PRIVACY POLICY / TERMS AND CONDITIONS AGREEMENT
These Terms and Conditions (“Terms”) govern your access to and use of Party Pyx. Please read these Terms carefully and contact us if you have any questions. By accessing or using Party Pyx, you agree to be bound by these Terms. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Madlau Holdings, LLC, doing business as Party Pyx:
DEFINITIONS
· Application (also referred to as “the App”) means the software program provided by the Company downloaded by You on any electronic device, named Party Pyx.
· Application Store (also referred to as “Apple App Store” or the “App Store”) means the digital distribution service and electronic store branded, owned, operated and developed by Apple Inc. in which the Application has been downloaded.
· Account refers to a unique account created by You to use and access our Service.
· Affiliated Links are special URLs that track referrals from our App to third-party websites. When you click on an affiliated link, you are redirected to a third-party site where you may make a purchase or take other actions.
· Company (also referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Madlau Holdings, LLC, doing business as Party Pyx.
· Content refers to photos, images, texts, comments, or any related content or information.
· Device means any device that can access the Service such as a computer, cellphone, digital tablet, or any electronic device.
· Products refer to the product or items offered for sale through the Service.
· Orders refer to a request by You to purchase Products from Us, or through Us.
· Service refers to the Application.
· Terms and Conditions (also referred to as “Terms” or “Terms of Use”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
· Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
· You (also referred to as either “the User” or “Your”) means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
USER ACCOUNTS
When You create an Account with Party Pyx, You must provide Us information that is current, accurate, complete, and accurate at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service (see Termination and Deletion of Accounts).
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity, any name or trademark that is not lawfully available, or any name that is offensive, vulgar or obscene. Additionally, you may not use a name that is subject to the rights of another person or entity without appropriate authorization.
USE OF THE APP
Orders
By placing an Order for Products through the Service, You warrant You are legally capable of entering binding contracts.
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information pertinent to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. You further agree to pay all charges at the prices then in effect for Your purchase and any applicable shipping fees, and You authorize us to charge Your chosen payment provider for any such amounts upon placing Your order. We reserve the right to correct any errors or mistakes in pricing, even if We have already requested or received payment, and to refuse any order placed through the Service. We may, in our sole discretion, limit or cancel quantities purchased per person or per order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to: errors in the description or price for Products, Products availability, and errors in Your order. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. Any Products purchased can only be returned or refunded in accordance with these Terms.
Affiliated Links
The App includes links to Products and services provided by third parties through affiliate programs. When you click on these links and make a purchase or engage with these services, We may receive a commission or other form of compensation. Your use of affiliate links will not affect the price You pay for Products or services. The commission We receive is provided by the affiliate partner at no additional cost to You.
Some affiliate links may use tracking technologies or cookies to monitor Your activity on their site for the purpose of processing the transaction and ensuring that we receive appropriate commission. The use of cookies and tracking technologies on these third-party sites is subject to their own privacy policies.
While We aim to partner with reputable companies, Our inclusion of affiliate links does not imply endorsement of the Products, services, or content offered by these third-party sites. Our inclusion of these links is based solely on Our belief that they may be of interest or value to You.
TERMINATION AND DELETION OF ACCOUNTS
Please be aware that once Your Account is terminated or deleted as outlined in this section, You will permanently lose access to all Content and data associated with it. This includes, but is not limited to, saved Content, posted Content, purchase history, and personal information linked to Your Account and Your Orders. We are not liable for any loss of data resulting from the termination or deletion of Your Account.
Termination by Us
We reserve the right to terminate or suspend Your access to the App at any time, without prior notice or liability, for any reason whatsoever, including without limitation, if You breach these Terms. We may terminate Your use or participation in the Service or delete Your Account and any Content or information that You posted at any time, without warning, in our sole discretion. Upon termination, Your right to use the Service will cease immediately.
User-Initiated Account Deletion
To delete Your Account, click on the menu in the top left. Select “Delete Your Account.” Alternatively, You may contact our support team at contact@partypyx.com with Your request to delete Your Account. Once you initiate a request to delete Your Account, We will process the deletion within 30 days. Deleted Accounts cannot be reactivated. If You wish to use our Service again after Account deletion, You are required to create a new Account. Upon Account deletion or Account termination, We will retain certain data, as required by law or as necessary, for Our legitimate business purposes.
USER CONTENT
Posting Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. Nothing in these Terms entitles You to payment or right to share in revenue from any monetization of User Content.
You retain any and all of Your rights to any Content You submit, post or display on or through the Service. However, You are responsible for protecting those rights.
You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant Us the right and license, as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
You are responsible for the Content of, and any harm resulting from, Your Content. You further agree not to post Content that is: (1) pornographic, fraudulent, immoral, illegal, harassing, offensive, or defamatory in nature, (2) seeks harm or exploit children by exposing them to inappropriate content, (3) may constitute or contribute to a crime or tort, (4) contains information that may be deemed unlawful, harmful, abusive, racist, or offensive, (5) may create a risk of loss, harm, physical or mental injury, emotional distress, death, disfigurement, or physical or mental illness to any other person, (6) contains information that would violate the privacy or publicity of rights of any third party, (7) contains information that You do not have the right to make available under any law, statute, or under contractual or fiduciary relationships, (8) contains information You know is not correct and current, or (9) promotes physical harm, racism, bigotry of any kind against any group or individual.
INTELLECTUAL PROPERTY RIGHTS
Infringement
Our policy is to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person or entity. If You are a copyright owner, or authorized on behalf of another entity, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement on the Service, You must submit Your notice in writing to the attention of Our copyright agent via email: contact@partypyx.com. Include in Your notice a detailed description of the alleged infringement as well as any supporting documentation. A user may be held responsible for damages for misrepresentation of Content.
Our Rights
The Service and its original Content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. These rights include all patent, copyright, moral, trademark, and service mark rights as well as other intellectual property rights as may not exist or hereafter come into existence under the laws of any state, province, territory, or other jurisdiction. You acknowledge and agree that We own all right, title, and interest in and to Party Pyx and all rights described herein.
THIRD-PARTY LINKS
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
LIMITATION OF LIABILITY
By using the App, You acknowledge that Your use carries inherent risk, similar to those associated with any other app. By accessing and using the App, you accept these risks and the Terms herein.
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. If You make a purchase through an affiliated link within the App and encounter any issues, You agree to address these concerns directly with the third-party provider.
For vendors, in no event shall the Company’s aggregate liability for claims related to the Service exceed the amount paid to the Company, including subscription fees or advertising costs. The Company makes no guarantees, promises, representations or warranties regarding the ability of any third-party provider to perform their services.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. These limitations shall also apply regardless of the legal theory under which the claims are asserted and shall remain in effect indefinitely, even if the Company terminates Your account or You delete Your account.
PRIVACY POLICY
Your access to and use of the Service is conditioned upon Your acceptance of and compliance with Our Privacy Policy. This policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application and informs You about Your privacy rights. Please read carefully before using the Service.
When You use Party Pyx, You voluntarily share the following information:
1) Account – when You join the Service, We collect information, including but not limited to, Your name, email, birthday, address, country of residence and gender.
2) Content – when You join the Service, We collect information on Your Content.
3) Location Information – when You join the Service, We collect information on where You live, and depending on where You live, You can choose to share Your precise location using Your devices’ settings.
4) Your Communications – when You join the Service, We collect information when, and if, You contact us for customer support or questions and otherwise communicate with the Company.
5) Purchase History – when You join the Service, We may collect basic information about what You purchased through using our App. When You follow a Party Pyx owned link, We collect the destination of that link.
This information may be used in the following ways:
1) To Provide Services – We use Your information to provide and manage our event planning services, including but not limited to event creation, management, and vendors.
2) To Improve our App – We use Your information to analyze trends, improve app functionality, and enhance user experience.
3) To communicate with you – We may send You updates and other information related to the app.
This information may be disclosed in the following ways:
1) With Service Providers – We may share Your information with third-party service providers who perform functions on our behalf, such as data analytics and customer support.
2) For Legal Reasons – We may disclose Your information if required to do so by law, to comply with legal processes, or to protect our rights, property, or safety, or the rights, property, or safety of others.
3) Sales – We do not sell Your information.
Following Your removal of any Content or the termination or deletion of Your Account, the Company may retain Your content indefinitely for various purposes, including backups or audits. Additionally, the Company may continue to use, store, display, and distribute any Content that other users have stored or shared on the App.
INFORMATION SECURITY
We prioritize the security and confidentiality of Your data and are committed to protecting Your personal information from unauthorized access, disclosure, alteration, and destruction. To achieve this, we have implemented appropriate, industry-standard security measures to protect Your personal information from unauthorized access, use, or disclosure. Access to Your data is restricted based on the principle of least privilege. Only employees or contractors who require access to perform their job duties are granted access to Your information.
In the unlikely event of a data breach, We will notify affected users, investigate the breach, and take corrective actions to prevent future incidents.
AGE RESTRICTION
Our Service is intended for users who are 18 years old. By using Our App, You represent and warrant that You are 18 year of age or older and have the legal authority to enter into these Terms.
DISCLAIMERS
The Service is provided to You "as is" and "as available" and with all faults and defects without warranty of any kind. You acknowledge that You use the Service at Your own risk. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's licensors and providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, Content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or Content provided through the Service; or (iv) that the Service, its servers, the Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so, some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any disputes arising from these Terms or Your use of the App will be resolved in the state and/or federal courts located in the State of North Carolina. You consent to venue in, and the jurisdiction of, such courts mentioned above.
CHANGES TO TERMS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least thirty (30) days’ notice prior to any new terms taking effect, and will notify You in the App once the updated policy has gone into effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
CONTACT US
If You have any questions about these Terms, please contact us at: contact@partypyx.com
By using the Service, creating an account and checking the "I agree" (or similar) box, or otherwise accessing or using the Service, You (1) agree that You have read, understood, and agree to be bound by the Terms, and (2) have read and acknowledged the collection and use of Your information as set forth in the Privacy Policy provision, whether or not You are a registered user of the Service.
These Terms apply to all users, buyers, sellers, and others who access the Service. If You open an account on the Service on behalf of an organization or on another’s behalf, then (1) You includes both the individual and that entity, and (2) You represent and warrant You are authorized to represent that entity with the authority to bind the entity to these Terms, and You agree to these Terms on the entity’s behalf. Privacy Policy / Terms of Use
Effective Date: August 5, 2024
Welcome to Party Pyx! We value your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our event planning app. When we refer to Party Pyx throughout this document, or to “we,” “us” or “our”, we’re referring to Madlau Holdings, LLC, doing business as Party Pyx. By using our app, you agree to the practices described in this policy. If you do not consent, you should not access or use the platform.
This privacy policy only applies to Party Pyx and does not apply to any websites, products, applications or services provided by third parties not affiliated with Party Pyx that you may visit or interact with via a link provided in the app. We encourage you to learn more about the privacy policies of third parties directly from the third parties.
1. Information We Collect
2. How We Use Your Information
3. How We Share Your Information
4. Data Security
We implement appropriate, industry-standard security measures to protect your personal information from unauthorized access, use, or disclosure. However, no system is completely secure, and we cannot guarantee the absolute security of your information.
5. Your Choices and Rights
6. Third Party Websites
Our app contains links to third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of these other sites. We encourage you to review the privacy policies of any third-party websites you visit, as they may have different practices and policies regarding the collection, use, and sharing of your information. These third-party sites may collect data about you, use cookies, or have their own privacy policies. Your interactions with these websites are governed by their own terms and conditions, and we are not liable for any issues that may arise from your use of these external sites. While we strive to provide only links to reputable and secure sites, we cannot guarantee the security or privacy of information that you provide to third parties. Therefore, it is important to be cautious and to understand the privacy policies of any site you visit. If you have any concerns about the privacy practices of any third-party site linked from our app, please contact them directly for more information.
7. Affiliated Links
Our app includes links to products or services provided by third parties through affiliate programs. This means that when you click on these links and make a purchase or engage with these services, we may receive a commission or other form of compensation.
8. Age Restriction
Our app is intended for users who are at least 13 years old. By using our app, you confirm that you are at least 13 years old. We do not knowingly collect personal information from individuals under 13. If we become aware that we have collected personal information from a user under 13, we will take steps to delete such information promptly.
9. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or for legal reasons. We will notify you of significant changes by posting the updated policy in the app. Your continued use of the app after any changes constitutes your acceptance of the revised Privacy Policy.
10. Contact Us
By using Party Pyx, you agree to this privacy policy. If you have any questions or concerns about this privacy policy or our data practices, please contact us at:
Party Pyx
contact@partypyx.com
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