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Terms of Use for PartyHound® Media

Terms of Use for PartyHound® Media, hereafter also referred to as: PartyHound.com, PartyHound®, and PartyHound® Media Company. This Terms of Use may be updated without notice.

You understand and agree that this website, PartyHound.com, and its related websites are provided “AS-IS” and that PartyHound® Media assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to Partyhound.com and/or its related websites.

In consideration of your visiting Partyhound.com and our related websites, you represent that you are able to form a binding contract. You also agree that any information you provide about yourself or your business is accurate and complete at the time provided. You agree to update any information provided to PartyHound® to keep it accurate and complete. Failure to do so is reasonable grounds for PartyHound® to suspend or terminate your account and refuse service in the future.

PartyHound® is concerned about the safety and privacy of all its vendors and members. Information and data provided by you are subject to our Privacy Policy.

Certain names, logos, and/or phrases published on Partyhound.com and our related websites may constitute trademarks and/or copyrights of PartyHound® or its clients. The name “PartyHound®” and the contents of this website are the sole property of PartyHound® Media. Reproduction in whole or in part is strictly prohibited without our express written permission.

None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for your personal use. This copyright extends from original PartyHound® material, to the raw compilations of posts and articles in our folders, to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on Partyhound.com and its related websites is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of PartyHound® Media is prohibited.

PartyHound® reserves the right to republish any material contributed by our readers. By posting an article, comment, or a message, a writer expressly grants the right to PartyHound® to republish or sell the article, posting, or message as part of any edited compilation. Material that is copyright protected may not be submitted without permission from the copyright owner. It is impossible for us at PartyHound® to know if a posting represents a copyright infringement. Please remember you are responsible for the material you submit to PartyHound® including taste, reliability, originality and copyright. Author(s) may be held legally responsible for copyright infringement, defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted/published by PartyHound® Media. You are responsible for ensuring that your message, article, or posting does not violate any copyrights.

PartyHound® will have a nonexclusive global license to publish the content submitted by users and contributors within Partyhound.com and its related websites. PartyHound® will also have global nonexclusive adaptation and resale rights over any content and material submitted by users and contributors within PartyHound® Media’s websites. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted “for publication” within PartyHound® and its websites. PartyHound® and The PartyHound® staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on our websites or for any results obtained from the use of such information or advice. PartyHound® will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained from visiting Partyhound.com or any PartyHound® Media related website.

Given the interactive nature of our content areas the staff of PartyHound® Media, contractors we hire, and our users will all generate content. We can control our staff members’ and contractors’ contributions; however, we are not able to edit and ensure the accuracy of all the content generated by our users, many of whom may use anonymous screen names and with whom we have no official relationship.

Therefore, PartyHound® members, vendors, users, and contributors should handle the information generated by fellow users with caution. There is great advice and information on Partyhound.com and its related websites, but PartyHound® Media cannot guarantee the accuracy, efficacy, or veracity of any information provided by fellow users.

PartyHound® cannot guarantee that all content and materials that appear on Partyhound.com is not infringing on any registered or non-registered copyrights. On any given day, new information may appear on Partyhound.com and its related websites and other media, and it is humanly impossible to verify that all of this information is free of copyright infringement.

Online behavior requires common sense and basic etiquette. Accordingly, here are some rules that you agree to follow:

  • No strong, vulgar, obscene, or otherwise harmful language.
  • No racially, ethnically or otherwise, objectionable language.
  • No harassing, intimidating, stalking, or threatening other community members.
  • No libelous, defamatory, or otherwise tortuous language.
  • No online vandalism. This includes using abusive language and repeatedly hitting the return key in the chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
  • No impersonating any person, including, but not limited to, other community members, contractors, or employees of PartyHound® Media.
  • No posting, distributing, transmitting, or promoting illegal content.No invasion of another’s privacy.
  • No actions that are harmful to minors.
  • No manipulation or forging of identifiers in order to disguise the origin of any information posted on the PartyHound® website or other PartyHound® Media websites or otherwise provided to PartyHound® or its employees.
  • No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
  • No posting, providing, transmitting, or otherwise making available any junk mail or spam.
  • No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
  • No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
  • No collecting, storing, or posting of personal data about or of other community members.
  • No soliciting of any kind on message boards or in the chat room.
Content from PartyHound.com, and its related websites, including but not limited to any member or vendor profile information such as member/vendor names, email addresses, contact information, or personalized information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to PartyHound® vendors may constitute misrepresentation, misappropriation of PartyHound® Media’s business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which PartyHound® shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs. Notwithstanding the foregoing, PartyHound® members may link to this website, but only in strict accordance with our terms and conditions for linking.

PartyHound® reserves the right to make modifications and changes to its terms of use, privacy policy, and website content. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through PartyHound® (or any part thereof) with or without notice. You agree that PartyHound® shall not be liable to you or to any other party for any changes and modifications as described in this paragraph.

You agree that, under certain circumstances and without prior notice, PartyHound® may terminate your access to Partyhound.com and its related websites, including purging your member account and any material and information associated with your member account (including your user name, password, registry and profile). You acknowledge and agree that all terminations for cause shall be made in the sole discretion of PartyHound®management and that PartyHound® and its staff and management shall not be liable to you or any other party for the termination of your access to our websites or the purging of any material.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF partyhound.com IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PartyHound® MEDIA 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.

PartyHound® ENTERPRISES MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN Partyhound.com AND ITS RELATED WEBSITES THROUGH PartyHound® MEDIA COMPANY IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PartyHound® MEDIA OR FROM ANY SERVICE LISTED ON Partyhound.com OR ITS RELATED WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PartyHound® MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF PartyHound® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that PartyHound® may access, maintain, and disclose information you provide to PartyHound® Media if required to do so by law or if PartyHound® Media, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce PartyHound® Media Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of PartyHound® Media, its vendors, members, users, partners, associates, clients, and the general public.

You agree to indemnify and hold harmless PartyHound® Media, its subsidiaries, affiliates, directors, officers, agents, management, staff, vendors or other partners, clients, partners, associates, and employees, from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you, or by your use of PartyHound.com, or its related websites, or by your violation of PartyHound® Media company’s Terms of Use, or your violation of the rights of another.

The Terms of Use constitute the entire agreement between you and PartyHound® Media and govern your use of our websites and any services offered in our websites. This agreement supercedes any prior terms of use or terms and conditions agreements between you and PartyHound®

This Terms of Use and the relationship between you and PartyHound® Media shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and PartyHound® Media agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Durham, North Carolina.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

The failure of PartyHound® Media to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the other terms and provisions shall remain in full force and effect.

You agree that PartyHound® member and vendor accounts are non-transferable and any rights to your account or contents within your account terminate upon your death.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided on our websites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.