Terms and Conditions

Welcome to www.my-party.com the website of MyParty™ provided by CPC Marketing, LLC a Minnesota entity doing business as CPC Intersect.

Our services and your use of the website are governed by these Terms and Conditions.

Use is Agreement.  This Website is offered to you on condition of your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement").  Your access and use of this site and its services is deemed to be your acceptance of these terms and conditions which constitutes our Agreement. If you do not agree to the Terms and Conditions of Service/Use for this site, you may not use the site or its services.

If you do not accept all of these terms and conditions, please do not use this Website.

Modification of Terms. We may modify this Agreement at any time at our sole discretion, without prior notice.  Any modifications made by us to this Agreement will be effective immediately upon posting on the site. By accessing or using the site, you agree to be bound by all of the terms and conditions as posted on the site at the time of your access or use.  Except for changes posted by us on the site, no changes shall be effective unless in writing signed by an officer of CPC.

Use of Site.  This site is for your personal, non-commercial use. 

Age.  You must be at least 13 years of age to use this site.

Registration.  When you register on this site you will create a password.  You are responsible for activity of anyone accessing the site with your password.  It is up to you to maintain the confidentiality of your password. Do not let other people use your password.  You represent and warrant to us that your registration info is true and accurate.

Copyrights and Trademarks.  We own the copyright in this site and content on the site that is not user generated.  We grant you a license to access the site and use content for your own personal, non-commercial use.  You may not use trademarks displayed on the site except with our written consent or consent of the trademark owner.

Third Party Links.  This Website may contain hyperlinks to websites operated by parties other than CPC to provide increased value to our visitors.  Such hyperlinks are provided for reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Please take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of items such as viruses, defects and other items of adverse nature. Our provision of hyperlinks to such websites does not imply any guaranty of the material on such websites.

Privacy.  Your use of this site is subject to CPC’s privacy policy.

User Participation communication.
If you submit any comments, posts or other material on the site you give us the right to reproduce, distribute, publish, display, edit, modify, and create derivative works from, and otherwise use your submission for any purpose in any form and on any media.

You also agree that you will not:

  1. Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
  2. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing as determined by CPC in its sole discretion
  3. Post advertisements or solicitations of business or money
  4. Post spam, chain letters or pyramid schemes
  5. Impersonate another person
  6. Allow any other person or entity to use your password

CPC reserves the right (but is not obligated) to do any or all of the following:

  1. Remove communications that fail to conform with these Terms and Conditions.
  2. Terminate access to the site
  3. Edit or delete any posted communications.

Host Applications.  Only one Host Application submission per household.  Individuals ages 13 to 18 years old will be required to submit parent/legal guardian consent when applying to host a party.

Claims within one year.  No action may be brought by either party under this Agreement or otherwise more than one (1) year after the earlier of the time when the cause of action arose, or when the party was aware of facts which put it on notice thereof.

Disclaimer.  THE SITE AND ANY INFORMATION CONTAINED ON OR SERVICES PROVIDED THROUGH THE SITE IS PROVIDED ON AN "AS IS" BASIS.

Warranties and limitation of liability.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE OR OUR SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SITE OR OUR SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS OR PROBLEMS OF ANY KIND, WHETHER TYPOGRAPHICAL, TECHNICAL, HUMAN, MECHANICAL, ELECTRONIC OR OTHERWISE, INCLUDING WITHOUT LIMITATION ERRORS OR PROBLEMS WHICH MAY OCCUR IN PROVIDING SERVICES, PROCESSING REGISTRATIONS, OR IN ANY SITE-RELATED MATERIALS.

IN NO EVENT SHALL CPC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CPC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, OR INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTY, OR THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  BUT IN NO EVENT SHALL CPC LIABILITY EXCEED AN AGGREGATE OF $100.

Indemnification. You agree to defend and indemnify CPC, and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Website.

Release and Waiver for party.  If you host a party event through this site or attend such a party, you agree that IN CONSIDERATION of being permitted to participate in any way in the party you HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE this site or CPC FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY ARISING OUT OF OR RELATED TO THE PARTY WHETHER CAUSED BY THE NEGLIGENCE OF CPC OR OTHERWISE.  ALSO, YOU HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS CPC FROM ANY LOSS, LIABILITY, DAMAGE, OR COST it may incur arising out of or related to the PARTY WHETHER CAUSED BY THE NEGLIGENCE OF CPC OR OTHERWISE.  Further you agree that you will upon request sign a document evidencing the foregoing.

Applicable Laws.  You agree that this Agreement is entered into between you and us in the State of Minnesota, United States of America, and governed by and shall be construed in all respects under the laws of the State of Minnesota, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to this site or our services, we each irrevocably agree to submit to the exclusive personal jurisdiction of the Minnesota State District Court sitting in Dakota County, Minnesota, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Minnesota, and whichever of those two courts has jurisdiction, we each waive any jurisdictional, venue or inconvenient forum objections to such court.

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Notices.  You agree that we may provide notice to you regarding this Agreement, our services and your participation by postings on this site, or by email.

General.  This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Copyright Takedown Notices.  CPC requires our users to respect the intellectual property of others. CPC will investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17 U.S.C. § 512, and other applicable intellectual property laws upon receipt of notices complying with the DMCA.

If you believe that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. Clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our Website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. Assurance that you have a good faith belief that the material you claim as copyright infringement is not authorized by the copyright owner, its agent, or the law.
  5. Assurance that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Takedown notices with respect to this Website should be sent by email to partypeople@my-party.com or by mail to the following address:
CPC Marketing, LLC
Attn: Copyright Takedown
1301 Corporate Center Drive #175
Eagan, MN 55121

We will review and act upon all notices that comply with the requirements above.  Please consult your legal advisor before filing a notice or counter-notice and be aware that you may be liable for damages if you make a false claim of copyright infringement.