TERMS OF SERVICE
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered by Host-Party.com,LLC at the site www.host-party.com ("COMPANY"), are provided to you ("User") under the terms and conditions of this COMPANY Terms of Service ("TOS"), and any operating rules or policies that may be published by COMPANY at the URL: www.host-party.com (the "Service"). The TOS comprises the entire agreement between User and COMPANY and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY PURCHASING A GAME, USER INDICATES THAT USER IS AT LEAST 13 YEARS OF AGE AND THAT USER AGREES TO BE BOUND BY ALL OF THE TERM AND CONDITIONS HEREIN.
2. DESCRIPTION OF PRODUCTS AND SERVICE: COMPANY provides User with murder mystery games and a variety of online services, including but not limited to the capability to generate your own murder mysteries , generate online and printed materials including character descriptions, clues, invitations and instructions.
3. NO "SPAMMING": User will not use the Service for chain letters, junk mail, or "Spamming" or make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from User ("Spam" or "Spamming") is strictly prohibited by host-party. If any User uses the Service for Spam, COMPANY reserves the right to immediately terminate User's access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please send an email to info@host-party.
4. NOTICES: COMPANY may give notice to its users by e-mail, a posting on the site, or other reasonable means. A user must give notice to COMPANY in writing via e-mail or as otherwise expressly provided by host-party. COMPANY may broadcast, distribute or display notices or messages through the Service to inform User of changes to the TOS, the Service, or other matters of importance; such broadcast, distributions or displays shall constitute notice to User.
6. PASSWORD AND MATERIALS: Once User registers for the Service, User will receive a password granting access to game and game materials. User is responsible for maintaining the confidentiality of User's password. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to immediately notify COMPANY of any unauthorized use of User's account or any other breach of security known to User.
7. INTELLECTUAL PROPERTY: COMPANY retains all rights to all intellectual property hosted on this site including but not limited to plots, character descriptions, motives, clues, and solutions. Reproduction or distribution of this material without express written consent from the COMPANY is strictly forbidden.
8. DISCLAIMER OF WARRANTIES: USER
EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
9. LIMITATION OF LIABILITY: COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH COMPANY OR A THIRD PARTY (INCLUDING BUT NOT LIMITED TO ADVERTISERS) THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA. USER SPECIFICALLY AGREES THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. SOME OF OUR GAMES HAVE PHYSICAL OR VIOLENT SUBJECT MATTER (INCLUDING BUT NOT LIMITED TO RULES ALLOWING CHARACTERS TO STAB, POISON OR SHOOT EACH OTHER). WE PROVIDE SAFE RULES COVERING SUCH ACTS AND DO NOT SUGGEST OR CONDONE THE USE OF REAL IMPLEMENTS WHEN THE GAMES ARE PLAYED. UNDER ANY CIRCUMSTANCE THE COMPANY SHALL NOT BE LIABLE FOR AN INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE GAMES. COMPANY'S LIABILITY SHALL NOT EXCEED THE PRICE PAID FOR ANY GIVEN GAME AND OR SERVICE.
10. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User's right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service without the express consent of host-party
11. USER CONDUCT: COMPANY reserves the right, but does not assume the responsibility, to monitor or review User conduct on the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations.
(1) to comply with U.S. law regarding the
transmission of technical data exported from the United States through
User agrees not to:
* make copies of the games or game content (including but not limited to plots, character descriptions, motives, clues, and solutions );
* violate our intellectual property by taking ideas from our games or our approach to gaming for use elsewhere;
* take parts of our games and publish elsewhere;
* Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise);
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
* Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
* Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Service;
* 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;
* Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services;
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
* Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
* Advertise or offer to sell or buy any goods or services for any non-personal purpose;
* Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of host-party's users or other user or usage information or any portion thereof other than in the context of User's use of the Service as permitted under the TOS;
* Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
* Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
* Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
* Engage in any other conduct which, in host-party's sole discretion, is considered unauthorized or objectionable.
12. CONTENT: User is solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by User through the Service, including but not limited to the contents of User's e-mail communications and photos posted by User on COMPANY or through the Service. All Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that User, and not host-party, is entirely responsible for all Content that User uploads, posts, e-mails or otherwise transmits via the Service. COMPANY does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will COMPANY be liable in any way for any Content, including, but not limited to, for 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, e-mailed or otherwise transmitted via the Service.
13. INDEMNIFICATION: User agrees to indemnify and hold COMPANY, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this TOS by User, or the infringement by User (or other user of the Service using User's computer) of any intellectual property or other right of any person or entity.
14. TERMINATION: Either party may terminate the Service with or without cause at any time and effective immediately upon written notice to the other party. COMPANY may terminate the Service or User's use of the Service with or without cause at any time and effective immediately, at host-party's sole discretion, including but not limited to immediate termination of User's use of the Service should User's conduct fail to conform with these terms and conditions of the TOS, including but not limited to the terms of conduct set forth in Section 11. COMPANY shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service registration; and (3) notify COMPANY of termination. Upon termination of the Service, User's right to use the Service and Software shall cease immediately. User shall have no right and COMPANY will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Sections 8, 9, and 12 - 19 shall survive termination of the TOS.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS: User may enter into correspondence with or participate in promotions of any advertisers who show their products and/or services on COMPANY or through the Service ("Advertiser"). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and Advertiser. COMPANY assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. User acknowledges that content, contained in either sponsor advertisements or distributed via e-mail, of a commercial nature and presented to User by the Service by COMPANY or host-party's Advertisers ("COMPANY Content" or "Advertiser Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use the COMPANY Content or Advertiser Content as expressly authorized by the COMPANY or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from the COMPANY Content or Advertiser Content without expressly being authorized to do so by COMPANY or Advertiser. User may make a copy of the COMPANY Content or Advertiser Content for User's personal, noncommercial use only, provided that User keeps all copyright or other proprietary notices intact.
18. GENERAL PROVISIONS: The TOS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. User and COMPANY agree to submit to the exclusive jurisdiction of the courts of the state of California, provided, however, that either party may elect to settle any litigation in any way arising out of or relating to the TOS by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. host-party's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by COMPANY in writing. User and COMPANY agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
19. LANGUAGE: It is the express
wish of the parties that the TOS and all related documents have been
drawn up in English. C'est la volente expresse des parties que la
presente convention ainsi que les documents qui s'y rattachent soient
rediges en anglais. COMPANY makes no representation that materials on
the Service are appropriate or available for use in locations outside of
the United States, and access to them from territories where their
content is illegal or otherwise regulated is prohibited. Those who
choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with applicable local