Welcome, and thank you for your interest in Strange Signals, LLC d/b/a Partypit (together with its affiliates, “Partypit”, “we,” or “us”) and our website at partypitgames.com (the “Site”), along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Partypit regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND PARTYPIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
1. The Service. The Service is an online gaming subscription platform for accessing and playing games (“Products”).
2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service follows all applicable laws and regulations. If you are accepting these Terms on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. Partypit may, in its sole discretion, refuse to offer the Service to any person or entity, and may change its eligibility criteria at any time.
3. Accounts and Registration. Each account is for individual use only. By creating an account, you agree not to share your account username and login with others. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure and you are unable to secure your account using the password reset feature, then you must immediately notify us here.
4. Your Satisfaction. We value your satisfaction, and it is a core consideration in many things we do. If you are dissatisfied for any reason, you may terminate your Subscription and receive refund the applicable Subscription Fee, and in either case, this will be your sole remedy. For clarity, all warranties and promises in this agreement are only for your benefit and cannot be transferred to anyone else.
5. Customer Acknowledgments. When ordering Products, you acknowledge and agree that:
5.1. Online games may contain bugs which cause issues with gameplay. We will work to resolve bugs as quickly as possible.
5.2. We reserve the right to remove or change the available games on the Site at any time without prior notice.
5.3. Each account shall be used by one person. Accounts can only access one game at any moment.
6. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
6.1. Price. Partypit reserves the right to determine pricing for the Products and the Service. Partypit will keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Partypit may change the fees for any feature of the Service, including additional fees or charges, if Partypit gives you advance notice of changes before they apply; provided, that Partypit may give notice of changes to the Member Prices of Products by posting such changed Member Prices on the Service. Partypit, at its sole discretion, may make promotional offers with different features and different pricing to any of Partypit’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
6.2. Authorization. You authorize Partypit or its third-party payment processor to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Partypit, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Partypit or a third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
6.3. Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Partypit to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the day of the month on which you purchase your first subscription to the Service. For information on the applicable fees, including any applicable discounts and insurance charges listed during the check-out process (the “Subscription Fee”), please see “Passes.” Your account will be charged automatically on or after the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel or we terminate it. You must cancel your subscription at least one business day before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
6.4. Cancellation. You may cancel the Subscription Service at any time. Once you canceled, we will not charge further Subscription Fees and your Subscription Service will cease on your next Subscription Billing Date.
6.5. Delinquent Accounts. Partypit may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
7.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Partypit grants you, solely for your personal, non-commercial use, during the term of these Terms, a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service.
7.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
7.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Partypit an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
8. Ownership; Proprietary Rights. The Service is owned and operated by Partypit. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Partypit are protected by intellectual property and other laws. All Materials included in the Service are the property of Partypit or its third-party licensors. Except as expressly authorized by Partypit, you may not make use of the Materials. Partypit reserves all rights to the Materials not granted expressly in these Terms.
9. Third-party Terms
9.1. Third-party Services and Linked Websites. Partypit may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Partypit with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Partypit may transfer that information to the applicable third-party service. Third-party services are not under Partypit’s control, and, to the fullest extent permitted by law, Partypit is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Partypit’s control, and Partypit is not responsible for their content.
9.2. Third-party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-party Components under the applicable third-party licenses or to limit your use of Third-party Components under those third-party licenses.
10. User Content
10.1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
10.2. Limited License Grant to Partypit. By providing User Content to or via the Service, you grant Partypit a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
10.3. Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
10.4. User Content Representations and Warranties. Partypit disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
10.5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Partypit may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Partypit with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Partypit does not permit copyright-infringing activities on the Service.
11. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
12. Digital Millennium Copyright Act
12.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Strange Signals, LLC
c/o Carly Bahramzad
3800 VerMaas Place, Ste 200
Lincoln, NE 68502
12.2. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
12.3. Repeat Infringers. Partypit will promptly terminate the accounts of users that are determined by Partypit to be repeat infringers.
13. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
14. Term, Termination and Modification of the Service
14.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.
14.2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Partypit may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us here. If you are enrolled in a Subscription Service, then you may not terminate your account and these Terms until that Subscription Service has been cancelled.
14.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Partypit any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 7.3, 8, 10.2, 14.3, and 15 through 19 will survive.
14.4. Modification of the Service. Partypit reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Partypit will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Partypit and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Partypit Entities”) from and against every claim brought by a third-party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties
16.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND PARTYPIT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PARTYPIT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PARTYPIT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
16.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PARTYPIT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PARTYPIT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, YOUR USE OF THE PRODUCTS, AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE OR THE PRODUCTS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. WE ARE NOT RESPONSIBLE FOR ANY HEALTH-RELATED ISSUES OR CLAIMS ARISING FROM YOUR USE OF A PRODUCT.
16.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Partypit does not disclaim any warranty or other right that Partypit is prohibited from disclaiming under applicable law.
17. Limitation of Liability
17.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PARTYPIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PARTYPIT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.2. EXCEPT AS PROVIDED IN SECTION 18.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PARTYPIT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, THE PRODUCTS OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PARTYPIT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
17.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration
18.1. Generally. In the interest of resolving disputes between you and Partypit in the most expedient and cost-effective manner, and except as described in Section 18.2, you and Partypit agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PARTYPIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2. Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3. Arbitrator. Any arbitration between you and Partypit will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 , or by contacting Partypit. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
18.4. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Partypit’s address for Notice of Arbitration is: Strange Signals, LLC, c/o Carly Bahramzad, 3800 VerMaas Place, Ste 200, Lincoln, NE 68502. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Partypit may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Partypit must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
18.5. Fees. If you commence arbitration in accordance with these Terms, any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Lancaster County, Nebraska, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Partypit for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
18.6. No Class Actions. YOU AND PARTYPIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Partypit agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.7. Modifications to this Arbitration Provision. If Partypit makes any future change to this arbitration provision, other than a change to Partypit’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Partypit’s address for Notice of Arbitration, in which case your account with Partypit will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.8. Enforceability. If Section 18.6 is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.
19.2. Governing Law. These Terms are governed by the laws of the State of Nebraska without regard to conflict of law principles. You and Partypit submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Lancaster County, Nebraska for resolution of any lawsuit or court proceeding permitted under these Terms.
19.4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.6. Contact Information. The Service is offered by Strange Signals, LLC, located at c/o Carly Bahramzad, 3800 VerMaas Place, Ste 200, Lincoln, NE 68502.. You may contact us by sending correspondence to that address or by using the contact form here.
19.7. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
19.8. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.