These Terms of Use (hereinafter referred to as “Agreement”, “Terms of Use” or “terms”) are a legally binding agreement between you the User (the “User”, “You”, or “Your”) and the Purple Cow Company (“the Company”) doing business as Texas Party People atwww.texaspartypeople.com (hereinafter referred to as “Texas Party People”, “Platform”, “Application”, “Website”, “We”, “Us” or “Our”).

 

By using the Website, you represent that you have read and agree to be bound by the this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as “Terms of Use”. These Terms set out the legally binding agreement with respect to your access and use of the Website and our provision of the Services.

 

Please read these Terms of Use carefully. Your access to Website and/or use of the Service constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access the Application/Website and/or use the Service.

 

  1. Eligibility

The Website is not designed for use by persons under the age of 18 years. If the legal age of entering into binding agreements is older than 18 years in your jurisdiction, you are not eligible to use the Website unless you have attained the age of majority. Membership or use of this Website is void where prohibited by applicable law, and the right to access the Website will be deemed to be revoked in such jurisdictions ab initio. By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. You also represent and warrant to the Company that you will use Website in a manner consistent with any and all applicable laws and regulations.

 

  1. Services

Texas Party People provides an online directory service for Vendors (businesses listed on Texas Party People) to list their party services in Texas and for Clients (Users who are interested in acquiring these services) to find such listed Vendors.

 

The Company reserves the right to change the nature of Services at its sole discretion.

 

  1. How the Site Works

Local businesses in Texas can list their business offerings at www.texaspartypeople.com in accordance with the terms of the listing agreement and clients can search for Vendors that match their needs on the Website.

 

Texas Party People only makes available the online directory service with relevant technology for Users. Unless explicitly specified otherwise on the Website, Texas Party People’s responsibility is limited to facilitating the availability of the Website.

PLEASE NOTE THAT, TEXAS PARTY PEOPLE CANNOT AND DOES NOT CONTROL THE SUITABILITY, LEGALITY OF ANY VENDOR LISTING ON THE PLATFORM. TEXAS PARTY PEOPLE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SERVICES OFFERED BY VENDORS THROUGH THE WEBSITE. ACCORDINGLY, ANY DECISION TO ACQUIRE SUCH SERVICES WILL BE MADE BY THE USER AT THEIR OWN RISK.

 

  1. User Conduct

Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.

 

Users are also prohibited from violating or attempting to violate the security of the Website, including, without limitation the following activities:

  1. accessing data not intended for such user or logging into a server or account which the User is not authorized to access;

 

  1. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

 

  1. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Website, overloading, “flooding”, “spamming”, “hacking” or “crashing”; or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

 

Specific Restrictions on Rights to Use – In addition to the above, the users shall not:

  • modify, adapt, translate, or reverse engineer any portion of the Website and/or Services;

 

  • remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Service;

 

  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Service or for crawling the Website and scraping content or to circumvent the technological methods adopted by the Website to prevent such prohibited use;

 

  • collect any information about other Users including Vendors (including usernames and/or email addresses) for any purpose other than that specified in services;

 

  • reformat or frame any portion of the web pages that are part of the Website and/or Service;

 

  • create user accounts by automated means or under false or fraudulent pretenses;

 

  • create or transmit unwanted electronic communications such as “spam” to other users or members of the Website and/or Service or otherwise interfere with other User’s enjoyment of the Website and/or Service;

 

  • submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;

 

  • transmit any viruses, defects, Trojan horses or other items of a destructive nature;

 

  • use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;

 

  • copy or store any content offered on the Website for other than your own use;

 

  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Company’s IT infrastructure;

 

  1. Remedies with the Company

You understand and agree that the Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company and/or the Website reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Website and/or terminating the membership of such violators and/or blocking their use of the Website and/or Service.

 

The Company shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

 

  1. Account Registration and Access

You may browse the Website and view content without registering, but as a condition to using certain aspects of the Service, you are required to register with the Website by providing us with the required information. You agree to provide us with complete and accurate information upon registration and to keep such information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your User account. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your login credentials. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

 

We reserve the right to access your account and the information that you have provided, for support, maintenance purposes or for any security-related or business reasons.

 

You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

 

  1. Content made accessible by Texas Party People

All Content, publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. The Website or the Company cannot guarantee the authenticity of any content or data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any Vendor information, business service related information, comments, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the Website on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by Users, including content that is added by Users, is collectively referred to as, “Business listing/listings”.

 

  1. Business listing

We may use your Business listing (‘listing’) in a number of different ways in connection with the Site, Service and the Company’s business as the Company may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, promoting it, distributing it. By listing on the Site or otherwise through the Service, you hereby do and shall grant the Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, reproduce, distribute, display, and otherwise fully exploit the listing in connection with the Site, the Service and the Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each User of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your listing through the Site and the Service, and to use, distribute, display such Business listing in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to the Company does not affect your other ownership or license rights in your Business Listing, including the right to grant additional licenses to the material in your listing, unless otherwise agreed in writing with the Company.

 

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

 

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that the Company will not be liable for any errors or omissions in any Content; and that the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

 

When you delete your listing, they will be removed from the Website. However, you understand that any removed data may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed your listing.

 

  1. Modification of Terms of Use

You understand and agree that these Terms and the Website can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Use periodically so that you are aware of any such modifications and the Company shall not be liable for any loss suffered by you on your failure to review such modified Terms. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or Service implemented after your initial access of Website or use of the Service shall be subject to these Terms.

 

  1. Maintenance

The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

 

  1. Ownership

Except for the business listings, any material, content or logos, marks, software on or part of the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by the Company or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to the Company, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

 

  1. Linking Policies

The Website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

 

We welcome links to the Site, however, we reserve the right to revoke your right to link to the Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

 

  1. No Liability for Third Party

If you enter into correspondence or engage in commercial transactions with other Users through the Website, such activity would be solely between you and the third party. The Company shall have no liability, obligation or responsibility for any such activity.

 

  1. Disclaimer

Save to the extent required by law, the Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

 

You release the Company from all liability for you having acquired or not acquired any service through the Website. The Business listings may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Website, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.

 

You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Website, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications, business transactions or meetings with Users or persons you may otherwise meet through the Services.

 

As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Website, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals through our Website.

The Website, business listings and add-to link are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

 

The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:

(a) the Website will be secure or available at any particular time or location;

(b) any defects or errors will be corrected;

(c) any content or software available at or through the Website is free of viruses or other harmful components; or

(d) the results of using the Website will meet your requirements.

 

Your use of the Website, business listings, content and add-to link is solely at your own risk. Some states/ countries do not allow limitations on implied warranties, so the above limitations may not apply to you.

 

  1. Limitation of Liability

All liability of the Company, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use the Website, service, content, business listing is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of the Company, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred dollars (USD $100).

 

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event, will the total liability of Texas Party People or its directors, employees, agents, representatives, partners, suppliers or content providers to you for all damages, losses and causes of action arising out of or relating to these terms, your use of the Website or your interaction with other Users (whether in contract, delict including negligence, warranty or otherwise) with respect to the site, service, content, business listing for:

  • indirect or consequential losses or damages;
  • loss of actual or anticipated profits;
  • loss of revenue;
  • loss of goodwill;
  • loss of data;
  • loss of anticipated savings;
  • wasted expenditure; or
  • cost of procurement of substitute goods or services.

 

Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.

 

  1. Indemnity

You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

 

(i) your access to the Website,

(ii) your use of services offered by businesses listed on the website,

(iii) the violation of these Terms of Use by you, or

(iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

 

  1. Privacy

Use of the Website and/or the Services is also governed by our Privacy Policy.

 

 

 

  1. Miscellaneous

 

Governing law – These Terms are governed by the laws of Texas, USA. By accessing this website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

 

Dispute Resolution – The parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the non-exclusive jurisdiction of the courts in Texas in accordance with the laws of Texas. Texas Party People shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the state where you reside.

 

Assignability -The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-licence or otherwise transfer any of your rights under these Terms of Use to any other party, unless a written consent is taken from the Company.

 

Severability – If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

Waiver – Failure by the Company to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

 

Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

 

Interpretation – Unless the context otherwise requires, headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

 

These “Terms of Use”, “Business Listing Agreement” and “Privacy Policy” of the Website constitute a binding agreement between You and the Company, and is accepted by You when you access this Website.