Thanks for using Partini to help you plan your special event. This Terms of Service Agreement (“Terms”) dated September 25, 2016, is made between Partini, located at 1107 Fair Oaks Ave #884, South Pasadena, California 91030, USA and any person (“You” or “Your”) who completes the registration process to open and maintain an account with Partini. You and Partini are collectively referred to as the “Parties.”
In order to use the site you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use the site. You must not access the site or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the site under the laws of the country in which you are resident or from which you access or use the site.
Purchasing a Service
When you schedule a service, you are committing to purchase that service from Partini, so please review the service description carefully before purchasing it. Partini may change the pricing and availability of a service at any time before you purchase it. Partini may also post rescheduling and cancellation policies in the service description that may limit your ability to reschedule or cancel the service without penalty.
You agree that Partini may list You as a client on its website, on publicly available customer lists, and on media releases. Additionally, You hereby grant and convey to Partini all rights, title, and interest in any and all photographic images and video or audio recordings made by Partini that include You. Further, You hereby authorize Partini to use Your likeness and/or image in any all publications, promotional materials, advertising, news media and World Wide Web materials. You agree that Partini owes you no compensation with respect to any of the foregoing.
You are solely responsible for any and all acts and omissions that occur under Your account or password, and You agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store, transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, Trojan horses, or any other malicious code or program, or (h) engage in any other activity deemed by Partini to be in conflict with the spirit or intent of this Agreement.
Disclaimer of Warranties: Limitation of Liability
THE WARRANTIES STATED IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES GIVEN BY PARTINI TO YOU, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
UNDER NO CIRCUMSTANCES SHALL PARTINI BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OF THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICES, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL PARTINI'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY YOU TO PARTINI. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, AND AT WHICH POINT YOU MAY BE ENTITLED TO A REFUND.
You agree to hold Partini free and harmless from any and all third-party claims (including attorney’s costs to defend against such claims) arising from the services performed under this Agreement, except to the extent that such claims arise solely from the gross negligent or willful misconduct of Partini as determined by a court.
Applicable Law; Severability
The Parties agree that any dispute in the meaning, effect or validity of this Agreement shall be resolved in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. The Parties further agree that if one or more provisions of this Agreement are held to be illegal or unenforceable under applicable California law, such illegal or unenforceable portion(s) shall be limited or excluded from this Agreement to the minimum extent required so that this Agreement shall otherwise remain in full force and effect and enforceable with its terms.
About these Terms
We may modify these Terms to, for example, reflect changes to the law or changes to our services. You should look at the Terms regularly. We’ll post notice of modifications to these site Additional Terms for Customers on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of site.