Terms and Conditions
By visiting partykids.ca and any related Party Kids web properties (hereafter, “our services”), you accept and agree to the following terms and conditions. In addition, when using our services, you shall be subject to posted guidelines or rules applicable to such services. If you do not want to be bound by this agreement, please discontinue using services.
- All contents of our services are the property of Party Kids and are copyrighted, unless otherwise indicated. Reproduction or re-publication of any content from our services without explicit written authorization from Party Kids is strictly prohibited and may result in claims for damages and/or criminal action.
- Information presented on our services is of general interest only. Although we endeavor to ensure the accuracy of information and materials found on our websites and their files, we neither warrant nor guarantee whatsoever that content on this site nor any third party site that links to our services is accurate, appropriate, complete, suitable nor truthful under the law. Information in listings regarding vendors or service providers are provided by the vendors or service providers themselves as paid advertising. They are presented as a general guide only. While our online services contain information, blogs and articles with general advice, readers are advised to undertake their own investigations and obtain any independent advice that may be necessary or appropriate, and come to their own conclusions. Party Kids is not responsible for any costs, damages or other matters that occur as a result of reliance on the material contained herein. The opinions expressed herein are not necessarily those of Party Kids.
- Any and all use of information or materials on this website and related services is done at your own risk. Information presented on our services is not intended to replace the informed professional counsel of qualified experts. In particular, when considering personal issues related to medical or financial areas, we ask that you consult the appropriate professionals for their guidance.
- This website includes links to other websites. These links are provided for your convenience and do not in any way signify that we endorse the website(s) linked to, nor do we bear any responsibility for of the information contained on any third-party websites.
- You agree that any registration information you provide Party Kids will always be accurate, correct and up to date and that you are responsible for the accuracy and correctness of this information.
- You agree that you are solely responsible for (and that Party Kids has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Party Kids may suffer) of any such breach.
Party Kids provides users with access to a network of services
Dealings with advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Party Kids shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our services.
Links: Our services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Party Kids has no control over such sites and resources, you acknowledge and agree that Party Kids is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Party Kids shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of warranties: You expressly understand and agree that:
- Your use of our services is at your sole risk. Our services is provided on an ‘as is’ and ‘as available’ basis. Party Kids expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability Fitness for a particular purpose and non-infringement.
- Party Kids makes no warranty that (i) our services will meet your requirements, (ii) our services will be uninterrupted, timely secure, or error-free, (iii) the results that may be obtained from the use of our services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased, or obtained by you through our services will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained using our services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information whether oral or written, obtained by you from Party Kids or through or from our services shall create any warranty not expressly stated in the Terms of Conditions.
Limitation of warranty: You expressly understand and agree that Party Kids shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if our services has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our services; (ii) the cost of procurement of substitute good and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our services; or (v) any other matter relating to our services.
User-submitted content terms/conditions
Users
- Features are available to all users aged 18 years or more who have a personal, registered user account. No person can claim a right to registration.
- In order to submit content to our services, you need to create a user account. To create an account, you must submit certain requested information, including a correct email address. When such registration information is requested by our services, the information you provide must be true, accurate, current, and complete.
- You are responsible for any activity and charges that occur under your user account. You may not transfer your account.
- You are responsible for keeping your user account password secure and for notifying Party Kids immediately of any breach of security or unauthorized use of your user account.
- You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on our services and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
Our services allow users to create user reviews and other user-submitted content, based on prompts from our services (e.g. user review questions) and from the personal experiences and recollections of users. In this Agreement we refer to all of this Content provided by Users as “User Content”.
In order for Party Kids to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote our services, we need the right to make use of such User Content in accordance with and subject to this Agreement.
Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which our services from time to time permits User Content to be used, and to license or permit others to do so.
This license also grants us the right to sublicense that User Content to other Users (including paid advertisers) to permit their use of that User Content in the manner in which our services from time to time permits User Content to be used.
Use of user content by Party Kids
Party Kids reserves the right to use all User Content for whatever purposes deemed fit, including use in printed materials, promotional materials, websites, internet applications and any other of our services, at our sole discretion.
- We may from time to time change the manner in which User Content can be used by our services, and if we do so any license you have granted to us under this Agreement shall automatically be extended to new uses permitted by our services, and any licenses previously granted to us for uses no longer permitted by our services shall continue in accordance with this Agreement. If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used.
- You may at any time, on written notice to us, terminate your use of the Site and this Agreement, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or our services. For example, if at the time of your termination any User Content you have contributed to the Site is used by Party Kids, or has been printed by any other user or paid advertiser for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for publication and distribution in print, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminated immediately.
- You represent and warrant to Party Kids that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to our services as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by our services and this Agreement.
User-submitted content behavioral codex
User submitted content, including reviews, forum posts, social media interactions and all other forms of user content should be used solely for the purpose of constructive, objective, and non-defamatory exchange of opinions.
- All users undertake to treat other users including paid advertisers with respect and to refrain from attacking, annoying, insulting, offending or disconcerting them in any other way whatsoever.
- Each User undertakes to act in a fair and trustworthy way and, in particular, to refrain from culpably deceiving or damaging other users, including paid advertisers and others.
- Users are prohibited from engaging in activities aimed at sabotaging or otherwise interfering with our services and, in particular, from taking any action capable of affecting the physical or electronic structure of this website, its features or any other part of our services.
- You are solely responsible for your conduct on this site and all other of our services, and use of our services, and for any content, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.
- You must not abuse, harass, threaten, impersonate or intimidate other users of our services.
- You may not use our services for any illegal or unauthorized purpose. International Users agree to comply with all local (Canadian) laws regarding online conduct and acceptable content.
- You must not create or submit unwanted email or other messages to any Users of the Site.
- You may not collect or harvest any personally identifiable information, including account names, from the site or other of our services.
You may not use our services to upload, transmit or link to prohibited content. Party Kids has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to our services may be subject to examination from time to time. Although Party Kids does not and will not examine or otherwise review all Content submitted or transmitted to our services, Party Kids may delete, move, and edit Content for any reason, at any time, without notice.
Party Kids reserves the right to withhold or remove User Content from the Site at any time, without notice, for any reason, or for no reason, in its unilateral discretion.
This applies in particular to any user content that:
- – is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, insulting, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate
- – is offensive or inciting violence in any form
- – comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein
- – violates or otherwise encroaches on the rights of others
- – contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise our services advocates illegal activity harms anyone, including minors
- – provides a link to any of the above.
For more information related to your use of this website, please email us at info@partykid.ca.