts such as computer misuse or copyright infringement.
(c) Material which is likely to incite violent or racial hatred against a person(s) or a group(s) or promotes discrimination based on nationality, age, sex, race, disability or sexual orientation.
(d) Material which is offensive, obscene or pornographic.
(e) Material against a person which is defamatory.
(f) Material used to deceive any person or use blasphemous material including material used to falsify your identity, impersonate someone else or misrepresent your affiliation with another person or organisation.
(g) Threatening or abusive material such as material which invades another person’s privacy, causes inconvenience, harassment, upset, annoyance, embarrassment or needless anxiety to any other person(s).
(h) Material relating to or involving a criminal act.
(i) Material which breaches any legal duty owed to a third party such as a duty of confidence, contractual duty or any other material which promotes activity which is illegal.
(j) Giving the impression that material originates from us, if this is not the case.
(k) Material which infringes any trademark, copyright, intellectual right or database of any third party.
6. You shall not do any of the following:
(a) Engage in any practice or action which may reflect poorly on Hotline Labs, including devaluing or disparaging Hotliine Labs goodwill or reputation.
(b) Display Referral button(s), Link(s) or Ad(s) on the MyParty website containing illegal, violent, pornographic or hate-related content.
(c) Carry out any action which violates our policies posted on MyParty or agreements between You and Hotline Labs, which may be revised from time to time.
(d) Distribute or disseminate malware.
(e) Create a new account with MyParty following termination of this agreement with you as a result of you breaching the terms and conditions of this policy.
SERVICES AND PRODUCTS
7. Once an order is placed by you for any products or services through our websites, the order will be treated as accepted until you receive confirmation that your order has been verified and accepted. This confirmation may be sent by email or post.
8. We reserve the right to decide whether any order from you is accepted at our sole discretion.
9. We will endeavour to respond to correspondence within a reasonable timescale unless there are circumstances beyond our control. Responses may be made by email or post.
GUARANTEES
12. Your MyParty website will be available to you online for free, for a minimum of one year following your party date. We reserve the right to remove your site from the internet after this time. If you would like us to continue hosting your website beyond the initial year, please contact us within the year following your party. We reserve the right to charge a fee to host your website if you would like to continue using the website beyond the year following your party.
13. Hotline Labs does not guarantee MyParty will be operational at all times or during downtime. This includes periods when the website is functionally unavailable to use due to any of the following:
(a) Outages to any public internet backbones, servers or networks.
(b) Failures of your system, local access services or your equipment.
(c) Previously scheduled maintenance.
(d) Any events beyond Hotline Labs (or its wholly owned subsidiaries) control such as natural disasters, war, civil commotion, malicious acts, vandalism, riots, strikes, government action, fires, floods, earthquakes, terrorism, insurrection, explosions or interruptions in internet services to an area in which Hotline Labs (or its subsidiaries) server is located or co-located.
LIMITATIONS OF LIABILITY
14. EXCEPT FOR ANY CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE WEBSITE:
(a) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNATIVE OR EXEMPLARY, DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND
(b) HOTLINE LABS AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY HOTLINE LABS TO PUBLISHER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE OF THE CLAIM.
(c) Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any delay or failure resulting from any condition beyond the reasonable control of such party, including but not limited to labour conditions, power failures, government action, an act of God such as an earthquake and acts of terrorism.
15. You represent and warrant the following:
(a) You ensure that all of the information provided by You to Hotline Labs in order to set up an account with MyParty is current and correct. (In addition, to the extent that Your Site is a media player.
(b) You ensure that you have a valid license to use and distribute such media player (including all content therein) for the purposes of this Agreement and Hotline Labs; and
(c) You shall ensure that any media player(s) that constitute the Site shall comply with the terms and conditions set forth herein. You further represent and warrant that each Property and any material displayed therein:
(d) You will comply with all statutes, regulations, ordinances and applicable laws.
(e) You will not use content which is offensive, illegal, hate related or otherwise violent in content.
(f) You will not breach or have not breached any right or duty towards any entity or person including (without limitation), privacy or publicity, the rights or duties under consumer protection, intellectual property, product liability, contract theories or tort.
16. Your Obligation to Indemnify: You agree to defend, indemnify and hold Hotline Labs, its directors, employees, officers, agents, affiliates, subsidiaries, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") against and harmless from any and all third party claims, loss, liability, and expense (including settlement amounts, damage awards, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of MyParty, the Property(ies), and/or Your breach of any term of this Agreement.
17. Hotline Labs Rights: You acknowledge that Hotline Labs owns all rights, titles and interest, including without limitation all Intellectual Property Rights (as defined below), in and to MyParty (including Hotline Labs ad serving technology and Brand Features including implied licenses (excluding items licensed by Hotline Labs from third parties and excluding any third party media player that may comprise the Property) and that You will not acquire any right, title, or interest in or to MyParty except as expressly set forth in this Agreement. You will not adapt, modify, translate, prepare derivative works from, reverse engineer, decompile, disassemble or otherwise attempt to derive source code from any Hotline Labs software, documentation or services, or create or attempt to create a similar service, substitute or product through use of or access to MyParty or proprietary information related thereto. You will not obscure, remove or alter Hotline Labs Brand Features, copyright notice, or other proprietary rights notices affixed to or contained within any Hotline Labs, software, documentation or services. "Intellectual Property Rights" means any and all rights existing from time to time under copyright law, patent law, trade secret law, trademark law, semiconductor chip protection law, moral rights law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all renewals, extensions, applications, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
MYPARTY ADVERTISING PLATFORM
18. MyParty provides its users with a free service, and relies upon advertising revenue to pay for its running costs. By opening an account, you agree that within your control panel, we may show you targeted promotions, which we hope you will find useful while organising your party.
19. We aim to provide party suppliers the opportunity to potential customers in their area such as those offering venues, catering, hairdressing, cake making, accommodation etc. We allow selected local suppliers to contact our members via their control panels (if opted-in) during sign up, via email, telephone or post (usually sent via our partners).
INFORMATION RIGHTS
20. Hotline Labs may retain and use, subject to the terms of the Hotline Labs Privacy Policy (located at https://myparty.website/privacy_policy, or such other URL as Hotline Labs may provide from time to time), all information You provide, including but not limited to billing information, contact information and Property demographics.
21. You agree that Hotline Labs may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in MyParty, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Hotline Labs may also provide information in response to valid legal process, such as search warrants, subpoenas, and court orders, or to establish or exercise its legal rights or defend against legal claims. Hotline Labs disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Hotline Labs may share non-personally-identifiable information about You, including PROPERTY-SPECIFIC STATISTICS, Property URLs, and similar information collected by Hotline Labs, with business partners, sponsors, advertisers and other third parties. In addition, You grant Hotline Labs the right to index, cache and access the Property(ies), or any portion thereof, including by automated means including WEB SPIDERS OR CRAWLERS.
February 2019
