TERMS OF SERVICE
- ACCEPTANCE OF TERMS
Your use of the Site will constitute your binding acceptance of the Terms of Service, including any changes or modifications made by us. If at any time the Terms of Service are no longer acceptable to you, you should immediately cease all use of the Site.
- ESTABLISHING AN ACCOUNT
To register and create a Client account, you must provide us with your first and last name, email address, and password (“Contact Information”). ALL COMMUNICATIONS BETWEEN US AND YOU ON THE SITE AND IN CONNECTION WITH THE SERVICE WILL BE CONDUCTED VIA EMAIL. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO CONFIGURE YOUR BROWSER TO PREVENT EMAILS FROM BLACK TWINE FROM BEING BLOCKED BY SPAM FILTERING SERVICES.
In creating a Client account, you represent and warrant that you are of legal age to form a binding contract that cannot be voided and become subject to these Terms of Service. You further hereby acknowledge and agree that, in the event that the Service or use of the Service or access to the Site is prohibited or becomes prohibited in the jurisdiction in which you reside or are domiciled, then your right to access is revoked, and you agree not to use or access the Site or Service in any way.
Black Twine reserves the right to refuse registration of a Client account, at any time, in its sole discretion.
You are solely responsible and liable for activity that occurs in connection with your Client account and for maintaining the confidentiality of your Black Twine password.
- DESCRIPTION OF SERVICE
Black Twine provides custom curated party blueprints for Clients who register to use the Site. Clients have the ability to choose from pre-packaged party plans or create-their-own through the custom party services provided.
- RIGHTS AND OBLIGATIONS OF CLIENT
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability and for any reason.
You agree to use the Service in accordance with the following Code of Conduct.
- You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language;
- You will not forward chain letters, junk mail or otherwise engage in unsolicited mass mailing or spamming;
- You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services or engage in other commercial activities and/or sales (including, but not limited to, contests, sweepstakes, barter, or pyramid schemes) without our prior written consent.
- You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything that might cause harm to the Service, the Site or to any other person.
- You will not impersonate any person or entity or use another’s identity or log on information to access the Site.
You agree that we have no responsibility for the deletion, corruption or failure to store any content maintained or transmitted by the Service or in connection with the Service. You acknowledge that we reserve the right to sign out, terminate, delete or purge your account from the Service if it is inactive. “Inactive” means that you have not signed into the Service for a particular period of time, as determined by us, in our sole discretion.
You agree to protect your Client account and the security of the Site by guarding your password. If you have reason to believe that your Client account or password has been compromised or if there has been any unauthorized use of your Client account, you agree to contact us immediately at Customer Service at the email set out on the Site.
- RIGHTS AND OBLIGATIONS OF BLACK TWINE
Black Twine takes reasonable precautions to protect your information from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that your information will be absolutely safe from intrusion by others, such as hackers. Any unauthorized access to or use of the Site or information collected and maintained by the Site should be immediately brought to the attention of Black Twine by contacting us at Customer Service at the email set out on the Site. We will investigate and if necessary, take action to prevent or halt any such unauthorized access or use.
If we determine, in our sole discretion, that information posted by you to the Site poses a threat to the proper technical operation or the security of the Site, we reserve the right to delete that information immediately, without notice or liability to you.
We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Black Twine Content (as defined below), without prior notice or liability.
- PROPRIETARY RIGHTS
You acknowledge that the Site contains information, text, software, forms, graphics, links and other material (collectively, the “Black Twine Content”) that is protected by copyright, trademark or other proprietary rights of us or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any Black Twine Content, or any other content accessed through the Site.
You may download or copy any Black Twine Content owned by us, provided that you maintain all copyright and other notices contained thereon. If you have any question as to whether we own certain content contained on the Site, do not download or copy it without first contacting us (e.g., Black Twine Content that appears to have been uploaded by a third party should not be copied or downloaded by you). Except as expressly set out in these Terms of Service, you may not (i) copy, download, modify, publish, sublicense, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Black Twine Content, in whole or in part, without our prior written consent; (ii) disassemble, reverse engineer or decompile the Site or any portion thereof; (iii) use any “deep-link,” “page-scrape,” “robot,” “spider,” “offline readers,” or any equivalent manual process, to access or monitor any portion of the Site; (iv) collect any personally identifiable information, including user names or passwords, from the Site; (v) take any actions that may circumvent, disable or damage the Site’s security; (vi) disparage the Site or Black Twine; or (vii) use the Black Twine Content or the Site in any manner that we may, in our sole and exclusive discretion, deem inappropriate.
Any rights not expressly granted herein are reserved by us.
Black Twine collects fees from clients in the following ways:
- Direct orders: Black Twine may offer party blueprints and packages where clients pay for services in advance.
- Orders from 3rd party vendors: Client merchandise orders are fulfilled through 3rd party vendors. Black Twine may process these orders in one of two ways 1) Black Twine will take client payment information with client permission and place the order on the client behalf or 2) Black Twine will take payment from client in the amount of the order. Black Twine will then place the order using its own funds at which point Black Twine is the merchant of account for the order.
- THIRD PARTY SITES
The Site may contain links to sites that are unrelated to us and are owned and operated by third parties (the “third-party sites”). Black Twine does not make any representations or warranties about any third-party sites you may access through the Site. These links are provided solely as a convenience to you and do not constitute an endorsement by us, or imply that we sponsor, are affiliated or associated with or otherwise recommend, certify or endorse the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other site.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of these Terms of Service, we may, in our sole discretion, declare you to be in breach of these Terms of Service, suspend or terminate your use of the Site and the Service, and/or seek prosecution to the fullest extent of the law.
These Terms of Service and your right to use the Site and the Service will terminate immediately without notice from us, if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, if you are an infringer of any third party’s rights, if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this Site or for any other reason.
- DISCLAIMER OF WARRANTIES
Your use of the Site is at your own risk. If you are dissatisfied with the Site or any Black Twine Content, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
Opinions, advice, recommendations, statements, offers or other information or content made available by third parties (including party planners) through the Service, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for their content. Black Twine does not: (a) guarantee the accuracy, completeness, or usefulness of any information on the Service; (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, recommendation or statement of any party that appears on the Site or which results in connection with Client’s use of the Services. Under no circumstances will Black Twine or its affiliates be responsible or any loss or damage resulting from your reliance on information or any other content posted on the Site or transmitted to you by any third person.
BLACK TWINE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES BLACK TWINE WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE BLACK TWINE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE BLACK TWINE CONTENT ARE PROVIDED TO YOU “AS IS”. NONE OF BLACK TWINE, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY BLACK TWINE CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU.
You specifically acknowledge and agree that Black Twine and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user or third party. In addition, while we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Black Twine Content made available through the use of the Site, will be free of viruses or destructive materials and we shall not be liable for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, or use of the Site or the server that makes it available, or your downloading of any Black Twine Content from the Site.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BLACK TWINE AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. CLIENT’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS RELATING TO THE SERVICE AND/OR THESE TERMS OF SERVICE WILL BE A CLAIM FOR MONEY DAMAGES NOT TO EXCEED THE AMOUNT OF THE FIXED FEE PAID BY CLIENT. AGAINST BLACK TWINE THE EXTENT OF ANY THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER BLACK TWINE, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BLACK TWINE 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 USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR OTHER INTERACTIONS BETWEEN YOU AND ANY OTHER PERSON TO WHOM YOU HAVE CONNECTED THROUGH THE SERVICE. YOU UNDERSTAND THAT BLACK TWINE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED REGARDING THE PROVISION TO YOU OF ANY SERVICES PERFORMED BY ANY STYLIST YOU SELECT IN CONNECTION WITH YOUR USE OF THE SERVICE.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
You agree to indemnify, defend and hold harmless, Black Twine, its affiliates, subsidiaries, and its and their respective members, officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any information or materials you submit, transmit or otherwise make available through the Site; (ii) your use of the Site, or (iii) your breach or alleged breach of these Terms of Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by us in the defense of any claim. In any event, you shall not settle any matter without our written consent.
The Terms of Service shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and the parties irrevocably consent to bring any action to enforce the Terms of Service in the federal or state courts located in New York. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition, or a sale of all or substantially all of our assets. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of these Terms of Service. Further, the waiver by either party of a particular breach of these Terms of Service by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms of Service. These Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and have no legal or contractual effect. The Terms of Service constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except as provided herein.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF SERVICE, PLEASE EXIT THE SITE.