This site ("Site") is owned and operated by Pickle Party ("Pickle Party").
This Site is not directed to children under 13 years of age, and children under 13 years of age shall not use this Site or submit any personal identifiable information about themselves.
SUBSEQUENT REVISIONS TO AGREEMENT
Pickle Party reserves the right, in its sole discretion, to modify, alter or otherwise change this Agreement at any time and you agree to be bound by such modifications, alterations and/or additions without further notice. Accordingly, Pickle Party recommends that you periodically visit this page to review the current Agreement. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by any future terms, do not use this Site.
COPYRIGHTS, TRADEMARKS AND PROPRIETARY INFORMATION
All of the content made available on this Site, including, without limitation, images, illustrations, text, audio clips, video clips and software (collectively “Materials”), are copyrighted materials, trademarks and/or other proprietary information, which are owned or controlled by Pickle Party or by other parties that have licensed to Pickle Party the right to use the Materials. Additionally, all the Materials on this site are copyrighted as a collective work under the United States copyright laws and similar laws of other jurisdictions and Pickle Party owns a copyright in the selection, organization, arrangement and enhancement of such Materials. Pickle Party™ is a trademark and service mark of Pickle Party and all rights in such trademark/service mark are reserved. All other trademarks and service marks appearing on the Site are the property of their respective owners and all rights in such trademarks/service marks are also reserved. Except for preparing and sending a card to another individual, You agree not to display, reproduce, distribute, modify, use, encumber, license, publish, sell, transfer or transmit, or in any way exploit, the Materials without the express written permission of Pickle Party and their respective copyright and/or trademark owner (from whom you are solely responsible for obtaining permission). Any violation of this paragraph may result in severe civil and criminal penalties.
By accessing and using this Site, You understand and acknowledge that there are Materials on the Site that You may find offensive. This Site contains Materials that You or others may consider offensive, pornographic, racist, sexist, indecent, or just in extremely bad taste. Do not access or use this Site or the Materials if you would be offended by nudity, sexual, racial or other references, or bad jokes, puns and questionable humor. By accessing and using the Site and Materials You waive any claims of any kind that You might have against Pickle Party, its officers, directors, employees, agents, attorneys, spouses and mothers as a result of Your viewing, reading or hearing any of the Materials contained on the Site.
RESTRICTIONS ON THE USE OF THE SITE AND MATERIALS
Pickle Party may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any feature or Materials, at any time. Pickle Party may remove, modify or otherwise change any Materials, including that provided by third parties, on or from this Site. Pickle Party may impose limits on certain features and services or restrict Your access to parts or all of the Site without notice or liability. Pickle Party may terminate Your use of the Site at any time in its sole discretion.
(a) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or linked sites;
(b) disrupt or interfere with any other user's enjoyment of the Site or linked sites;
(c) upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
(d) use or attempt to use another's account, service or system without authorization, or create or use a false identity on this Site;
(e) transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and,
(f) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access.
In addition, you agree that:
(a) you are solely responsible for actions and communications undertaken or transmitted under your account, including any portions of your account accessible only by password;
(b) you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site.
If you violate any provision of this Agreement, Your permission to use the Site and Materials automatically terminates and You must immediately destroy any copy You have of any of the Materials.
RULES FOR BULLETIN BOARDS AND CHATROOMS
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement in the required form should be sent to Pickle Party' designated agent as identified on the U.S. Copyright Office’s web site or such other URL as the Copyright Office may designate from time to time. . Pickle Party may, in its discretion and without notice, terminate access or use of the Site by any users who infringe the intellectual property rights of others, or take such other action as Pickle Party deems appropriate under the circumstances.
This Site may contain links to websites owned or controlled by third parties (the "Linked Sites"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Pickle Party of -- or responsibility for -- the third parties or any content, services or products available on or through such Linked sites. The Linked Sites are for your convenience only and you access them at your own risk.
All links to this Site must be approved in writing by Pickle Party, except that Pickle Party consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link "points" only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays the home page of the Site full-screen and not within a "frame" on the linked website, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Pickle Party, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Pickle Party. Pickle Party reserves the right to revoke this consent to link at any time in its sole discretion.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
THIS SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. neither Pickle Party nor ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "PICKLE PARTY") SHALL BE responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or the Materials. You agree to be SOLELY responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto.TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PICKLE PARTY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL MATERIALS DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR TRANSMISSION OF SUCH MATERIALS TO A THIRD PARTY. PICKLE PARTY ASSUMES NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE MATERIALS DISTRIBUTED OR MADE AVAILABLE THROUGH THE SITE.
PICKLE PARTY DOES NOT MAKE ANY WARRANTY THAT THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES PICKLE PARTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR MATERIALS OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
PICKLE PARTY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, MISDELIVERY OR NONDELIVERY OF MATERIALS OR EMAIL, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS, EVEN IF CAUSED BY THE NEGLIGENCE OF PICKLE PARTY.
PICKLE PARTY SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
IN NO EVENT SHALL PICKLE PARTY'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PICKLE PARTY, IF ANY, FOR ACCESS TO THE SITE.
This site is controlled and operated by Pickle Party from its offices in the State of California, United States of America. Pickle Party makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. Pickle Party has the right at any time to modify, change, add to, discontinue or alter in any manner any aspect of this Site including, without limitation, the Materials and this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supercedes all previous written or oral agreements between the parties hereto with respect to such subject matter.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
You hereby waiver any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing your use of the Site and destroying all Materials obtained from it.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you bring to enforce this Agreement or any matters related to this Site shall be brought exclusively in either the State or Federal Courts located in Los Angeles County, California and both parties unconditionally consent to personal and exclusive jurisdiction of such courts. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.