Website Terms of Use:
Website Terms of Use
1. Acceptance of Terms
By using or visiting a Party Central website (the "Website"), you agree
to these
terms and conditions (the "Terms").
Party Central may, in its sole discretion, revise these Terms at any
time
without advance notice to you. You are bound by such revisions by
continuing to use or visit the Website after they are posted online.
2. Party Central Website
These Terms apply to all users of the Website, including users who
contribute content to the Website. The Website may contain interactive
areas designed to allow you to post content on the Website and/or
comment, including by commenting on our blogs. The use of these
features is additionally governed by the Code of Conduct.
The Website contains a WHOIS search engine that permits you to search
for registrant information for particular .ca domains. The use of the
WHOIS search engine is additionally governed by the WHOIS Terms.
The Website contains a listing of published domain name dispute
decisions. The use of the domain name decisions is additionally
governed by the Domain Name Dispute Resolution Decision Terms.
The Website may contain links to third party websites that are not
owned or controlled by Party Central. The links to the third party
websites are
provided for your convenience, and the inclusion of the links does not
imply approval or endorsement of the third party websites by Party
Central. Party Central
has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites.
3. Deposits
All booking fees ("deposits") are non-refundable. We will add: even in
the case of a Corona ("COVID") cancelation. If a new date
is scheduled, we start
from the beginning again (new booking fee and agreement). For
cancelations for other reasons, see our hold harmless below. Even
if a deposit is deemed refundible, our time (phone, e-mails, etc) to
research will be charged at $100 per hour minimus, and deducted from
said deposit.
4. Ownership of Website Content
As between you and Party Central, Party Central owns all intellectual
property rights,
including without limitation copyright and trade-mark rights, in all
materials on or comprising the Website (“Content”), including, without
limitation, all written, audio visual or other materials and graphical
elements on the Website.
5. User Content; Privacy
By e-mailing or phoning this Website, you automatically grant Party
Central a
worldwide,
non-exclusive, royalty free, license to use, reproduce, modify,
translate into different languages or formats, and publish such User
Content on the Website for the purpose of sharing the User Content with
users and visitors of the Website and to promote the Website. You
represent and warrant that you own or have the rights to use and
license Party Central to use the User Content in the manner
contemplated by the
Website and these Terms.
By accessing and/or using the Website, you may provide us with personal
information as described in our Privacy Policy. You acknowledge that
you have read and understood our Privacy Policy, which governs the
collection, use, storage and disclosure of such personal information.
6. DISCLAIMER
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND
CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT. PARTY CENTRAL DOES NOT WARRANT
THAT THE
WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WITHOUT LIMITING THE FOREGOING, PARTY CENTRAL DOES NOT WARRANT OR MAKE
ANY
REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE
OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE
CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
PARTY CENTRAL MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE
WEBSITE AT
ANY TIME. PARTY CENTRAL MAKES NO WARRANTIES THAT YOUR USE OF THE
CONTENT WILL
NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
7. LIMITATION OF LIABILITY
PARTY CENTRAL, ITS EMPLOYEES, AGENTS, SUBCONTRACTORS, OFFICERS AND
DIRECTORS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN
CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V)
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE
LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF PARTY CENTRAL HAS
BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. ANY ENTERTAINER WHO DOES NOT SHOW, FOR
ANY REASON (ILLNESS, DEATH,
OVERBOOKING, CORONA, CAR TROUBLE, ON ARY OTHER REASON) - WE ARE ONLY
RESPOENSIBLE FOR THE REFUND OF YOUR BOOKING FEE(S). THIS WILL VOID ANY
CONTTRACT, AS IT IS NOT BOUND WITHOUT A BOOKING FEE OR DEPOSIT, AND
WILL BE DISMISSED AND PARTY CENTRAL HELD HARMLESS.
YOU SPECIFICALLY ACKNOWLEDGE THAT PARTY CENTRAL, ITS EMPLOYEES, AGENTS,
SUBCONTRACTORS, OFFICERS
AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PARTY CENTRAL, ITS
EMPLOYEES,
AGENTS, SUBCONTRACTORS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND
ALL CLAIMS,
DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT,
ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND
ACCESS TO THE WEBSITE; (II) ANY ENTERTAINER WHO DOES NOT SHOW, FOR ANY
REASON (ILLNESS, DEATH,
OVERBOOKING, CORONA, CAR TROUBLE, ON ARY OTHER REASON) - WE ARE ONLY
RESPOENSIBLE FOR THE REFUND OF YOUR BOOKING FEE(S). THIS WILL VOID ANY
CONTTRACT, AS IT IS NOT BOUND WITHOUT A BOOKING FEE OR DEPOSIT, AND
WILL BE DISMISSED AND PARTY CENTRAL HELD HARMLESS. (III) YOUR VIOLATION
OF ANY THIRD PARTY RIGHT,
INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT;
(III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER
CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS
DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND
YOUR USE OF THE WEBSITE.
9. You Contractually Agree to a Class Action Waiver: Except as
otherwise required under applicable law, You agree that you will not
assert class action or representative action claims against this
website, its owners, users, or representatives, whether in arbitration
or otherwise, which actions are hereby waived; and you shall only
submit your own, individual claims and will not seek to represent the
interests of any other person.
10. You Contractually Agree that: (i) this Website shall be deemed
solely based in the country of Jersey; and (ii) this Website shall be
deemed a passive website that does not give rise to personal
jurisdiction over this website, either specific or general, in
jurisdictions other than the country of Jersey. Unless prohibited by
local law, these Terms of Service shall be governed by the internal
substantive laws of the Country of Jersey, without respect to its
conflict of laws principles. Unless prohibited by local law, any claim
or dispute between you and this website that arises in whole or in part
from this Website shall be decided exclusively by a court of competent
jurisdiction located in the country of Jersey.
11. Miscellaneous
You affirm that you are either more than 18 years of age, or possess
parental or guardian consent to agree to these Terms and access and use
the Website, and are otherwise fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms, and to abide by and comply with
these Terms.
These Terms will be governed by and construed in accordance with the
laws of the Province of Ontario, Canada, without giving effect to its
conflict of laws provisions. You agree to submit to the personal and
exclusive jurisdiction of the courts located in the Province of
Ontario, Canada. The Website is physically maintained and operated by
Party Central from the Province of Ontario.
You may not assign these Terms or assign any rights or delegate any
obligations under these Terms, in whole or in part, whether voluntarily
or by operation of law, without our prior written consent.
These Terms constitute the entire agreement between you and Party
Central with
respect to the subject matter and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral,
regarding such subject matter. If for any reason a court of competent
jurisdiction finds any provision or portion of the Terms to be
unenforceable, the remaining provisions of the Terms will continue in
full force and effect.
In the event of any inconsistency between the English and French
versions of these Terms, the English version shall govern.
12. Code of Conduct
a. You may not use the Party Central Website for any illegal or
unauthorized
purpose. In addition to the laws of the Province of Ontario, Canada,
and Alberta, Canada,
you also agree to comply with all local laws that apply to your use of
the Website. This is also applicable for al Provinces and Territories
in Canada, or if you are browsing from any other country.
b. You may not use the Website in any manner which could disable,
overburden, damage, or impair the Website, Party Central’s servers or
computer
network, or interfere with any other party's use and enjoyment of the
Website.
c. You agree that you are responsible for your own conduct and
communications while using the Website and for any consequences of that
use. By way of example, and not as a limitation, you agree that when
using the Website, you will not:
- post or upload any inappropriate, promotional, defamatory,
destructive,
obscene, or unlawful content;
- defame, abuse, harass, stalk, threaten or otherwise violate the
legal
rights (such as rights of privacy and publicity) of others;
- post or upload any User Content that infringes any patent,
trademark,
copyright, trade secret or other intellectual property right of any
party;
- impersonate another person, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of any content;
- use the Website in connection with surveys, contests, junk
email,
spamming or any duplicative messages (commercial or otherwise);
- use any robot, spider, site search/retrieval application, or
other
device to retrieve or index any portion of the Website to collect
information about other users or domain names;
- upload anything that contain bugs, viruses, trojan horses,
worms, or any
other similar software or programs that may damage the operation of the
computer or property of another; or
submit User Content that falsely expresses or implies that such User
Content is sponsored or endorsed by any party where it is not sponsored
or endorsed by such party.
d. While Party Central prohibits such conduct and User Content in
connection
with the Website, you understand and agree that nonetheless you may be
exposed to such conduct or User Content and that you use the Website at
your own risk.
e. Party Central reserves the right to monitor use of this Website to
determine
compliance with these Terms. Although Party Central does not read,
review, vet
or otherwise assess User Content in advance of its posting, Party
Central
reserves the right to remove any User Content and/or terminate your
Party Central User Account without notice for breach or for any other
reason.
F. Party Central makes frequent changes onthis site, and mmay include
this page. It is the custemer's responsibility to keep up to date, no
Party Central's responsibility to e-mail all 133,000+ of our Clients of
said changes.
13. Internet content
Party Central's web content is copywritten, however without our
knowledge or consent, people post parts of our content on their sites.
We have no control over this, and unless infringement is done, we don't
spend the time or legal fees to have our customers remove the content
- especially since it was part of their spcial day. We "let it go" in a
sense. Furthermore, we don't afford the time to keep this web site
up-to-date.
Updated 31 March 2021