Terms & Conditions
     
 

This internet website is provided by USA Party Services, Inc and its affiliates (collectively, USAPartyServices.com), along with its participating partners. By using this website, you thereby agree to be bound by the following Terms and Conditions (the “Terms”), in addition to the Terms and Conditions of our partners and affiliates. By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and USAPARTYSERVICES.COM that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at admin@usapartyservices.com. Your use of the Site and its services is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site, use the Service, or proceed to create an account.

PLEASE BE ADVISED THAT USAPARTYSERVICES.COM MAY REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME BY UPDATING THIS POSTING. SUCH REVISED TERMS AND CONDITIONS WILL TAKE EFFECT AS OF THE DATE OF SUCH POSTING.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

TERMS OF MEMBERSHIP
USAPARTYSERVICES.COM membership is available to you if you are at least 13 years of age and you submit certain requested information to USAPARTYSERVICES.COM, including but not limited to your full legal name, mailing address, phone number, and correct email address. In addition, by becoming a Member, you agree to provide USAPARTYSERVICES.COM with true, accurate, current and complete information about yourself when such information is requested by USAPARTYSERVICES.COM.

COPYRIGHT/MATERIAL USE
In becoming a member of USAPARTYSERVICES.COM’s website you are joining an online service for the purpose of disseminating information regarding you and your company’s services to the online public. The only way we can make your listing available to all visitors, however, is by USAPARTYSERVICES.COM having the right to make use of all content of your postings and by extension your company (in accordance with and subject to these Terms & Conditions). As such, as an express condition to your Membership, you hereby grant USAPartyServices.com a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to USAPARTYSERVICES.COM by you. You continue to remain the owner of all Content that you submit to USAPARTYSERVICES.COM, and as a condition to Membership, you represent and warrant to USAPARTYSERVICES.COM that you are the lawful owner of the copyright to any and all Content you submit to USAPARTYSERVICES.COM or that you have express, written permission from the copyright owner to submit such Content.

The compilation (i.e., the collection, arrangement and assembly) of all Content on this website is the exclusive property of USAPartyServices.com, or others, and is protected by U.S. and international copyright laws. All software used on this website is the property of USAPartyServices.com or its software suppliers and is protected by U.S. and international copyright laws.

The reproduction, modification, distribution, transmission, republication, display or performance of the Content on this website is strictly prohibited. Without USAPartyServices.com's prior written permission, you may not in any way mirror, modify or otherwise alter any files, sell, reproduce, rebroadcast, distribute, modify, display, publicly perform, prepare derivative works based on, repost, print, or otherwise use any of our Content for any purpose whatsoever, including, but limited to using our Content on any other website or in a networked computer environment. Except as otherwise indicated, you may view, electronically copy or print pages from this website for personal, non-commercial use solely for the purpose of transmitting or viewing the information.

In the event of any permitted copying, redistribution or publication of copyrighted material, all distribution must include the copyright notice (Copyright © 2009 by USAPartyServices.com/USAPartyServices, Inc. All rights reserved) and no changes in or deletion of author attribution, trademark legend(s) or copyright notice(s) shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from USAPartyServices.com may be copied or retransmitted without the express permission from USAPartyServices.com.

TRADEMARKS
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website are registered and unregistered trademarks of USAPartyServices.com and others. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on this website without the express, written permission of USAPartyServices.com or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, is strictly prohibited.

SUBMISSIONS
You hereby agree that any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans, products, services or other information that you submit to us relating to USAPartyServices.com by electronic mail or otherwise, shall be deemed as non-confidential and USAPartyServices.com shall be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

By submitting and/or posting Content to the website, you automatically grant to USAPartyServices.com a royalty-free, perpetual, unrestricted, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, display, modify, adapt, publish, edit, translate, distribute, transmit, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by USAPartyServices.com or licensed to others by USAPartyServices.com for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. You also agree that USAPartyServices.com is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

USAPartyServices.com respects the intellectual property rights of others. Accordingly,
USAPartyServices.com has the right to terminate the account of any USAPartyServices.com user who posts infringing material on the USAPartyServices.com site. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Author(s) may be held legally responsible for defamation or invasion of privacy, as well as any damages arising out of actions resulting from materials submitted by you and posted by USAPartyServices.com. USAPartyServices.com does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. USAPartyServices.com does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If USAPartyServices.com becomes aware of any communication that allegedly does not conform to these Terms and Conditions, USAPartyServices.com may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. USAPartyServices.com has no liability or responsibility to you for performance or nonperformance of such activities.

USAPartyServices.com reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.

DISCLAIMER
Your use of this website is at your risk. USAPartyServices.com does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. This site could include technical or other mistakes, inaccuracies or typographical errors. USAPartyServices.com does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. USAPartyServices.com may make changes to the materials and services on this site, including the prices and descriptions of any products or services listed herein, at any time without notice, and reserves the right to correct any errors on this website, including pricing errors (in which case you will be given the option to cancel your order). The materials or services on this site may be out of date, and USAPartyServices.com makes no commitment to update such materials or services. USAPartyServices.com assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, USAPartyServices.com is not responsible for those costs.

REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL USAPARTYSERVICES.COM OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT USAPARTYSERVICES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION TO THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO/FROM THIS SITE. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Any materials downloaded or otherwise obtained through the site is done at your own discretion and risk and with your agreement 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 materials. No advice or information, whether oral or written, obtained by you from USAPartyServices.com or through or from the site shall create any warranty not expressly stated in the terms of use.

Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. USAPARTYSERVICES.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. USAPartyServices.com does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this website. USAPartyServices.com makes no warranty that (i) the services and materials will meet your requirements, (ii) the services and materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service or materials will be accurate or reliable, and (iv) the quality of any products, services, or information purchased or obtained by you from the site will meet your expectations.

Some states or jurisdictions may not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties in such states or jurisdictions are limited to ninety (90) days.

This website can be accessed from other countries around the world and may contain references to USAPartyServices.com products, services, and programs that have not been announced in your country. These references do not imply that USAPartyServices.com intends to announce such products, services or programs in your country. Contact USAPartyServices.com for further information before relying on any information contained herein.

NO REFUNDS
USAPARTYSERVICES.COM does not guarantee the success of any of its members and, accordingly, ALL SALES ARE FINAL AND NO REFUNDS WILL BE ISSUED FOR ANY REASON WHATSOEVER. In the event you are dissatisfied with USAPartyServices.com or its services please contact us at admin@usapartyservices.com and we will try and assist you.

SECURITY FOR CREDIT CARD DATA AND TRANSACTION INFORMATION
At usapartyservices.com, we are committed to keeping your online transactions safe and secure. In order to assure the privacy and security of your credit card and other personal data, we use Secure Socket Layer (SSL) technology. SSL uses encryption technology to create a secure connection between your computer and ours. We cannot absolutely guarantee the security of any information you provide online, you provide it at your own risk.

SUBSCRIPTION PERIOD
Once you subscribe, you will initially pay the first (30 days) subscription fee, the amount depends on the package you choose. YOU WILL AUTOMATICALLY BE BILLED EVERY (30 DAYS) THEREAFTER UNTIL YOU CANCEL YOUR SUBSCRIPTION.

INVOICES
If an invoice is owed due to insufficient funds from your credit card, our system will temporarily remove your package from our directory. In order to renew/activate your package, please login to your account at www.USAPartyServices.com to make payment.
If an invoice remains unpaid until 30 days, then our system will have to delete your package from our directory.

CANCELLATION POLICY
You may unsubscribe at anytime, however in such event, your membership will remain in effect for the remainder of the billing cycle, and you will not receive a refund of any part of the fee paid for subscription. THIS CANCELLATION POLICY DOES NOT APPLY TO “FREE PACKAGES” as defined below.

FREE PACKAGE LISTINGS
FREE PACKAGE LISTINGS MAY BE DELETED OR CLOSED BY USAPARTYSERVICES.COM AT ANYTIME FOR ANY REASON WHATSOEVER, WITHOUT ANY PRIOR NOTICE TO ITS CUSTOMERS/USERS.

CUSTOMER LEAD SETTINGS
When selecting your customer lead settings, if you select email & mobile text alerts, you the listing owner, acknowledge and agree to be fully responsible for any fees that may apply to your mobile device.

PROMOCODE DISCOUNT
Promocode discounts are used for the initial subscription, per package. On your next billing cycle, 30 days from the initial subscription, you will be charged the full package price without a discount. The promocode discount price is not shown in the initial subscription emails. To view your billing transaction details please login to your account.

LIMITATION OF LIABILITY
NEITHER USAPARTYSERVICES.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USAPARTYSERVICES.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.

LINKS
USAPartyServices.com has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this website. The inclusion of any link to such sites does not imply endorsement by USAPartyServices.com of these sites. Your linking to any other pages or sites is at your own risk. You agree USAPartyServices.com will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites. We encourage you to read the privacy statements of all such sites, as their policies may be materially different from our Privacy Policy.

TERMINATION
You hereby agree that USAPartyServices.com may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of USAPartyServices.com or any third party, for any reason with or without notice to you. You agree that USAPartyServices.com may modify or discontinue this website, with or without notice to you. You agree that USAPartyServices.com will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "COPYRIGHT/MATERIAL USE," "SUBMISSIONS," "DISCLAIMER," "LIMITATION OF LIABILITY," "LINKS", "GENERAL PROVISIONS", "HOLD HARMLESS/INDEMNITY," "TRADEMARKS," and "Password" will survive termination of this Agreement to use our website.

GENERAL PROVISIONS
USAPartyServices.com controls and operates this website (excluding linked sites) from its offices within the state of New York, United States of America, and makes no representation that the material on the website is appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to use this site from other locations do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to the conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in Suffolk County, New York, and you hereby agree to submit to the personal jurisdiction of such courts.

HOLD HARMLESS/INDEMNITY You agree to defend, indemnify, and hold USAPartyServices.com, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website, our Content, or your breach of these Terms and Conditions. USAPartyServices.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

PASSWORD & USERNAME
You may receive a password and username in connection with your use of this website. You will be responsible to maintain the confidentiality of your password, username and account, and will be solely responsible for all activities that occur under your password, username and account.

ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and USAPARTYSERVICES.COM and govern your use of the Service, superseding any prior agreements between you and USAPARTYSERVICES.COM. In the case of any inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of USAPARTYSERVICES.COM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.