The Postparty (as hereinafter defined) website (the “Website”) is the exclusive intellectual property of Postparty, LLC (“Postparty”). No use (either permitted or otherwise) shall be deemed to entitle any person or entity to any ownership rights in any portion of the Website or its content.
This Terms & Conditions of Use Agreement (the “Agreement”) shall apply to all of the products, services and content offered by Postparty, whether available through the Website or through a social networking site (collectively, the “Service”). Please note that the availability of any Postparty applications, features or options on any social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Postparty and such social networking site, mobile or tablet device, or internet television or other technology platform. Postparty shall not and will not bear any liability, or any nature, whatsoever, associated with such usage through any such social networking site.
Use of the Postparty website (the “Website”) is not intended for persons under eighteen (18) years of age.
- Acceptance of Terms
This Agreement sets forth legally binding terms for use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a user) (a “Visitor” or a “Member” are sometimes hereinafter collectively referred to as a “User”). If User do not accept the terms of this Agreement, User should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. User agrees to be bound by any modification to this Agreement when User uses the Website after any such modification is posted; it is therefore important that review this Agreement regularly.
- Registration/Use of Service
If User wishes to become a Member, communicate with other Members and otherwise make use of the Service, User must read this Agreement and indicate User’s acceptance during the registration process. In consideration of User’s use of the Service, User represents that User is of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. User also agrees to: (a) provide true, accurate, current and complete information about User as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update User’s Registration Data to keep it true, accurate, current and complete. If User provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Postparty reserves the right to suspend or terminate User’s account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited. Content (as defined in Section 6 of this Agreement) on the Website is provided to User “AS IS” for User’s information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Postparty. Postparty shall not be held responsible in any way for the accuracy or incompleteness of the Content or any other materials on the Website. Postparty reserves all rights not expressly granted in and to the Website and the Content.
Content on the Website shall be available to the user for the following limited purposes:
- for the information and personal use of the user;
- solely as intended through the normal functionality of the Postparty Service; and
- for Streaming purposes. (As used herein, “Streaming” or “Stream” shall mean a contemporaneous digital transmission of an audiovisual work via the Internet from the Postparty Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user, for any purpose whatsoever). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
- Health Disclaimer
Physical exercise, in all of its forms is intended to be a strenuous physical activity. Accordingly, User is urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine or program or begin using any suggested equipment, whether shown in any of the video clips on the Website or discussed in any written material published thereon. The User is encouraged to conduct User’s own due diligence and research with respect to engaging in any physical activity, taking into account a User’s specific physical condition (i.e., whether pregnant, while recovering from a recent pregnancy, including any and all pregnancy and delivery related procedures). Users are also greatly encouraged to thoroughly research and understand the effects of exercising with their babies. Postparty is not a medical organization, does not dispense medical advice and its instructors or staff cannot give User medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by User and are carried out at User’s election and at User’s sole risk while viewing Postparty videos. Nothing contained in this Website should be construed as any form of medical advice or diagnosis.
By using the Website User represents that User understands that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. User understands that it is User’s responsibility to judge User’s physical and mental capabilities for such activities. It is User’s responsibility to ensure that by participating in classes and activities from Postparty, User will not exceed User’s limits while performing such activity. User understands that, from time to time instructors may suggest physical adjustments or the use of equipment and it is User’s sole responsibility to determine if any such suggested adjustment or equipment is appropriate for User’s level of ability and physical and mental condition. User expressly waives and releases any claim that User may have at any time for injury of any kind against Postparty, or any person or entity involved with Postparty, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Postparty’s content is not directed to, nor intended to be used by persons under eighteen (18) years of age, and by registering with Postparty or viewing the Content, User is representing that User is eighteen (18) years of age or older.
- Password and Security
If User registers on the Website, User will be required to choose a password and user name, and User may be asked for additional information regarding User’s account, such as User’s e-mail address. User is responsible for maintaining the confidentiality of User’s password and account information, and are fully responsible for all activities that occur under User’s password or account. User agrees to (a) immediately notify Postparty of any unauthorized use of User’s password or account or any other breach of security, and (b) ensure that User logs out from User’s account at the end of each session. User may never use another Member’s account without prior authorization from Postparty. Postparty will not be liable for any loss or damage arising from User’s failure to comply with this Agreement.
- Prohibited Conduct
User agrees not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (hereafter referred to as “Content”) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses or other personally identifying information of anyone other than User’s;
- promotes information that User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without Postparty’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that User has posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
User agrees not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Postparty servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Postparty at all times, reserves the right to remove any such content from the Website and to terminate or suspend any Member’s or non-member’s usage of the Website, if in Postparty’s sole and absolute discretion, any Content is deemed by Postparty to violate any policies outlined herein.
- Responsibility for Content
The User, and not Postparty, is entirely responsible for all Content posted by the user, whether through email or other means of transmission or otherwise made available via the Website. Postparty does not control the Content posted via the Website and, as such, Postparty does not guarantee the accuracy, integrity or quality of such Content and bears no responsibility therefore. The User understands that by using the Service, the User may be exposed to Content that the User may deem offensive, indecent or objectionable. Under no circumstances will Postparty be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- Rejection/Removal of Content
User hereby acknowledges that Postparty may or may not pre-screen Content posted on the Website, that Postparty is not responsible for behavior or comments of Users on the Website, but that Postparty shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the generality of the foregoing, Postparty shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole and absolute discretion of Postparty.
If User becomes aware of misuse of the Service by any person, please contact Postparty.
- Termination or Suspension of Account
User agrees that Postparty may at any time and for any reason, including a period of account inactivity, terminate User’s access to Postparty Services, or restrict or suspend User’s access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
- Security Components
User understands that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Postparty and/or content providers who provide content to Postparty. User may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
- Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Postparty or by third parties that have licensed or otherwise provided their material to Postparty. User acknowledges and agrees that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Agreement, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Postparty’s prior express written permission. User may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
- Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Postparty. Unauthorized framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
- License to User’s Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, each User hereby grants to Postparty a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to User, and without User’s consent. If a User wishes to remove any Content from the Service, such User’s ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. Users may contact us to request the removal of certain Content Posted by a User, but Postparty has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by User may remain on Postparty’s servers after the Content appears to have been removed from the Website, and Postparty retains the rights to all such remaining copies. Each User represents and warrants that: (a) the User owns all right, title and interest in all Content posted by such User on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of User’s Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
- Postparty and Third Parties
Our Website contains Content of Postparty, and Content of third party licensors to Postparty (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Postparty owns and retains all rights, title and interest in the Postparty Content. Postparty hereby grants to the User, a limited, non-exclusive, revocable, non-sublicensable license to Stream and/or view the Postparty Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for the User’s personal, non-commercial use in connection with viewing the Website and using the Service. A User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service. Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between the User and that third party. Postparty is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Postparty or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to User for informational purposes only. Postparty encourages the User to conduct its own research and due diligence regarding such third parties and their products and services. While Postparty works to ensure the information on the Website is current and accurate, Postparty does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
- Other Sites
- International Use
Due to the global nature of the Internet, User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
- Infringement Policy
Postparty reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Postparty, any other User or a third party, or otherwise violated any intellectual property laws or regulations. Postparty’s policy is to investigate any allegations of copyright infringement brought to its attention. If User has evidence, knows, or has a good faith belief that User’s rights or the rights of a third party have been violated and User wants Postparty to delete, edit, or disable the material in question, User must provide Postparty with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Postparty to locate the material; (d) information reasonably sufficient to permit Postparty to contact User, such as an address, telephone number, and if available, an electronic mail address at which User may be contacted; (e) a statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, User must provide it to Postparty by e-mail with a return receipt acknowledgement.
- Member Disputes
User is solely responsible for User’s interactions with other Members. Postparty reserves the right, but has no obligation, to monitor or mediate disputes among Members.
- Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on the Website. User may terminate its membership at any time, for any reason, by following the instructions on the Website. If User cancels its membership before the end of the applicable billing cycle, User’s account will be cancelled as of the following month. User will not receive a refund for the current billing period.
Postparty reserves the right to terminate a User’s account or access to the Website immediately, with or without notice, and without liability, if Postparty believes, in its sole and absolute discretion, that User has breached any of the terms of this Agreement, furnished Postparty with false or misleading information, or interfered with use of the Website or the Service by others.
When a User closes or de-activates an account or if an account is otherwise terminated, we have the right, but not the obligation, to store such User’s personal information, settings, saved and completed classes, and teachers User has followed. Unless we have exercised our right to terminate a User’s account, User may re-activate said account at any time by contacting us.
- No Sharing. Members of Postparty may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Postparty as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member a User agrees to take all actions possible to protect User’s username and password from fraudulent use.
- Fraudulent Use. Postparty reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
- Free Trial. We require that User provide a valid credit or debit card (“Payment Source”) at the time a User registers for a free trial to ensure that the User has continued access to the User’s membership after the expiration of the free trial period (“Free Trial”). Postparty will not bill a User’s account until the Free Trial has expired and provided that User has not cancelled the account during the Free Trial period. User may only use a Free Trial once. Postparty reserves the right to terminate any account that is using or trying to use more than one Free Trial.
- Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Postparty will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiration date. Membership must be canceled prior to the renewal date in order to end membership charges.
- Pricing. When a User purchases a membership subscription, User will initially be charged at the rate applicable at the time of the agreement to subscribe. If Postparty later increases the price of the subscription, Postparty will notify User. The increase will apply to the next payment due from User after the notice, provided that User has been given at least 10 days’ prior notice before the charge is made. If User is given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
- Disclaimer of Warranties
USER AGREES THAT USE OF THE WEBSITE SHALL BE AT USER’S SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, POSTPARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND USER’S USE THEREOF. POSTPARTY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF POSTPARTY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
POSTPARTY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POSTPARTY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN A USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD ITS USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation on Liability
IN NO EVENT SHALL POSTPARTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO A USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM A USER’S ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF POSTPARTY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER‘S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE POSTPARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USER SPECIFICALLY ACKNOWLEDGES THAT POSTPARTY SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY POSTPARTY OR ANY OF ITS EMPLOYEES. POSTPARTY IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES POSTPARTY WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
POSTPARTY RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.
- Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to User; all other provisions of this Agreement remain in full force and effect.
User agrees to defend, indemnify and hold harmless Postparty, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) user’s use of and access to the Website; (ii) User’s violation of any term of this Agreement; (iii) user’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of User’s submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and User’s use of the Website.
- Additional Terms
We may also require User to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and User agrees to comply with them when User participates in those promotions, or otherwise engage in activities governed by such additional terms.
- Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. User agrees that we will not be liable to User or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by Postparty without restriction.
- Integration Clause
- Waiver and Severability of Terms
The failure of Postparty to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
- Statute of Limitations
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Governing Law and Venue
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between User and Postparty that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Boston, Suffolk County, Massachusetts.
User agrees that: (a) the Website shall be deemed solely based in the Commonwealth of Massachusetts; and (b) the Postparty Website shall be deemed a passive website that does not give rise to personal jurisdiction over Postparty, either specific or general, in jurisdictions other than the Commonwealth of Massachusetts.
- Ability to Accept Terms of Service
User affirms that User is at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Postparty reserves the right to amend this Agreement at any time and without notice, and it is User’s responsibility to review this Agreement for any changes. User’s use of the Website following any amendment of this Agreement will signify User’s assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail.