partyGPS Privacy Statement

This document was last updated on December 25th, 2006.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

partyGPS is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing partyGPS at www.partygps.com, you acknowledge and fully understand partyGPS’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.

2. THIRD PARTY POLICIES

Related locations with links from this website, including bar and club sites, might have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through partyGPS that is offensive, indecent, or otherwise objectionable. We recommend and encourage that you always review the privacy policies, if available, before you provide any personal information or complete any transaction with such parties.

3. INFORMATION WE COLLECT AND HOW WE USE IT

partyGPS collects certain information from and about its users only for our information (never to be shared) and for certain site features to work.

a. Web Server Logs.

When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:

b. Use of Cookies

partyGPS may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you want us to remember your favorite locations, a cookie helps the site to recall your specific information on subsequent visits.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

partyGPS.com only uses this information to help store your favorite locations. We promise never to sell this information or pass it on to any third parties.

4. CHANGES TO THIS STATEMENT

partyGPS has the discretion to occasionally update this privacy statement.  When we do, we will also revise the “updated” date at the top of this Privacy page.  We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect.  Your continued use of the service constitutes your agreement to this privacy statement and any updates.

5. CONTACTING US

If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us at mail@partygps.com.

 

partyGPS Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on December 25th, 2006.

This Terms of Use Agreement sets forth the standards of use of the partyGPS Online Service. By using the partyGPS.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the partyGPS.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

partyGPS is providing Member with a website aimed to help them locate bars, clubs, and liquor stores free of charge. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.  

2. Disclaimer of Warranties.

The site is provided by partyGPS on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, partyGPS makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. partyGPS shall have no liability for any interruptions in the use of this Website, partyGPS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

partyGPS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR partyGPS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF partyGPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold partyGPS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

partyGPS reserves the right to modify or discontinue the Service with or without notice to the Member. partyGPS shall not be liable to Member or any third party should partyGPS exercise its right to modify or discontinue the Service. Member acknowledges and accepts that partyGPS does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Governing Jurisdiction of the Courts

Our website is operated and provided in the State of New Jersey.  As such, we are subject to the laws of the State New Jersey, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New Jersey.  

7. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

8. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2006 partyGPS.com, with all rights reserved, or is the property of partyGPS and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of partyGPS is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of partyGPS.

To enable us to take appropriate action in the event of infringements by third parties, and in consideration for the opportunity to use and participate on partyGPS, you hereby assign to partyGPS the copyright in any material (whether site descriptions, reviews, or otherwise) that you create and submit for inclusion or use on partyGPS. partyGPS hereby licenses back to you a nonexclusive, royalty-free right to use any such material. You further warrant that you have all rights necessary to authorize the distribution and re-distribution of any material you submit for inclusion or use on partyGPS. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party.

partyGPS™ and partyGPS.com™ are proprietary marks of partyGPS.com.  partyGPS’s trademarks may not be used in connection with any product or service that is not provided by partyGPS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits partyGPS.

All other trademarks displayed on partyGPS’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with partyGPS.

9. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by partyGPS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.