TERMS AND
CONDITIONS OF USE
We have taken every effort to design our Web site to be
useful, informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know if you’d
like to see improvements or changes that would make it even
easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms
and Conditions. Take a few minutes to look them over because by
using our site you automatically agree to them. Naturally, if
you don’t agree, please do not use the site. We reserve the
right to make any modifications that we deem necessary at any
time. Please continue to check these terms to see what those
changes may be! Your continued use of the partyplanningprofits.com Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the partyplanningprofits.com site,
including, without limitation, text, software, names, logos,
trademarks, service marks, trade names, images, photos,
illustrations, audio clips, video clips, and music are
copyrighted intellectual property. All usage rights are
owned and controlled by partyplanningprofits.com. You, the
visitor, may download Online Materials for non-commercial,
personal use only provided you 1) retain all copyright,
trademark and propriety notices, 2) you make no modifications to
the materials, 3) you do not use the materials in a manner that
suggests an association with any of our products, services,
events or brands, and 4) you do not download quantities of
materials to a database, server, or personal computer for reuse
for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials
in any way or for any other purpose unless you get our written
permission first. Neither may you add, delete, distort or
misrepresent any content on the partyplanningprofits.com site.
Any attempts to modify any Online Material, or to defeat or
circumvent our security features is prohibited.
Everything you download, any software, plus all files, all
images incorporated in or generated by the software, and all
data accompanying it, is considered licensed to you by partyplanningprofits.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the
software to you. That means that we retain full and complete
title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute
or sell the material or to reverse-engineer, disassemble or
otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to partyplanningprofits.com through our
site (other than information we promise to protect under our
privacy policy becomes and remains our property, even if this
agreement is later terminated.
That means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we
use them, or anything like them, we don’t have to pay you or
anyone else for them. We will have the exclusive ownership of
all present and future rights to submissions of any kind. We can
use them for any purpose we deem appropriate to our
partyplanningprofits.com mission, without compensating you or
anyone else for them.
You acknowledge that you are responsible for any submission
you make. This means that you (and not we) have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
Limitation of Liability
partyplanningprofits.com WILL NOT BE LIABLE FOR ANY DAMAGES OR
INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS
SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU
HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU
EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR
A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR
INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING
DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR
EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE
LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU
MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE
DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO
BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE
CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN
THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide
Web sites from our site. Such a link should not be seen as an
endorsement, approval or agreement with any information or
resources offered at sites you can access through our site. If
in doubt, always check the Uniform Resource Locator (URL)
address provided in your WWW browser to see if you are still in
a partyplanningprofits.com-operated site or have moved to another
site. partyplanningprofits.com is not responsible for the content
or practices of third party sites that may be linked to our
site. When partyplanningprofits.com provides links or references
to other Web sites, no inference or assumption should be made
and no representation should be inferred that partyplanningprofits.com is connected with, operates or controls these Web
sites. Any approved link must not represent in any way, either
explicitly or by implication, that you have received the
endorsement, sponsorship or support of any partyplanningprofits.com site or endorsement, sponsorship or support of partyplanningprofits.com, including its respective employees, agents or
directors.
Termination of This Agreement
This agreement is effective until terminated by either
party. You may terminate this agreement at any time, by
destroying all materials obtained from all partyplanningprofits.com Web site, along with all related documentation and all
copies and installations. partyplanningprofits.com may terminate
this agreement at any time and without notice to you, if, in its
sole judgment, you breach any term or condition of this
agreement. Upon termination, you must destroy all materials. In
addition, by providing material on our Web site, we do not in
any way promise that the materials will remain available to you.
And partyplanningprofits.com is entitled to terminate all or any
part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of Australia, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the the State of
Victoria, Australia as it is applied to agreements entered into
and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened
to violate partyplanningprofits.com and/or its affiliates'
intellectual property rights, partyplanningprofits.com and/or its
affiliates may seek injunctive or other appropriate relief in
any state or federal court in the State of Victoria, Australia,
and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Melbourne. Any costs and
fees other than attorney fees associated with the mediation will
be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Melbourne .
Judgment upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do so.
partyplanningprofits.com may modify these Terms of Use, and
the agreement they create, at any time, simply by updating this
posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
The application of the United Nations Convention on Contracts
for the International Sale of Goods, as amended, is expressly
excluded.