SNOWBALL PARTY TERMS OF SERVICE

Last Updated: [insert date terms are posted]

These Terms of Service (“Terms”) apply to your access to, use of or participation in the websites, applications, organized events and other products and services (collectively, our “Services”) provided by Digital Pricks LLC d/b/a Snowball Party (“Snowball Party” or “we”). By clicking “I Accept” or accessing and using our services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 13, do not access or use our Services.

If you have any questions about these Terms or our Services, please contact us at contact@thesnowballparty.com 

  1. Eligibility

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services.  If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

  1. User Accounts and Account Security

You may need to register for an account or use your credentials (e.g., username and password) from a third-party social media platform to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. 

  1. Privacy

Please refer to our Privacy Policy [insert link] for information about how we collect, use and disclose information about you.

  1. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

  • Use or attempt to use another user’s account without authorization from that user;

  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;

  • Bypass or ignore instructions contained in our robots.txt file, accessible at [insert URL], that controls automated access to portions of our Services; or

  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

  1. Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Snowball Party Content”) are owned by or licensed to Snowball Party and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Snowball Party and our licensors reserve all rights in and to our Services and the Snowball Party Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Snowball Party Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Snowball Party Content; (b) copy, reproduce, distribute, publicly perform or publicly display Snowball Party Content, except as expressly permitted by us or our licensors; (c) modify the Snowball Party Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Snowball Party Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Snowball Party Content other than for their intended purposes. Any use of our Services or Snowball Party Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

  1. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Snowball Party or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Snowball Party. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Snowball Party, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Snowball Party Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims")arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Snowball Party Parties of any third party Claims, cooperate with Snowball Party Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees).  You also agree that the Snowball Party Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Snowball Party or the other Snowball Party Parties.

  1. Disclaimers

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Snowball Party does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Snowball Party attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

  1. Limitation of Liability

Snowball Party and the other Snowball Party Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Snowball Party or the other Snowball Party Parties have been advised of the possibility of such damages.

The total liability of Snowball Party and the other Snowball Party Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Snowball Party or the other Snowball Party Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  1. Release

To the fullest extent permitted by applicable law, you release Snowball Party and the other Snowball Party Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You understand that use of the Services may entail the use of public transportation or ride-sharing applications and that you may have the opportunity to consume food or alcohol. You understand and agree that these activities may involve an element of risk and you hereby knowingly assume those risks. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  1. Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

  1. Electronic Communications

By creating a Snowball Party account, you also consent to receive electronic communications from Snowball Party (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

  1. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Snowball Party and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Snowball Party seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Snowball Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Snowball Party waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Los Angeles County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.  

You and Snowball Party agree that any dispute arising out of or related to these Terms or our Services is personal to you and Snowball Party and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. 

You and Snowball Party agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law.   As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Snowball Party agree that for any arbitration you initiate, you will pay the filing fee and Snowball Party will pay the remaining JAMS fees and costs.  For any arbitration initiated by Snowball Party, Snowball Party will pay all JAMS fees and costs.  You and Snowball Party agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and SNOWBALL PARTY will not have the right to assert the claim.  

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 13 by sending an email to connect@snowballparty.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.

  1. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California.

  1. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

  1. Terms of Sale

Please refer to our Terms of Sale [insert link] for the terms, conditions and policies applicable to any purchases you make on or through our Services. By making a purchase on or through our Services, you agree to the Terms of Sale. We may change the Terms of Sale at any time without notice to you, so you should review them each time you make a purchase.

  1. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

  1. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  1. Miscellaneous

These Terms constitute the entire agreement between you and Snowball Party relating to your access to and use of our Services. The failure of Snowball Party to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.