Prvt Party: Host and Guest Terms of Use
How to Use Prvt Party
Welcome to Prvt Party! The following is a brief summary of our services, how to obtain them through this site and/or mobile application (the “Site”) and the key rules governing your interactions with us, your guests (if you are hosting an event), your hosts (if you are an invited guest) and the venues with whom you communicate and ultimately may engage through this Site. You should also review our Legal Terms (part 2 of these Terms of Use) and Privacy Policy (separate button on our home page) as they also set forth important rules and limitations relating to your use of our Site. When we refer to the “Site” under these Terms of Use we mean Prvt Party’s entire digital platform through which you interact with Prvt Party, your invited guests and our venues to review and discuss terms of potential events and arrange for event bookings. When we use the term “you” under these Terms of Use, we mean either a Host User (a user who is a host or co-host for an event), a Guest User (a user who has been invited to an event hosted on Prvt Party), or both, depending on the context.
Here's How Prvt Party Works:
Venue Booking and Booking Obligations
As a Host User, you may search Prvt Party’s network of event venues to find a place to host an event. Venues include drinks-oriented establishments (e.g., bars, lounges), dining establishments (e.g., restaurants), or activities-oriented establishments (e.g., bowling, karaoke, etc.), or of course some combination of the foregoing. In using the Site, you may (1) send requests to multiple venues, (2) negotiate terms with each venue, (3) receive offers and (4) then accept such offers. Accepting an offer may obligate you to pay certain fees, some of which may be payable at the time of booking and some which may be payable directly at the venue. During the booking process, our platform will clearly display all fees being charged. As a Host User, you should make sure to thoroughly review any offer received to ensure that you understand the fees being charged by the venue and by Prvt Party before accepting any offer. You should also make sure to review the information displayed in the venue’s listing so that you understand all of their policies and conditions. If you have questions about any offer or other language displayed on our Site, please contact us at: [email protected].
Different types of bookings have different costs (described below), but all bookings require a credit or debit card to be confirmed. Once you accept/confirm a booking it is considered an Accepted Offer. You will be able to make bookings of the following types, or a combination of the following types:
- “No Venue Fee”: For this type of booking, the venue is not charging any fee for reserving the selected space. However, the Host User will be responsible for an upfront fee payable to Prvt Party and for complying with our Cancellation Policy (see section below). Under this type of booking, the Host User will be expected to bring at least the number of attendees specified in the Accepted Offer; if you deviate from this number of attendees by more than 50% (percentage subject to change), you may be subject to a Cancellation Fee and/or disqualification from further use of the Site.
- Premium Time-Slot: For this type of booking, the Host User must pay an hourly fee to the applicable venue for the time slot you’ve booked. This fee is collected by Prvt Party at the time of reservation. (For short-hand, we call this a Premium Time-slot booking, but some venues may require an hourly fee for all of their bookings.) No other upfront fees are payable by you for the reservation. Like No Venue Fee bookings, Premium Time-slot bookings still require that the Host User bring a certain number of attendees as specified in the Accepted Offer; and again, if the event attendance deviates from this number of attendees by more than 50% (percentage subject to change), you may be subject to a Cancellation Fee and/or disqualification from further use of the Site.
- Open Bar: For this type of booking, the Host User will be purchasing an open bar for a specified time period for a set number of people. The venue will specify in their offer what types of beverages are included in the open bar (beer/wine, full liquor, premium liquor, etc.) Fees for this booking will be collected directly by the venue (possibly before the event, but often at the event itself). You will not be charged upfront for the cost of the Open Bar, but you are making a commitment to pay in the future. Please understand that when you confirm an Accepted Offer for an Open Bar booking, you will – upon such acceptance – be contractually responsible for paying the fees stated in the offer. And if you fail to fulfill such payment obligation, you will be subject to a Cancellation Fee. There are no attendance requirements for this type of booking provided you comply with your other payment obligations.
- Minimum Spend: For this type of booking, the Host User is committing to spend a minimum dollar amount at the venue in order to secure a booking. Like the Open Bar booking, please understand that when you confirm an Accepted Offer for a Minimum Spend booking you will – upon such acceptance – be contractually responsible for fees payable to the venue for this type of booking. Like an Open Bar booking, if you fail to fulfill such payment obligation, you will be subject to a Cancellation Fee; there are no attendance requirements for this type of booking provided you comply with your other payment obligations.
NOTE: Fee payments and spending commitments for all bookings at Prvt Party are fully refundable provided you cancel during the full-refund cancellation period (see Cancellation Policy below).
Additional Fees
In addition to the fees outlined above, venues reserve the right to charge additional fees to cover staff and materials for event clean-up, preparation, security or serving of outside food or beverages (such as dessert, outside wine, etc.), in each case as long as the venue enumerated such fees in the Accepted Offer sent to you. Any such additional fees will be paid by you directly to the venue. Venues may also require a security deposit to be paid directly to the venue (not through us) to protect the venue against damage during the event, again as long as the venue enumerates such requirement in the Accepted Offer sent to you. Any Cancellation Fees charged by Prvt Party shall not be used for the purpose of reimbursing for property damages.
Online Invitation System
In addition to booking events, as part of the Site Prvt Party also provides a service which allows you to:
- create electronic invitations for your event;
- add a co-host (a function which may be added in the future);
- create a distribution list of invitation recipients;
- send the invite to such recipients via email and/or text message, and track RSVP responses (“Invitation Function”);
- post in-app chat messages to invitation recipients; and
- send follow-up email and/or text messages to invitation recipients.
Invite recipients may be added to the distribution list from any of the following sources: (a) your phone or other mobile device contacts list (provided you allow Prvt Party access to your device contacts list), (b) contact information that you enter manually; (c) your Facebook friend list (provided you allow Prvt Party access to your Facebook account – see Facebook section below); and/or (d) guest lists from previous Prvt Party events you’ve hosted.
As a component of our invitation system, Prvt Party will maintain the guest list for each event you host, including the list of invitation recipients and the contact information used for sending each invite. We keep this information in order to allow Host Users to quickly create new guest lists for new events. To the extent allowed under applicable law we may use such information in connection with other events and/or marketing purposes. This information may be deleted only by deleting your account with Prvt Party.
Facebook
Prvt Party will never post on your Facebook profile — neither on your profile (if you are a Host User) nor on those of any of your invitation recipients. If you allow Prvt Party access to your Facebook account, we will only use this access to allow you to add your Facebook friends to your invitation guest list. In order for you to see your Facebook friends’ contact information in the Prvt Party invitation list-builder, there may be additional settings required on your device; in particular, you may need to give your device’s contacts app access to your Facebook account.
Prvt Party will never send any messages or invitations over Facebook; we only send invitations via email or text message, as selected by you.
Promotional Materials
Prvt Party maintains the guest list for each event you host, including the list of email recipients and the contact information used for sending each invite. To the extent allowed under applicable law, we may use such information in connection with other events and for marketing and/or promotional purposes relating to the Site. This information may be deleted only by deleting your account with Prvt Party.
Guest Users
In addition to our hosting, booking and invitation services listed above, we also provide services to Guest Users, users who have been invited to an event on the Prvt Party platform. You do not need to be a Guest User in order to receive basic information about the events that you’ve been invited to, nor to RSVP to such events. However, by registering as a user, you will have access to certain services only available to registered users.
As a Guest User, you will be able to:
- View detailed information about the event on the Site;
- RSVP directly on the Site, and add “plus ones” if this feature is activated by the event host;
- View detailed information about the venue for the event, including photos and maps;
- View the guest list, if this feature is activated by the event host; and/or
- View and send event-related messages on the in-app chat wall.
Your Obligations at the Venue and Rights of the Venue
Once your event has started, Host Users and their guests will be held to certain conduct standards as follows:
- You agree to act and to cause all attendees at your event to act in an orderly way at all times and to follow the directives provided by authorized venue personnel, including compliance with any noise restrictions that the venue may have;
- You and your guests are expected to treat all spaces, including furnishings, with respect and to refrain from intentionally or negligently damaging the same;
- You and your guests will treat all venue personnel with respect and dignity and will follow all instructions regarding the use of equipment, including audio visual equipment, furnishings and other fixtures provided by the venue;
- While you are not expected to clean up the event area after your event, you are expected to leave the venue in an orderly state, leaving only a minimal amount of garbage and debris, unless specifically authorized in writing by the venue to do otherwise;
- With respect to third-party food and decorations, certain venues may offer options such as allowing “Outside Birthday Cake” or “Outside Decoration”. If you wish to take advantage of such options, you must specify your desire in your booking request or in a follow-up written message directly to the venue in question; if you have obtained approval from a venue to install your own decorations, you must remove them and clean up such decorations, unless you have specifically received authorization in writing from the venue to leave decorations in place.
All Venues reserve the right to: (a) refuse service to inebriated customers; (b) shorten the period of an Open Bar if your group as a whole is drinking substantially above what the Venue could have reasonably anticipated, or if some of your attendees become grossly intoxicated; and/or (c) terminate an event because of unruly guests or abusive behavior. You represent and warrant that all members of your party that ingest alcoholic beverages during your event are of legal drinking age.
Cancellations
The general rule is that once a Host User has accepted/confirmed an Accepted Offer, the booking is binding unless cancelled by you.
All events have a full-refund cancellation window where you may cancel and receive a full refund of all fees previously paid and any obligation to pay direct-to-venue fees will also be cancelled at no cost. This full-refund cancellation window is set by the applicable venue at the time it sends an offer (e.g., 7 days, 48 hours, 24 hours).
If you cancel after the cancellation window or if you fail to fulfill any direct-to-venue payment commitments, or if you simply don’t show up, you shall be obligated to pay the Cancellation Fee stated in the Accepted Offer. Prvt Party’s credit card processing company will put a hold on your credit card 7 or more days before the event in the full dollar amount of the Cancellation Fee to ensure that the card is valid at the time of the event, in case there is a late cancellation or no-show by you.
Finally, to the extent that RSVPs for an event are less than 50% of the required minimum the day before an event is scheduled, Prvt Party shall have the right to unilaterally cancel the event or confirm with the venue whether it wishes to continue with the event. If your event is cancelled per the previous sentence, the Cancellation Fee will be applicable.. Prvt Party shall have the right to remove you from the Site if it has received complaints from venues regarding your behavior or if you have failed to bring the required minimum attendance on multiple occasions.
Payment Processing
Part of the services provided by Prvt Party may include access to and passage of information through a payment processing gateway, which may pass payment information, contact information, itemized invoices and other data submitted by or received by you as part of your use of the Site. Stripe currently serves as Prvt Party’s payment processor. The specific mechanics and terms of payment processing through Prvt Party are governed by the terms and conditions promulgated by Stripe. Stripe’s terms and conditions are available here: https://stripe.com/us/checkout/legal
You will be entering your credit or debit card information directly into our mobile application or elsewhere on the Site. The security of your credit card information is very important to us. We use the 128-bit Secure Socket Layer (SSL) protocol to protect the security of your payment information. SSL technology encrypts your payment information to protect it from being decoded by anyone other than Prvt Party.
If you choose the option “Remember my card” when entering your credit or debit card information, then Prvt Party will retain your credit card information.
Limitations of Service
There are certain limitations applicable to your use of the Site which we want to set forth below, in addition to the more general limitations set forth below in the Legal Terms below. Namely, in using Prvt Party you acknowledge and agree as follows:
- Prvt Party shall provide you with limited support via e-mail on the day of an event, but we are not responsible for any service shortcomings by the venue, including late access to the space, issues with cleanliness of the venue, and/or failure to properly prepare for the event. Prvt Party is further not responsible for any damages, whether in the form of property or bodily harm, relating to you or your guests as a result of any event.
- Many venues are public spaces, so you may be able to inspect or view the venue if you so desire, either before or after your booking. To be clear, while we have inspected all of our venues, we make no representation regarding the suitability of any space for your particular event. For private venues or private areas of venues, please contact the venue to obtain access to inspect the venue, with the understanding that the venue maintains the right in such instance to limit access to you in advance of your event to certain hours at their convenience.
- Likewise, Prvt Party makes no representation as to the safety or insurance coverage of any venue. Access to venues is at your own risk. Please do your own investigations in this regard.
- Prvt Party is not responsible for any cancellation made by a venue and shall not be responsible to you for any costs, fees or damages related to the cancellation or re-booking of any events cancelled by a venue. If you contact customer support, Prvt Party will do its best to assist in re-booking the event, but we cannot be responsible for the actions of each individual venue. Venues are required to hold your reservation except in cases of emergency, so please notify us of any questionable cancellations so that we may take this into consideration in determining whether to continue our partnership with such venue.
- AS BETWEEN YOU AND PRVT PARTY, YOU HAVE SOLE RESPONSIBILITY FOR YOUR EVENTS BOOKED THROUGH OUR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AS BETWEEN YOU AND PRVT PARTY YOU RELEASE PRVT PARTY FROM AND WAIVE ANY AND ALL CLAIMS AGAINST PRVT PARTY RELATING TO OR ARISING FROM ANY EVENT BOOKED THROUGH OUR SERVICE, INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR CONTRIBUTION, IN EACH CASE EXCEPT TO THE EXTENT ANY LIABILITY IS CAUSED BY PRVT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT ANY LIABILITY TO A GUEST AT ANY EVENT ARISES FOR ANY REASON, SUCH LIABILITY SHALL BE BORNE SOLELY BY YOU EXCEPT TO THE EXTENT SUCH LIABILITY ARISES FROM PRVT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Your Conduct
In using our Site, whether as a Host User or as a Guest User, you will have the opportunity to interact with hosts and fellow invited guests. We require that all users maintain certain standards of respect and decorum when interacting with other users and with venues. In particular, in using our services and/or making arrangements for an event, including inviting guests and sending messages viewable by other users, you agree not to:
- upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials that are unlawful, harmful, threatening, embarrassing, abusive, discriminatory, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
- “stalk” or harass another;
- upload, post, publish, email, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through our Site;
- upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- act in a manner that negatively affects other users' ability to use our Site;
- interfere with or disrupt our Site or servers or networks connected to our Site, or disobey any requirements, procedures, policies or regulations of networks connected to our Site; or
- intentionally or unintentionally violate any applicable local, state, national or international law.
LEGAL TERMS
Agreement between Prvt Party and You
Introduction; Changes to Terms
This Site is operated by Prvt Party LLC referred to herein as (“Prvt Party,” “us,” or “we”). Prvt Party offers this Site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use. Your use of this Site constitutes agreement to all of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE SINCE THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE SITE. By using the Site, you represent and warrant that you are at least the age of majority in your state of residence. If you are not the age of majority in your state, you do not have permission to use the Site without parental consent.
Prvt Party reserves the right, at any time and in its sole discretion, to change these Terms of Use in whole or in part, by posting revised Terms of Use on this Site. Where practicable, we shall provide you with thirty (30) days’ notice of any material changes to this Site. You are responsible for reviewing, agreeing to, and complying with the Terms of Use in effect at the time you use this Site. Your continued use of this Site constitutes acceptance of the Terms of Use then in effect. You understand and agree that Prvt Party may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.
Access to this Site
We will provide access to the Site to our users, including Host Users and Guest Users, their affiliates, and their respective employees, contractors, and/or bona fide existing or potential representatives authorized to use our services. We provide such access through unique logon identifiers and passwords (collectively, the "Logon"). You will: (a) be responsible for the security and/or use of your Logon; (b) not disclose such Logon to any person or entity; (c) not permit any other person or entity to use your Logon; (d) immediately notify us of any known or suspected unauthorized use of a Logon or any other breach of security; and (e) use the Site in accordance with the terms and conditions of these Terms of Use. You are further responsible for all activities and all actions taken with or within your Logon, and we will not be liable for any loss or damage arising from any unauthorized use of your Logon credentials. We may revoke access, in our sole discretion, to any Logon that violates these Terms of Use or otherwise utilizes such credentials to disrupt or otherwise harm our Site, our computer systems or the computer systems of others.
Information on this Site
Prvt Party has not had the opportunity to visit and/or evaluate each of the venues available through its Site; accordingly, while Prvt Party has no reason to believe any venue available through the Site is inappropriate for its proposed use, Prvt Party makes no express or implied representation or warranty about the accuracy, completeness, reliability, or timeliness of information provided on this Site. Rather, Prvt Party, like you, is relying on the various representations which have been made to it by the various venues. If such representations by the venues through the Site are not sufficient for your purposes or you desire further information, you should consult the venue itself or other primary sources of information that are more accurate, complete, reliable, and timely. You agree that you have responsibility to monitor changes to this Site. Prvt Party reserves the right to modify this Site at any time without notice, but does not undertake any responsibility to update or correct the Site.
Use of Site Content
This Site and all of its content are the exclusive property of Prvt Party and its licensors (including, as applicable, certain venues relating to their trademarks, etc.) and service providers. This includes, without limitation, all text, design, graphics, videos, logos, images, icons, downloads, interfaces, code, and software, and the selection and arrangement thereof. This Site and all of its content are protected individually and as a compilation by copyright, trademark, and other applicable laws of the United States and other countries, and Prvt Party reserves all its rights thereunder. All trademarks, service marks, trade dress, and logos on this Site are the property of Prvt Party or their respective owners (such as venues which are allowed to place their brands and/or logos on the Site or the applicable pages thereof for marketing and/or promotional purposes). Nothing on this Site shall be construed as granting any license or right to use any trademark, service mark, trade dress or logo without the owner’s prior written permission, except as otherwise expressly stated herein. Prvt Party makes no warranty or representation that your use of this Site will not infringe rights of third parties.
Prvt Party allows Site users to access, download, print, and copy the material contained on this Site for their use in connection with our services, provided that such use must be limited to what is reasonably necessary for such purposes, and that users must not modify or delete any copyright, trademark, or other proprietary notice on such material. Prvt Party expressly prohibits any other use of content of this Site, including without limitation copying, uploading, modifying, distributing, publishing, transmitting, reverse engineering, selling, licensing, or creating derivative works from any content of this Site or the Prvt Party services described herein. Any use of content of this Site for purposes competitive to Prvt Party is expressly prohibited. Prvt Party also expressly prohibits any use of any hardware, device, software, or routine to damage or interfere with this Site or its operation or to gain unauthorized access to any hardware, software, system, or data.
Prvt Party prohibits anyone from framing this Site or its content or using our Site content or proprietary marks as meta tags, except with our prior written consent. This prohibition covers all framing and “hidden text” techniques and technology.
Materials You Submit
Your use of this Site constitutes acknowledgement that you are responsible for any material you submit via this Site in any manner. Your responsibility includes without limitation assuring the legality, ownership of and truthfulness of and intellectual property and other rights to the information you submit. You may not submit false or misleading information about your identity or contact addresses or the origin of the material you are submitting, including when registering and submitting content using the Site. You are prohibited from submitting, uploading, publishing, or otherwise distributing in connection with this Site any content that (i) may violate any law or give rise to liability; (ii) may violate or infringe on the rights of any party, including without limitation intellectual property rights and rights to privacy; (iii) is false, fraudulent, libelous, defamatory, obscene, sexually oriented, profane, threatening, harassing, abusive, or otherwise objectionable; (iv) is confidential or proprietary to a third party without their authorization; or (v) may contain malware, spam, commercial content, political campaigning, or chain letters.
Submission of personal information to Prvt Party or its service providers and use of that information by Prvt Party are subject to the Privacy Policy posted on this Site. By submitting any material to Prvt Party via this Site, you are granting Prvt Party and its affiliates an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, display, publish, reproduce, modify, adapt, translate, distribute, and create derivative works from such material throughout the world in any media. You further agree that Prvt Party and its affiliates are free to use any ideas, concepts, or know-how (“Improvements”) specifically regarding the services provided on the Site that you or individuals acting on your behalf provide to us. You grant Prvt Party and its affiliates in their discretion the right to use the name you submit in connection with such Improvements. With respect to all material you submit, you represent and warrant that (i) it is accurate; (ii) you own or otherwise control all the rights to it; (iii) its use does not violate any provision of these Terms of Use; (iv) its use will not cause injury to any person or entity; and (v) you will indemnify and hold harmless Prvt Party, its affiliates, and its respective directors, officers, members, managers, shareholders, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers for all claims resulting from it.
Links
As a convenience to you, this Site may contain links to other sites operated by Prvt Party, its affiliates, or third parties. Different terms and conditions may apply to your use of linked sites. Prvt Party is not responsible for the content, security, operation, or use of any linked sites operated by others or the services that may be offered or obtained through those sites. Inclusion of links to other sites should not be viewed as recommendation, approval, or endorsement of those sites or their content by Prvt Party. Prvt Party is not responsible for any harm, loss, damages, or other liabilities incurred as a result of your use, purchase of goods, services, or any resources, content or other transactions made in connection with linked sites. Please review carefully any such third party’s policies, practices and related terms and conditions of service and make sure you understand them before you engage in any transaction.
Disclaimers
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRVT PARTY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTIES REGARDING TITLE AND NONINFRINGEMENT; AND (III) ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. PRVT PARTY MAKES NO REPRESENTATION OR WARRANTY THAT (A) THIS SITE OR ANY TECHNOLOGY ASSOCIATED WITH IT WILL BE SECURE OR FREE FROM MALWARE; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, OR TIMELY; OR (D) USE OF INFORMATION OR MATERIALS ON THIS SITE (OTHER THAN REPRESENTATIONS AND WARRANTIES FROM THE VARIOUS VENUES ON WHICH BOTH WE AND YOU RELY, AS DISCUSSED ABOVE) WILL BE ADEQUATE, USEFUL, RELIABLE, OR SUITABLE FOR ANY PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION YOU MAY OBTAIN FROM PRVT PARTY OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION FROM UPLOADING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES. IN SUCH A JURISDICTION, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING: (I) THIS SITE IS MADE AVAILABLE TO YOU IN CONNECTION WITH OUR SERVICES AND SUBJECT TO THESE TERMS AND CONDITIONS; (II) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE; (III) USE OF THIS SITE IS AT YOUR OWN RISK; (IV) ANY INFORMATION YOU SEND OR RECEIVE MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; AND (V) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS EXECUTED BETWEEN US, NEITHER PRVT PARTY, NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, OR BOOKINGS MADE OR CANCELLED ON THIS SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR INFORMATION ON THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR ANY DELAY OR INABILITY TO USE THIS SITE, OR FROM ANY INFORMATION OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, THE REMOVAL OR DELETION OF ANY MATERIALS POSTED ON OR SUBMITTED TO THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, RELIANCE ON CONTENT, USER SUBMISSIONS, AND/OR OTHER SUBMISSIONS ON OUR SITE, OR ANYTHING OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PRVT PARTY, ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, INTERRUPTION, DELETION, DELAY, MALWARE, DATA CORRUPTION, OR NETWORK OR SYSTEM OUTAGE RELATING TO THIS SITE. THIS DISCLAIMER ALSO APPLIES TO ANY TANGIBLE OR INTANGIBLE LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OF YOUR OR ANY THIRD PARTY’S PROFITS, AND ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PRVT PARTY, ITS AFFILIATES, AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY ACTS OF ANY THIRD PARTY IN CONNECTION WITH THIS SITE, INCLUDING WITHOUT LIMITATION ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USER OF THIS SITE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THIS SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Prvt Party, its affiliates, and each of their respective directors, officers, members, managers, shareholders, employees, contractors and subcontractors, agents, licensors, service providers, and suppliers (collectively, the "Indemnified Parties") from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Site or any violation of these Terms of Use. If you directly or indirectly cause a technical disruption of the Site or the systems making the Site available to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Prvt Party reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Prvt Party in the defense of such matter.
Release
ALL USERS OF THE SITE ACKNOWLEDGE AND AGREE THAT PRVT PARTY AND EACH OF THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. PRVT PARTY AND EACH OF THE INDEMNIFIED PARTIES RESERVE THEIR RIGHTS TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.
Jurisdiction and Applicable Law
These Terms of Use and your use of this Site are governed by such laws or by the laws of the United States and the State of New York. By using this Site, you irrevocably consent to the jurisdiction of the courts located in the State of New York, New York County for any action arising out of or relating to use of this Site or to these Terms of Use.
We recognize that this Site may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of New York. Users should be aware that data related to this Site is hosted in the United States. Because we cannot practicably prevent users in different jurisdictions from accessing the Site, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of this Site or any of its content, this Site is not intended for you, and we ask you not to use it. Any offer of services made on the Site is void where prohibited.
You acknowledge and agree that licensed materials found on this Site are subject to the U.S. Export Administration Laws and Regulations. Diversion of such licensed materials contrary to U.S. law is prohibited. You agree that none of the licensed materials, nor any direct product therefrom, is being transferred, directly or indirectly, to proscribed or embargoed countries or their nationals. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Prvt Party, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export the licensed materials as may be required.
Any of our technology for or on behalf of the United States of America, its agencies and/or instrumentalities (”U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable.
Entire Agreement, Admissibility, and Severability
These Terms of Use and any policies or operating rules posted on this Site constitutes the entire agreement and understanding between Prvt Party and you with respect to the subject matter thereof and supersede all prior or contemporaneous oral or written communications or proposals between Prvt Party and you with respect to such subject matter; provided that any written contractual agreement with Prvt Party in connection with provision of any services supersedes any contrary information on this Site. You agree and acknowledge that your use of this Site does not make Prvt Party your agent for any purpose, and that no agency, partnership, joint venture, or similar relationship exists, or is intended to exist between you and us by virtue of your use of this Site or the content thereof. You agree that, except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. A printed version of these Terms of Use shall be admissible in any judicial or administrative proceeding based on or relating to this Site or its use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms of Use is determined by a competent court with jurisdiction in the matter to be invalid, unenforceable, or void pursuant to applicable law, that determination shall not invalidate or void the remainder of these Terms of Use, and the parties agree and intend that these Terms of Use shall be amended by changing the offending provision only as far as is necessary to make it valid, legal, and enforceable while preserving its intention or, if such modification is not possible, the parties will substitute another provision that is valid, legal, and enforceable to achieve, as far as possible, the same results between the parties.
Termination or Restriction of Access
Prvt Party reserves the right to remove or bar any person from this Site and prevent anyone from uploading or downloading materials to or from this Site, without notice and in Prvt Party’s sole discretion. Prvt Party also reserves all other rights it may have, including without limitation the right to seek any other relief to which Prvt Party may be entitled by law or in equity.
No Waiver
You agree that any failure by Prvt Party to enforce any provision of these Terms of Use or respond to a breach by you or another party does not in any way waive our right to enforce subsequently any provision of these Terms of Use or any right of Prvt Party or to act with respect to similar breaches.
Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked to without authorization in a way that constitutes copyright infringement, please provide notice to our Chief Operating Officer at [email protected]. Your notice should include the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the Prvt Party Site that is requested to be removed; (iii) your name, address, daytime telephone number, and email address so that we may contact you if necessary; (iv) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notice is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright and submit the statement.
Contact Us
If you have any questions or comments about these Terms of Use or this Site, you may contact us using any of the following methods:
Email: [email protected]
Mail or Courier:
Prvt Party LLC
584 Broadway, Suite 503
New York, NY 10012Last updated: February 4, 2019