The services of
PartyKarma.com (the "Services") are provided to you by PartyKarma,
Inc. ("PartyKarma") and include but are not limited to the following:
web based services helping adults to meet each other online ("Web
site") through posting and accessing of personal profiles
("Profiles"), the use of PartyKarma email system ("Email
system") and generating and attending events ("Events") through
PartyKarma event generating system. By creating a profile in our
system you become a registered member ("Member") and gain access to a basic
functionality of the Website.
This legal agreement
("Agreement") between you and PartyKarma sets out the legally binding
terms for your membership, use of the Web site and Email system, use of Event
generating system and participation in Events. PartyKarma from time to time may
modify this Agreement, such modifications are effective upon posting by
PartyKarma on the Web site.
This Agreement includes
PartyKarma.s Privacy Policy and any notices regarding the Web site.
Please read the Agreement
carefully before registering for the Service. By completing your registration
you agree to be bound by
the terms and conditions of this Agreement (the "Terms") for as long
as you continue to be a Registered Member.
You must be twenty one
years old or over to register with the
Web site and to use any services provided by PartyKarma. Membership in the
Service is void where prohibited. By using this Web site, you represent and
warrant that you have the right, authority, and capacity to enter into this
Agreement and to abide by all of the terms and conditions of this Agreement.
This Agreement will
remain in full force and effect while you use the Web site as a Member. Either you or PartyKarma may terminate your use of
the Web site and/or services at any time, for any reason, without explanation,
effective upon sending written notice to the other party. PartyKarma reserves
the right to immediately suspend or terminate your access to the Services,
without notice, upon any breach of this Agreement by you which is brought to
our attention. In the event your access to the Service is suspended due to
the breach of this Agreement, you agree that all fees then paid to the Company
by you shall be nonrefundable. Even after this Agreement is terminated, certain provisions
will remain in effect, including sections 3, 4, 5, 8, 9, 11 and 13-18 of this
Agreement.
PartyKarma Web site and
Services are presented for personal use by individual registered Members. These services may not be used for
commercial activities not related to the core functions of PartyKarma. Your use
of the Website and Services is subject to all applicable local, state, national
and international laws and regulations.
The
following is a partial list of conduct that is illegal and prohibited
at PartyKarma:
·
Use of the Web site or Services for any
illegal purposes
·
Use of the Web site to advertise or
solicit products or services to other members including but not limited to
contests, sweepstakes, and pyramid schemes
· Transmission of "chain letters", "junk
emails", mass mailing or "spamming"
· Transmission of material containing viruses, Trojan
horses, worms, spyware or any other harmful programs
·
Any activities aiming to interfere with
or disrupt PartyKarma networks or to gain unlawful entry to those networks
· Distribution or reproduction
in any way of any copyrighted material, trademarks, or other proprietary
information, such as pirated software programs, pirated music files and other
copyrighted material, without obtaining the prior written consent of the owner
of such proprietary rights.
· Conduct that may be construed offensive or harassing
to another person
· Conduct or transmission of materials that are
threatening, abusive, racist in nature or any activities promoting or
advocating hatred, violence, bigotry or physical harm against anyone
·
Distribution of instructional information
about illegal activities or any material encouraging conduct that could
constitute a criminal offense or otherwise violate any applicable local, state,
national and international law or regulation.
·
Distribution of any material exploiting
people under the age of 18 in a sexual or violent manner, or soliciting
personal information from anyone under 18
· Solicitation of information about other users,
including e-mail addresses, passwords or personal identifying information and using that
information for commercial or unlawful purposes.
PartyKarma reserves the
right to investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision.
Offending communication is subject to removal from the Service, the
membership of such violators is subject to immediate termination.
Users are able to create profiles
after they comply with the registration process. By posting your profile on our
site you make it available for viewing by all PartyKarma community. It is your
responsibility to keep your identification information undisclosed to other
users. You may not include in your profile any telephone numbers, street
addresses, last names, URLs or email addresses. You agree that content of your
profile should comply with our Acceptable and Proper Conduct policy. All
Content posted by you, is your sole responsibility. PartyKarma does not control
the Content posted by users such as yourself nor does it guarantee the
accuracy, integrity or quality of such Content. By using the PartyKarma Service
you understand and agree that you may be exposed to content posted by other
users that may be offensive, indecent or objectionable. Should violations in
content become reported to us, PartyKarma reserves the right to initiate proper
actions in case of such reported violations including but not limited to
termination of members and proper legal action.
We strongly encourage our
members to post at least one current photo with their profile. Pictures posted
in the regular area are accessible by all members. Each member is also given a
private picture area where they can post additional pictures of themselves not
intended for general viewing. Users should not upload any photographs that
contain contact information such as names, phone numbers, email addresses, or
web site URLs. Pictures that include images depicting people under the age of 18 are not allowed for posting. All photographs on PartyKarma are subject to review and, if
deemed by PartyKarma to violate this Terms Of Use agreement, are subject to
removal. Offensive content is not permitted in any form. By posting a
photograph you warrant and represent that you own all right, title and interest
to that photograph and to all images and likeness contained in that photograph
and you authorize PartyKarma to distribute that photograph as part of the
Service.
PartyKarma Email System is
available to all Members. When you create a profile you are given a private and
anonymous inbox to receive email messages from other Users who may want to
contact you, without you having to disclose your actual email address or other
information. You also gain ability to
send emails to other members. Our Email System also contains features that
allow you to block other users from contacting you if you choose. You are
solely responsible for keeping your personal information private. PartyKarma
reserves the right to restrict the number of emails which a Member may send to
other Members in any 24-hour period to a number that PartyKarma deems
appropriate in its sole discretion.
PartyKarma Event
Management System is available for exclusive use of PartyKarma members only.
Only members have a privilege to create, to RSVP to and to attend an event.
Events at PartyKarma come from two main sources: Member generated events and
System generated events.
Your participation in any
Events (private or public, Member Generated or System Generated) is at your
sole and exclusive risk. PartyKarma at its sole discretion may refuse
admittance or ask you to leave an Event at any time for any reason. You
understand that in connection with your participation in the Events, you may be
exposed to a variety of hazards and risks, foreseen or unforeseen, which are
inherent in activities such as the Events and cannot be eliminated without
altering the intended character of the Events. These inherent risks include,
but are not limited to, the dangers of serious personal injury, property
damage, and death ("Injuries and Damages") from exposure to the
hazards of public outings and activities and PartyKarma has not tried to
contradict or minimize your understanding of these risks. You understand that
Injuries and Damages can occur by natural causes or activities of other persons
or third parities, either as a result of negligence or because of other
reasons. You are personally responsible for all costs and/or risks associated
with any Event or Activity. Each Event begins and ends at the location where
the Event takes place and the Event does not include carpooling,
transportation, or transit to and from the Event, and you are personally
responsible for all risks associated with this travel to and from the Event.
Notwithstanding anything to the contrary herein, to the fullest extent allowed
by law, you agree to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY, and
to INDEMNIFY AND HOLD HARMLESS PartyKarma, its subsidiaries, affiliates,
officers, agents, and other partners and employees, from any and all liability
on account of, or in any way resulting from Injuries and Damages in any way
connected with the Events. You understand and intend that this assumption of
risk and release is binding upon your heirs, executors, agents, administrators
and assigns, and includes any minors accompanying you at the Events.
Use of the Website
and/or the Service is also governed by our Privacy Policy .
Members are responsible
for maintaining the confidentiality of their password and account as well as
any and all activities that occur under their account.
Members must promptly
inform PartyKarma of actual or apparent breaches of security, such as loss,
theft, or an authorized disclosure or use of a User Account or password. Until
we are notified by email of a breach in security, Member will remain liable for
any unauthorized use of the PartyKarma Service through their account.
PartyKarma offers monetary
compensation to its Users through Affiliate Program. To enroll in affiliate program please visit PartyKarma
Affiliate Program.
You expressly agree that
your use of PartyKarma is at your sole risk. PartyKarma Service is provided on
"AS IS" and "AS AVAILABLE" basis. All WARRANTIES OF ANY
KIND whether express or implied are EXPRESSLY DISCLAIMED.
PartyKarma does not
warrant that your use of the Service will be secure, uninterrupted, always
available, error-free or will meet your requirements, or that any defects in
the Service will be corrected. PartyKarma DISCLAIMS LIABILITY FOR, AND NO
WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE
SERVICE.
PartyKarma does not
guarantee the accuracy, completeness or usefulness of any information on the
Service. PartyKarma does not endorse nor accepts responsibility for the
accuracy or reliability of any opinion or statement made by any party other
then the Company. PartyKarma will not be responsible for any loss or damage
resulting from anyone.s reliance on content posted on the service or
transmitted between registered users.
PartyKarma makes NO
GUARANTEES, either express or implied, regarding the conduct of its Members or
Registered Users nor your ultimate compatibility with any current or future
Users/Members.
PartyKarma makes NO
GUARANTEES regarding the level of quality or safety of the venues or commercial locations where Events
take place.
PARTYKARMA SHELL NOT BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF
OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS,
SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE
COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO
CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION
WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR
YOUR ACCOUNT.
PARTYKARMA SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
AND/OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR
ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES
RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS/MEMBERS
OF PARTYKARMA, PERSONS INTRODUCED TO YOU BY THIS SERVICE OR OTHER PARTIES NOT
ASSOCIATED WITH PARTYKARMA THAT YOU MAY ENCOUNTER AT PARTYKARMA EVENTS.
You are solely responsible
for your interactions with other Members and Registered Users and agree to take
normal precautions when meeting individuals through the Service. PartyKarma
reserves the right, but has no obligation, to monitor disputes between you and
other Members/Registered Users.
If there is any dispute
about or involving the Website and/or the Service, by using the Website, you
agree that the dispute will be governed by the laws of the State of California
without regard to its conflict of law provisions. You agree to personal
jurisdiction by and venue in the state and federal courts of the State of
California, City of Los Angeles.
You agree to indemnify and
hold PartyKarma, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any losses, liability, claims, or
demands, including reasonable attorney's fees, due to or arising out of your
use of the Service in violation of this Agreement and/or arising from a breach
of this Agreement and/or any breach of your representations and warranties set
forth above and/or violation of any federal, state or local law or regulation.
PartyKarma owns and
retains proprietary rights in the Website and Service. The Service contains
copyrighted material, trademarks, and other proprietary information of
PartyKarma, its licensors and licensees. In addition, other Registered Users
/Members may post copyrighted information, which has copyright protection
whether or not it is identified as copyrighted. Except for that information
which is in the public domain or for which you have been given permission, you
agree not to copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information.
By posting information or
content to any public area of the PartyKarma, you automatically grant, and you
represent and warrant that you have the right to grant, to PartyKarma and its
Registered Users an irrevocable, perpetual, non-exclusive, fully-paid,
worldwide license to use, copy, publicly perform, publicly display and
distribute such information and content and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and
authorize sub-licenses of the foregoing.