THE GREAT GATSBY PARTY USER AGREEMENT
The following are the terms and conditions for use of greatgatsbyparty.com web sites and web pages (the “Great Gatsby Party Web Site”) operated by The Great Gatsby Party LLC, a New York limited liability company (“The Great Gatsby Party”). This User Agreement applies to The Great Gatsby Party Web Site and does not apply to the content of third parties.
The Great Gatsby Party Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of The Great Gatsby Party Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of The Great Gatsby Party Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of this site and that are outlined on The Great Gatsby Party Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within The Great Gatsby Party Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
The Great Gatsby Party reserves the right to change the terms, conditions, and notices under which The Great Gatsby Party Web Site and or any product or service offered on The Great Gatsby Party Web Site (“Services”). You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of The Great Gatsby Party Web Site/Services constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, The Great Gatsby Party Web Site/Services are for your personal and non-commercial use. The content available through The Great Gatsby Party Web Site/Services is the property of The Great Gatsby Party or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from The Great Gatsby Party Web Site/Services. You acknowledge that The Great Gatsby Party retains exclusive ownership of The Great Gatsby Party Web Site/Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to The Great Gatsby Party Web Site/Services or their contents, and The Great Gatsby Party reserves all rights not expressly granted hereunder. Without the advance express written permission of The Great Gatsby Party, you may not “meta-search” The Great Gatsby Party Web Site/Services, send, or cause to be sent, any automated queries of any sort to The Great Gatsby Party Web Site/Services, or use The Great Gatsby Party Web Site/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to The Great Gatsby Party Web Site/Services to determine how a web site “ranks” on The Great Gatsby Party Web Site/Services.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within The Great Gatsby Party Web Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Great Gatsby Party shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of The Great Gatsby Party Web Site/Services, you will not use The Great Gatsby Party Web Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third party. You may not use The Great Gatsby Party Web Sites/Services in any manner that could damage, disable, overburden, or impair any The Great Gatsby Party Site/Service(s) (or the network(s) connected to any The Great Gatsby Party Web Site/Service(s)) or interfere with any other party’s use and enjoyment of any The Great Gatsby Party Web Site/Service(s). You may not attempt to gain unauthorized access to any The Great Gatsby Party Web Site/Service, other accounts, computer systems or networks connected to any The Great Gatsby Party Web Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Great Gatsby Party Web Site/Services.
USE OF SERVICES
The Great Gatsby Party Web Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
The Great Gatsby Party has no obligation to monitor the Communication Services. However, The Great Gatsby Party reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. If you are aware of misuse of The Great Gatsby Party Web Site/Services, please contact us here.
The Great Gatsby Party reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Great Gatsby Party reserves the right at all times to disclose any information as The Great Gatsby Party deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Great Gatsby Party’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. The Great Gatsby Party does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Great Gatsby Party specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Great Gatsby Party spokespersons, and their views do not necessarily reflect those of The Great Gatsby Party.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO The Great Gatsby Party OR POSTED AT ANY THE GREAT GATSBY PARTY WEB SITE
The Great Gatsby Party does not claim ownership of the materials you provide to The Great Gatsby Party (including feedback and suggestions) or post, upload, input or submit to any The Great Gatsby Party Web Site/Service or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you are granting The Great Gatsby Party, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all The Great Gatsby Party Web Site/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a The Great Gatsby Party Web Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Great Gatsby Party is under no obligation to post or use any Submission you may provide and The Great Gatsby Party may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In connection with your Submissions, you agree that you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, without limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to post the material and to grant The Great Gatsby Party all of the licenses and rights required to be granted herein.
You further agree that you will not, in connection with Submissions, submit material that is inappropriate (see the descriptions in Use of Services) or contrary to applicable law or regulations.
NOTIFICATIONS OF MATERIAL THAT VIOLATES THIRD PARTY RIGHTS
Notice. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:
Counter-Notice. If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received, The Great Gatsby Party may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at The Great Gatsby Party’s sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Great Gatsby Party WEB SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO The Great Gatsby Party WEB SITE/SERVICES AND TO THE INFORMATION THEREIN. The Great Gatsby Party AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN The Great Gatsby Party WEB SITE/SERVICES AT ANY TIME, ADVICE RECEIVED VIA The Great Gatsby Party WEB SITE/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. The Great Gatsby Party AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN The Great Gatsby Party WEB SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. The Great Gatsby Party AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT The Great Gatsby Party SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A The Great Gatsby Party SITE/SERVICE. YOU SPECIFICALLY Y AGREE THAT The Great Gatsby Party IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
The Great Gatsby Party reserves the right, in its sole discretion, to terminate your access to any or all The Great Gatsby Party Web Site/Services and the related services or any portion thereof at any time, without notice.
The Great Gatsby Party may also terminate or suspend your access to The Great Gatsby Party Web Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by The Great Gatsby Party. Upon termination of The Great Gatsby Party Web Site/Service, your right to use The Great Gatsby Party Web Site/Service Immediately ceases.
The Great Gatsby Party shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
The Great Gatsby Party will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay The Great Gatsby Party liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay The Great Gatsby Party’s actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of the New York, NY, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A, in all disputes arising out of or relating to the use of The Great Gatsby Party Web Site/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Great Gatsby Party as a result of this agreement or use of The Great Gatsby Party Web Site/Services. You agree to indemnify and hold The Great Gatsby Party, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on The Great Gatsby Party Web Site/Services. The Great Gatsby Party reserves the right to disclose any personal information about you or your use of The Great Gatsby Party Web Site/Services, including its contents, without your prior permission if The Great Gatsby Party has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of The Great Gatsby Party or its affiliated companies; (3) enforce the User Agreement; or (4) act to protect the interests of its members or others. The Great Gatsby Party’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Great Gatsby Party’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Great Gatsby Party Web Site/Services or information provided to or gathered by The Great Gatsby Party with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Great Gatsby Party with respect to The Great Gatsby Party Web Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Great Gatsby Party with respect to The Great Gatsby Party Web Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.