Terms and Conditions

Agreement to Our Legal Terms

We are PartyKook LLC, doing business as PartyKook (“Company,” “we,” “us,” “our”). We operate the website www.partykook.com (the “Site”), as well as related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at info@partykook.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and PartyKook LLC, concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We may update these Legal Terms in our sole discretion. We will alert you by updating the “Last Updated” date above, and you waive any right to receive specific notice of each change. You are responsible for periodically reviewing these Legal Terms. Your continued use of the Services after the posting date of revised Legal Terms constitutes acceptance of those changes.

The Services are intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our intellectual property. We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright, trademark, and other laws in the United States and around the world. The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services. Subject to your compliance with these Legal Terms (including Prohibited Activities), we grant you a non-exclusive, non-transferable, revocable license to (a) access the Services; and (b) download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as expressly set out herein, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. To request permission, contact info@partykook.com. If permission is granted, you must identify us as the owner or licensor and keep all copyright/proprietary notices intact.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of this Section constitutes a material breach and will terminate your right to use the Services immediately.

Your submissions. By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual-property rights in such Submissions. We may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation to you.

Your responsibility for what you post or upload. By sending Submissions through any part of the Services, you:

• Confirm you have read and will comply with Prohibited Activities, and will not submit unlawful, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, or misleading content;
• Waive, to the extent permissible by law, any moral rights in such Submissions;
• Warrant that Submissions are original to you or you have the necessary rights and licenses; and
• Warrant that Submissions are not confidential.

You are solely responsible for your Submissions and agree to reimburse us for losses arising from your breach of this Section, third-party intellectual-property rights, or applicable law.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete, and you will maintain and update it; (2) you have legal capacity and agree to comply with these Legal Terms; (3) you are not a minor in your jurisdiction; (4) you will not access the Services through automated or non-human means (bot, script, etc.); (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use will not violate any law or regulation. If information you provide is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse current or future use of the Services.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We may remove, reclaim, or change a username in our sole discretion if inappropriate, obscene, or otherwise objectionable.

5. Products

All products are subject to availability. We may discontinue any products at any time for any reason. Prices are subject to change.

6. Purchases and Payment

We accept the following forms of payment: Stripe, Apple Pay, Google Pay, Visa, Mastercard, American Express, and PayPal.

You agree to provide current, complete, and accurate purchase and account information, and to promptly update your information (email, payment method, expiration date). Sales tax will be added as required. All prices are in U.S. dollars.

You agree to pay all charges at the prices in effect, plus applicable taxes/fees, and authorize us to charge your chosen payment method at order placement. We reserve the right to correct pricing errors even after requesting or receiving payment.

We may refuse any order and may limit or cancel quantities per person, household, or order, including orders under the same account, payment method, or billing/shipping address. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

7. Refund Policy

All sales are final. No refunds will be issued.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

• Systematically retrieving data/content to create or compile a collection, database, or directory without our written permission;
• Tricking/defrauding/misleading us or other users (e.g., attempts to learn sensitive account information);
• Interfering with security-related features, including preventing/restricting use or copying of Content;
• Disparaging, tarnishing, or harming us or the Services;
• Using information from the Services to harass, abuse, or harm another person;
• Misusing support services or submitting false reports;
• Violating laws or regulations;
• Unauthorized framing/linking;
• Uploading/transmitting viruses, malware, or disruptive materials (including spam);
• Automated use of the system (scripts, bots, data mining, robots, scraping tools);
• Removing copyright or proprietary notices from Content;
• Impersonating another user/person;
• Uploading/transmitting passive or active information collection mechanisms without consent;
• Interfering with or creating an undue burden on the Services or connected networks;
• Harassing, annoying, intimidating, or threatening our employees or agents;
• Bypassing measures designed to prevent or restrict access;
• Copying or adapting the Services’ software or reverse engineering (except as permitted by law);
• Using spiders/robots/cheat utilities/scrapers/offline readers or unauthorized scripts;
• Using a buying/purchasing agent to make purchases on the Services;
• Collecting usernames/emails for unsolicited email or creating accounts under false pretenses;
• Competing with us or using the Services/Content for revenue-generating endeavors not permitted; and
• Selling or transferring your profile.

9. User Generated Contributions

The Services do not offer users the ability to publicly submit or post content; however, we may provide opportunities to send content/materials to us (“Contributions”). Contributions may be processed per our Privacy Policy. When you make Contributions, you represent and warrant that:

• Your Contributions and use thereof do not infringe third-party rights (copyright, patent, trademark, trade secret, moral rights);
• You own or have licenses/permissions for the Contributions and any identifiable persons therein;
• Your Contributions are not false or misleading, and are not spam/solicitations;
• Your Contributions are not obscene, lewd, violent, harassing, libelous, or otherwise objectionable;
• Your Contributions do not ridicule, disparage, intimidate, or abuse anyone or promote violence;
• Your Contributions comply with applicable laws and do not violate privacy/publicity rights; and
• Your Contributions do not include offensive comments connected to protected characteristics.

Any violation may result in suspension or termination of your rights to use the Services.

10. Contribution License

You and the Services agree that we may access, store, process, and use information and personal data you provide per our Privacy Policy and your choices. By submitting suggestions or other feedback, you agree we may use and share such feedback for any purpose without compensation.

We do not assert ownership over your Contributions; you retain your rights. We are not responsible for statements in your Contributions. You are solely responsible and agree to hold us harmless from claims related to your Contributions.

11. Guidelines for Reviews

If the Services allow reviews/ratings, you must have firsthand experience; avoid profanity, discrimination, or references to illegal activity; do not post false or misleading statements or organize review campaigns; and do not be affiliated with competitors when posting negative reviews. We may accept, reject, or remove reviews at our discretion and have no obligation to screen or delete reviews. By posting a review, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, translate, transmit, display, perform, and distribute review content.

12. Third-Party Websites and Content

The Services may contain links to third-party websites (“Third-Party Websites”) and third-party content (“Third-Party Content”). We are not responsible for Third-Party Websites or Third-Party Content and do not endorse them. If you access Third-Party Websites or use/install Third-Party Content, you do so at your own risk and should review applicable terms/policies. Purchases through Third-Party Websites are solely between you and the third party. You agree we are not liable for losses/harm related to Third-Party Websites or Content.

13. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations; (2) take legal action against violators; (3) refuse, restrict, limit, or disable any Contributions; (4) remove or disable files/content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and facilitate proper functioning.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy.

15. Term and Termination

These Legal Terms remain in effect while you use the Services. WITHOUT LIMITING OTHER REMEDIES, WE MAY, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) FOR ANY REASON, INCLUDING BREACH OF THESE LEGAL TERMS OR APPLICABLE LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION, OR DELETE YOUR ACCOUNT/CONTENT, AT ANY TIME WITHOUT WARNING.

If we terminate or suspend your account, you are prohibited from registering a new account in your name, a fake or borrowed name, or any third party’s name. We may also pursue civil, criminal, and injunctive relief.

16. Modifications and Interruptions

We may change, modify, or remove content, or discontinue all or part of the Services at any time without notice, and have no obligation to update information. We are not liable for modifications, price changes, suspensions, or discontinuances.

We cannot guarantee the Services will be available at all times. Maintenance or issues may cause interruptions/delays/errors. You agree we have no liability for loss/damage/inconvenience caused by downtime or discontinuance. Nothing herein obligates us to maintain or support the Services or to supply corrections/updates/releases.

17. Governing Law

These Legal Terms and your use of the Services are governed by the laws of the State of Colorado, without regard to conflict of law principles.

18. Dispute Resolution

Informal Negotiations

Before initiating arbitration, the parties agree to attempt to negotiate any dispute, controversy, or claim (“Dispute”) informally for at least sixty (60) days after written notice.

Binding Arbitration

If unresolved, the Dispute (except as excluded below) will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA Consumer Rules. Arbitration may be conducted in person, by documents, by phone, or online. The arbitrator must apply applicable law. Unless required otherwise, arbitration will take place in Denver, Colorado. Either party may seek court assistance to compel arbitration, stay proceedings, or confirm/vacate/enter judgment on the award.

If a Dispute proceeds in court, it shall be commenced in the state or federal courts located in Denver, Colorado, and the parties consent to such jurisdiction and venue. The CISG and UCITA do not apply. No Dispute related to the Services may be brought more than one (1) year after the cause of action arose. If any portion of this provision is found illegal or unenforceable, that portion will be severed and the Dispute decided by a court of competent jurisdiction as provided above.

Restrictions

Arbitration is limited to the parties individually; no class actions or representative proceedings are permitted.

Exceptions

The following Disputes are excluded from informal negotiations and binding arbitration: (a) enforcement or validity of our intellectual-property rights; (b) allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief.

19. Corrections

Information on the Services may contain typographical errors, inaccuracies, or omissions (including descriptions, pricing, and availability). We reserve the right to correct, change, or update information at any time without notice.

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF CONTENT, AND WE ARE NOT RESPONSIBLE FOR (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL/FINANCIAL INFORMATION; (4) INTERRUPTION OR CESSATION OF TRANSMISSION; (5) BUGS, VIRUSES, OR THE LIKE; OR (6) ERRORS/OMISSIONS IN CONTENT OR LOSS/DAMAGE INCURRED AS A RESULT OF USE. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT/SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES OR LINKED WEBSITES.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES; THESE LIMITATIONS MAY NOT APPLY TO YOU.

22. Indemnification

You agree to defend, indemnify, and hold us harmless (including our subsidiaries, affiliates, officers, agents, partners, and employees) from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) your breach of representations/warranties; (4) your violation of third-party rights (including IP); or (5) any harmful act by you toward another user. We may assume exclusive defense and control at your expense, and you agree to cooperate.

23. User Data

We will maintain certain data you transmit for the purpose of managing the Services’ performance, as well as data relating to your use. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to any activity undertaken using the Services. We have no liability for any loss or corruption of such data.

24. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy legal requirements that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. You waive any rights requiring non-electronic records or signatures.

25. California Users and Residents

If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

26. Miscellaneous

These Legal Terms and any policies/operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permitted by law. We may assign our rights and obligations at any time. We are not responsible for loss/delay/failure caused by events beyond our reasonable control. If any provision is unlawful, void, or unenforceable, that provision is severable and does not affect remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms. These Legal Terms will not be construed against us as drafter. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing by the parties.

27. Contact Us

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