Terms of Service

Updated: June 2, 2024

These Terms of Service, together with any documents they expressly incorporate by reference (collectively, the "Terms of Service") govern the relationship between PartyLabz ("we", "services", "us" or "PartyLabz") and anyone who uses or has access to, or attempts to use or gain access to any application, functionality, or digital asset owned, provided by or otherwise affiliated with or disseminated by PartyLabz on or through https://www.partylabz.com (the "Website") or its mobile applications. In case of conflict, these Terms of Service supersede any past or contemporary communications between you and PartyLabz.

The Terms of Service set forth herein apply regardless of the device, service or method used to access PartyLabz and extend to any geographic location in which PartyLabz is accessed. These articles define the legally binding terms for your use of and access to PartyLabz, its services, features, content and assets ("Services"). Please read the Terms of Service before using PartyLabz.

The Services are in a constant state of change and evolution. The Terms of Service may include references to future functionality and Services that have not yet been implemented and are not yet publicly available. Accessing PartyLabz or using the Service constitutes continued acceptance of the Terms of Service.

Supplemental Terms of Service or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

Governing Law And Jurisdiction

All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the laws of the province of Alberta, including its conflicts of law rules, and Canada. You agree that any dispute arising from or relating to the subject matter of the Website of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and courts of the province of Alberta, Canada.

Acceptance Of Terms

By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you agree to these Terms of Service and all other operating rules, policies and procedures defined by PartyLabz or common law and you acknowledge that you have read and understood our Privacy Policy. If you do not want to agree to these Terms of Service you must not access or use the Website. This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Sign Up & Registration

In order to use the Service, you must sign up with PartyLabz (thereby becoming a "User" and creating an "Account"). An account is created automatically when you create your first event or access "My Events" or any other restricted page by entering received to your email one time password.

You shall not: a) create an account with the intent to impersonate another user or person; or b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of PartyLabz; or c) use your account for any scam, spam, commercial goods and services ads related activities.

Any use of another User's account of Services may only be permitted with the express permission of the User.

You are solely responsible for all activity performed on your account. It is your responsibility to protect the safety and security of your account. In the event of a security breach or suspected security breach, you are required to provide notice to PartyLabz without delay.

You may not access the Services in an attempt to (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal or internal business use or as specifically permitted in this agreement, without PartyLabz's written consent, or (b) use the Services in any harmful or illegal manner or interfere with any party's use or enjoyment of the Services. You agree to immediately cease use of the Services at PartyLabz's request.

Eligibility & Compliance

PartyLabz may, at any time at its sole discretion, refuse to offer the Services to any User, individual or entity without notice including but limited to entities with a paid event, active subscription account and a free account. PartyLabz may delete or otherwise disable any User's account without notice or explanation. By accessing the Services, you acknowledge and agree that you will not directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by PartyLabz or corresponding laws and regulations. You will not attempt to alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services.

Content

"Content" refers to and includes any data, image, text, style, pattern, document, asset, feature or functionality used on or affiliated with PartyLabz and the Services whether created, uploaded or otherwise employed by PartyLabz, its Users or affiliates. PartyLabz makes no guarantees as to the availability or accuracy of the Content. PartyLabz further makes no warranties as to the compliance of the Content with any copyright claims, laws, rules or regulations.

You acknowledge and agree that all Content generated or accessed by you is at your sole discretion, and you will be responsible or liable for any damages, losses or penalties associated with its use. If you provide Content that you generated and that is posted on the Website, you hereby grant PartyLabz a perpetual, royalty-free, exclusive, non-transferable, non-sublicensable, worldwide license to publicly display and use the Content. You shall not upload, submit or otherwise employ Content that (1) infringes any copyright, trademark, servicemark, patent, trade secret, or other regulation, law or policy or (2) that in any impersonates another person or entity or (3) is false, inaccurate, or misleading or (4) otherwise deemed inappropriate, improper, vulgar, defamatory, libelous or damaging at the sole discretion of PartyLabz.

PartyLabz reserves the right to view, download, read, save or otherwise employ all Content in line with PartyLabz's Privacy Policy and subject to the Data Processing Addendum ("DPA") except as specifically prohibited by laws governing the use of the Content.

All Content collected, stored or employed by PartyLabz, except where otherwise noted or inapplicable due to the laws and regulations governing that Content, is the sole property of PartyLabz. PartyLabz may use Content generated by you including but not limited to text, images, logos, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations.

PartyLabz does not warrant that any Content will be made available or remain available. PartyLabz makes no guarantee that it will monitor the Content or the Services and has no obligation to do so. PartyLabz reserves the right to remove, disable or delete any Content without warning, notice or explanation.

Content specifically generated by or specifically employed by PartyLabz, its partners or affiliates may be governed and protected by copyrights, patents, trademarks or other restrictions. You agree to use the Services in compliance with any such restrictions. You may not sell, license or otherwise financially profit from the use of any of the Content or the Services except as expressly authorized by PartyLabz. Further, you may not use or exploit any content owned by or restricted by a third party entity.

PartyLabz reserves the right to limit, prevent access to, remove, or permanently delete all Content. PartyLabz may remove any Content without notice or explanation that it deems to be in violation of these Terms of Service, offensive, infringing, derogatory, or libelous.

Without limiting the foregoing responsibilities of the User, PartyLabz may monitor use of the Website to determine compliance with this agreement. PartyLabz may remove or refuse your Content for any reason.

Privacy

PartyLabz's Privacy Policy describes how PartyLabz uses your (or your Users') personal information. You are responsible for providing your Users with a copy of the PartyLabz's Privacy Policy.

You and we shall each comply with our obligations under all applicable data protection laws.

In addition, where you are a Business & Nonprofit customer and where you are subject to the GDPR and/or UK GDPR, the PartyLabz Data Processing Addendum ("DPA") is incorporated into these Terms of Service by reference and shall apply in respect of our processing of any Customer Personal Data (as defined in the DPA).

Fees, Promotions, And Billing

Any and all fees collected by PartyLabz are subject to change at any time at the sole discretion of PartyLabz. Prior to implementing any changes to fee structure, PartyLabz will make a reasonable effort to inform Users directly affected by the fee change.

From time to time, PartyLabz may offer an incentive ("Promotion") in the form of a monetary discount or other benefit to encourage Users to purchase an Upgraded Account or Event Website for a certain duration. PartyLabz reserves the right to create, cancel or otherwise alter an ongoing Promotion at any time. PartyLabz may, at its sole discretion, refuse to honor the terms of the Promotion to any individual or entity for any reason including but not limited to the suspicion of fraud.

By providing payment information for your Upgraded Account subscription, you are agreeing to pay a non-refundable subscription fee, and any applicable taxes and service fees for your use of your Upgraded Account. The subscription fee will be charged to your credit card at the start of your subscription term, and automatically at the beginning of each subsequent renewal period unless you cancel your subscription. The subscription fee charged to your credit card may vary from year-to-year due to changes in your subscription plan or applicable taxes, and you expressly authorize PartyLabz to charge your credit card for this amount. All payments must be made in United States dollars. PartyLabz reserves the right to seek payment for any fees owed, whether resulting from a chargeback or reversal from a User's bank or credit card company, improper billing, fraudulent transaction, or any other case or scenario in which PartyLabz is unable to collect fees due at the time of sale. Failure to remit fees owed can result in the suspension or termination of your account without notice.

While PartyLabz will evaluate the request for a refund of any fees already paid on a case-by-case basis, PartyLabz reserves the right to refuse any such refund for any reason. Please note that PartyLabz will not provide refunds for subscription customers whose plan renews prior to the cancellation date. Please see our Refund Policy and Section "Cancellation Of Subscription" for further information.

Collection Of Payments And Donations

PartyLabz may provide integrations with third-party payment processing providers. By employing the Services including but not limited to ticketing, payment collection or donation systems, you agree to adhere to the Terms of Service of these third-party providers.

By collecting payments with PartyLabz, you agree to hold PartyLabz, its integration partners, payment processors and affiliates harmless from and against any lawsuit, claim, damage, liability, or expense.

It is your sole responsibility to abide by applicable tax, accounting and reporting laws in your country and region. PartyLabz is not responsible or liable for failure to comply with local, state or federal laws applicable to you or your organization, and you should seek professional advice for your event, organization and or use case.

It is further your sole responsibility to provide adequate customer service and responsiveness to event customers (any user who has purchased a ticket or submitted a payment of any kind in relation to your event or PartyLabz account). PartyLabz is not liable or otherwise responsible for the management, resolution or granting of refunds, credit card disputes or credit card chargebacks associated with your event(s), account, action or inaction.

You acknowledge and agree that you will not attempt to circumnavigate, bypass or otherwise influence PartyLabz fees associated with the collection of payments, gifts and donations. You may not include links to external registration or payment processors, or otherwise encourage event guests to submit registration information or payments external to PartyLabz registration and payment systems.

Automatic Renewal Of Subscription

Your subscription will renew automatically at the end of the current term. If you have provided a method of payment to us for the Services, we may charge you automatically at the end of the Promotion or for the renewal, unless you notify us that you want to cancel your subscription. The subscription is effective from the date of purchase and will automatically renew for a renewal term of the same duration unless you cancel prior to expiration of the subscription term or renewal term in progress. The renewal will be charged at the subscription plan price then in effect (not including any special offers that may be valid for new members or other specific groups), which may be higher than the price in effect during the previous term. You must cancel your subscription prior to its renewal date to avoid incurring further charges. Your credit card will be automatically charged unless you have notified PartyLabz in accordance with Section "Cancellation" that you wish to cancel your subscription.

Cancellation Of Subscription

You may cancel your subscription at any time. If you cancel your subscription, the cancellation will go into effect at the end of the current subscription term or renewal term. You will have continued access to your subscription plan features for the remainder of the applicable period, but you will not receive a refund, prorated or otherwise, of any subscription fees paid, unless otherwise stated in our Refund Policy. You must cancel your subscription before it renews to avoid paying the subscription fee for the subscription term or renewal term, unless otherwise stated in our Refund Policy. PartyLabz does not prorate any charged amounts upon termination or cancellation and does not refund any such amounts for any term already charged. You may immediately cancel your subscription to the Services by logging into your PartyLabz account and completing and submitting a cancellation request. If you prefer to request a manual processing of your subscription cancelation request, you may send a request to support@partylabz.com from the email you used to create an account at PartyLabz.

All provisions of these Terms of Service which by their nature should survive cancellation of your account shall survive, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Third Party Services

Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. PartyLabz makes no guarantees as to the ability to integrate with, availability, reliability, functionality or other facets of any third party or integration point. You understand and agree that any third party services are out of PartyLabz's control, and PartyLabz is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.

Important Disclaimers

Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis. PartyLabz disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

PartyLabz does not complete background checks on Users or make any representations about the location, safety, or quality of the Users or Services. PartyLabz has no responsibility for your interactions with other Users of the Services. Your interactions with such persons are at your own risk.

By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, PartyLabz disclaims any warranty that:

• The Services will be uninterrupted or error-free, or that defects will be corrected;
• The Website and the server[s] that make[s] the Services available are free of viruses or other harmful components; or
• The Content is accurate, complete, or free of typographical errors.

The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by PartyLabz, and you agree not to make any claim against PartyLabz relating to the purchase of these products or services.

Limitation On Liability

To the fullest extent provided by law, in no event will the collective liability of PartyLabz and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of the amount you have paid to PartyLabz for the applicable Service in the last 12 months out of which liability arose.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Limitation On Time To File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Indemnification

To the maximum extent permitted by law, you shall indemnify PartyLabz, its subsidiaries, affiliates, licensors, service providers, content providers, employees, managers, agents, directors, from all third-party liabilities, claims, and expenses, including reasonable outside attorneys' fees and costs, that may arise from or be associated with your use or misuse of the Services or Content or your breach of any representation or obligation in this agreement. PartyLabz reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: support@partylabz.com