ABC Party Essentials respects your privacy and is committed to maintaining the privacy and confidentiality of personal data we collect. The purpose of our Privacy Statement is to demonstrate our firm commitment to the privacy and protection of all persons who provide personal data to ABC Party Essentials and its affiliates. This Privacy Statement describes the ways we collect information from and about you, and what we do with the information, so that you may decide whether or not to provide information to us.
By visiting ABC Party Essentials websites or are otherwise providing your personal information to ABC Party Essentials via any other means, you are accepting and consenting to the practices described in this Privacy Statement.
For purposes of this Privacy Statement, the term “visitor” includes visitors to our websites who are not yet customers, those who become customers, as well as those who do not become customers; whether you upload information to our websites, download it, or are merely visiting our websites. You can choose not to provide certain information when using our websites but then you might not be able to take advantage of many of its features.
1. WHAT DO WE COLLECT AND WHERE?
The information we collect may include your personal information, such as your name, contact information, financial account numbers, IP addresses, Live Chat Messages, Telephone conversations, product and service selections and orders or other things that identify you individually.
Generally, we may collect information about you in the following manners:
you may provide your personal information to us via chat, email or other written correspondence, telephone calls, web based forms, or other means;
via third party providers; and
ABC Party Essentials affiliates located in the European Union may provide ABC Party Essentials with personal information about their prospective or current customers.
You may visit our Websites in any of the following ways:
By viewing an advertisement displayed on a third party website that is served content by our web server;
By viewing an email that is served content by our or a third party web server.
When you visit our Website, our server logs your IP address (unique network addresses), the time and duration of your visit, and the time and duration of the pages on our website you view. If you arrive at our website by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks your visit from that link. If you arrive at our Website by clicking a non-paid source, such as link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks your visit from that source, to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.
We will likely place a cookie on your hard drive during the web visit. A cookie is a unique alphanumeric identifier that we use to help us identify the number of unique visitors to our Website, whether or not those visitors are repeat visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them and personal information cannot be gathered from them. They are simply an identifier shared between you and us to allow us to improve the services we offer to you through our Website. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser's "security settings" section. However, please note, permanently disabling cookies in your browser may hinder your use of our Website as well as other websites and interactive services.
A web beacon, also known as a web bug, is a small graphic (usually 1 pixel x 1 pixel), that is embedded in a web advertisement, email, or page on our web site, but is invisible to you. When you view a page on our web site, an email or an advertisement your web browser will request the web beacon from a web server, which in turn will set a cookie in your web browser containing a unique identifier. This unique identifier will be linked to log information that is used to track your movements on our web site in order to determine the effectiveness of content and advertising campaigns.
We do not collect personal information about you as part of a web visit, but web visit information may be tied to other information (including personal information) we collect from you via chat, web forms, and the other means we describe in this Privacy Statement.
Our advertising agencies may also use web beacons and cookies to track your activity on our website originating from the advertisement. However, we will not provide your personal information to our advertising agencies. Our advertising agencies maintain their own privacy policies, and you should also review those.
Links to non-ABC Party Essentials Websites
We may provide links to third-party websites for your convenience and information. The privacy practices of those sites may differ from ABC Party Essentials practices and are not controlled by ABC Party Essentials and covered by this Privacy Statement. We do not make any representations about third-party websites. We encourage you to review their privacy policies before submitting your personal data.
Personal information received from the EU and/or Switzerland
When ABC Party Essentials is a data controller – Safe Harbor compliance
ABC Party Essentials complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. ABC Party Essentials has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement, with respect to the personal data we collect from EU and/or Swiss data subjects or receive from our affiliates located in the EU and/or Switzerland, such as information regarding service requests, service orders, handling orders, delivering services and processing payments. To learn more about the Safe Harbor program, and to view ABC Party Essentials ’s certification, please visit
When ABC Party Essentials is a data processor
ABC Party Essentials ’s obligations with respect to personal data for which ABC Party Essentials is solely a data processor, such as personal data that ABC Party Essentials ’s customers store or transfer using ABC Party Essentials ’s technology hosting services, are defined in its agreements with its customers and are not included in this Privacy Statement. In those circumstances ABC Party Essentials receives personal data from the EU as an agent of the customer merely for processing and is not required to apply Safe Harbor principles to that information. The customer will remain responsible for the personal data that it collects and processes and for the compliance with applicable data protection laws.
We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.
Children’s Online Privacy Protection
Our services are not designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13.
2. WHAT DO WE USE THIS INFORMATION FOR?
We may use your information to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of the Website, recommend merchandise and services that might be of interest to you, to personalize your visit to our Website, and to enable us to review develop and continually improve the products services and offers we provide online. We also use this information to prevent or detect fraud or abuses of our Website and to enable third parties to carry out technical, logistical or other functions on our behalf.
We use visitor information to send information about our company to visitors and to get in touch with them when necessary. We also use the information we collect to improve the content of our websites and as training aides for our employees. Visitors are given the choice at the point when we request their information.
Financial Information and payment card details
We may ask visitors to enter credit card or account information in order to process orders for services placed with ABC Party Essentials or its affiliates. Financial information provided via our website or via the ABC Party Essentials ® portal is transferred over a secure connection. We collect this information on a transaction-by-transaction basis and will not authorize the release of the information with anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements.
Credit card numbers are used only for processing payments and are not used for any other purposes. When we use third party service providers for credit card processing services we will enter into a written agreement with such third party ensuring appropriate security and confidentiality measures are in place in safeguarding your personal data.
We use web visit information to measure interest in and develop our web pages and marketing plans, customize the content you view on your web visits based on your activity on past visits, and administer our Website.
We use the visitors’ IP address to help diagnose problems with our servers, and to administer our Websites.
We use web beacons to count the number of times that our advertisements and web-based email content are viewed. We combine web beacon information with cookies to track activity on our website originating from advertisements and web-based email content.
We use information you provide to us via telephone calls, chat, email, web forms and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, we will use the information to establish your account. Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about your web visits. Your telephone call may be recorded for training purposes and we may enter information you provide via telephone into our systems to use for the purposes described in this paragraph.
3. DISCLOSURE OF PERSONAL INFORMATION
Personal information we gather is for internal use only and will not authorize the release of this information to anyone outside ABC Party Essentials (except to third party service providers to ABC Party Essentials who perform functions on our behalf but in such event personal information will only be shared to the extent reasonably necessary to perform their functions and they will not be authorized to use it for any other function), unless you have consented to such disclosure.
Should you breach our terms and conditions or website terms, or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In particular, we may release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.
We may release the information we collect to third parties, where the information is provided to enable such third party to provide services to us, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Statement, and is permitted to use the information only for the purpose of providing services to us.
4. OPTING OUT OF COMMUNICATIONS
ABC Party Essentials gives you an opportunity to chose to opt-out of personal data being disclosed to third parties for a purpose incompatible with the purpose for which it was originally collected (except for meeting applicable legal requirements or permitting third party service providers who perform functions on our behalf as described in section 3 of this Privacy Statement), including your opting out of receiving future marketing mailings. We will not use your contact information to correspond with you about our services if you ask us not to. Please send your request or write us at Compliance Officer, ABC Party Essentials Inc, 2902 Natalie Avenue Las Vegas Nevada 89129. Please note that it may take up to ten days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.
5. SECURITY OF YOUR INFORMATION
ABC Party Essentials is committed to industry best practices approaches concerning security measures to prevent the loss, misuse and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us on a computer system located in a controlled facility with a limited access. Visitor textual information is encrypted during transmission, our company databases are accessible only by ABC Party Essentials employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreement with ABC Party Essentials .
6. DATA INTEGRITY
Personal data we collect is relevant for the purposes for which it is to be used. ABC Party Essentials takes reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.
7. RIGHT TO ACCESS YOUR PERSONAL INFORMATION
If you believe that any personal information we have about you is incorrect, or is, has been, or might be used inappropriately, please contact us at , and we will take steps to correct or delete the information, or restrict its use, as appropriate.
ABC Party Essentials utilizes the self-assessment approach to assure its compliance with its Privacy Statement. ABC Party Essentials regularly verifies that the privacy statement is accurate, comprehensive, prominently displayed, completely implemented and in conformity with the Safe Harbor Principles and conducts its self-assessment on an annual basis to ensure that all relevant privacy practices are being followed. Appropriate employee training is in place and internal procedures for periodically conducting objective reviews of compliance are in place. A statement verifying this self-assessment is signed by a corporate officer or other authorized representative at least once a year.
9. INQUIRIES OR COMPLAINTS
If you have a question or complaint about this Privacy Statement or our information collection practices, please contact us at or write us at Compliance Officer, ABC Party Essentials Inc, 2902 Natalie Avenue Las Vegas Nevada 89129. We will investigate the matter and are committed to resolve any privacy concerns that you may have. If your inquiry has not been satisfactorily addressed and you are a visitor located in the EU, you may contact European Data Protection Authorities, elected as a Dispute Resolution in our Safe Harbor self-certification.
©2015 ABC Party Essentials , US Inc. — Revised Tuesday, January 20, 2015
Terms and Conditions
These Terms and Conditions contain legal obligations. Please read them carefully.
1. Ownership of Service.
Welcome to ABC Party Essentials. The ABC Party Essentials websites (www.ABC Party Essentials.com, Party Essentials.tv and any variations of or successors to these websites, collectively, the "ABC Party Essentials Website" or the "Website") and the ABC Party Essentials service (together with the Website, the “ABC Party Essentials Service” or the “Service”) are owned by ABC Party Essentials, Inc. and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "ABC Party Essentials"). The ABC Party Essentials Service currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with ABC Party Essentials to publish their Content through the ABC Party Essentials Service on their site. The ABC Party Essentials Service may expand or change from time to time.
2. Application of General Terms and Conditions.
Use by end users of the ABC Party Essentials Service and the ABC Party Essentials Website is governed by these General Terms and Conditions. For publishers' use of the ABC Party Essentials publishing services, a separate set of terms and conditions apply which are found at the URL Party Essentials.com/terms-and-conditions/acceptable-use-policy/. Unless explicitly stated otherwise, any new Services, including any new ABC Party Essentials properties, shall be subject to these General Terms and Conditions. In addition, ABC Party Essentials may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services. When you are using any service or product offered by ABC Party Essentials that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, ABC Party Essentials also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the ABC Party Essentials Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.
ABC Party Essentials does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Please direct any legal questions to:
ABC Party Essentials, Inc.
2902 Natalie Avenue
Las Vegas Nevada 89121
5. Acceptance and Accuracy.
By using the ABC Party Essentials Service and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable any website where the ABC Party Essentials Service is found. ABC Party Essentials may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. ABC Party Essentials does not have a duty to update information contained in the Website, and ABC Party Essentials will not be liable for any failure to update such information.
We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
6. Conditions and Restrictions of Use.
1. Termination. Use of the ABC Party Essentials Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that ABC Party Essentials may terminate and/or suspend your access to any portion of the ABC Party Essentials Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by ABC Party Essentials. Any such termination or suspension shall be in ABC Party Essentials' sole discretion and may occur without prior notice, or any notice. ABC Party Essentials further reserves the right to terminate or suspend any user's access to ABC Party Essentials or to any portion of the ABC Party Essentials Service for any conduct that ABC Party Essentials, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to ABC Party Essentials or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. ABC Party Essentials further reserves the right to terminate or suspend any user's access to the ABC Party Essentials Service for any reason or for no reason at all, in ABC Party Essentials' sole discretion, without prior notice.
2. Access to Content. Please b e aware that the majority of the content found on or through the ABC Party Essentials service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If ABC Party Essentials learns that anyone under the age of 13 seeks to conduct a transaction through the Services, ABC Party Essentials will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the ABC Party Essentials Service may not be available to children under 13 under any circumstances.
3. Registration and Privacy. Certain of the ABC Party Essentials Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various ABC Party Essentials registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ABC Party Essentials has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABC Party Essentials has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
For those portions of the ABC Party Essentials Service that require registration, u pon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify ABC Party Essentials of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ABC Party Essentials cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
4. Responsibility for Minors. In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE ABC PARTY ESSENTIALS SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. Content Not Screened or Error Free. You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that ABC Party Essentials does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will ABC Party Essentials be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. ABC Party Essentials does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the ABC Party Essentials Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:
ABC Party Essentials, Inc.
2902 Natalie Avenue
Las Vegas Nevada 89121
6. User Agreement Not to Circumvent Publishers’ Ownership Rights. You acknowledge and agree that your rights to view the publisher content that you access on or through the ABC Party Essentials Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the ABC Party Essentials Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
7. Prohibited Conduct.
In addition to 6.F. above, you agree that you will not use ABC Party Essentials Services to:
1. Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
4. Collect or store personally identifying information about other users for commercial or unlawful purposes.
5. Impersonate any person or entity, including, but not limited to, a ABC Party Essentials official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
6. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
§ Making available copyrighted software or other Content that has had the copyright protection removed.
§ Making available serial numbers for software that can be used to illegally validate or register software.
§ Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
§ Making available any software files for which the user does not own the copyright or have the legal right to make available.
7. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
8. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or ABC Party Essentials.
9. Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
10. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use ABC Party Essentials or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
12. Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction.
13. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
14. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
15. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
§ Any firearms, explosives, or weapons.
§ Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
§ Any alcoholic beverages.
§ Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
§ Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
§ Any controlled substances or pharmaceuticals.
§ Any items that are counterfeit or stolen.
§ Any dangerous items.
§ Any goods or services that do not, in fact, exist.
§ Any registered or unregistered securities.
§ Any items that violate or infringe the rights of other parties.
§ Any items that you do not have the legal right to sell.
§ Any items where doing so through ABC Party Essentials or the Service would cause ABC Party Essentials to violate any law.
ABC Party Essentials also may suspend or terminate any user account for any Service because of user inactivity. For example, a ABC Party Essentials account may be terminated or suspended if a user fails to sign-in to the ABC Party Essentials Service for an extended period of time. What is considered "user inactivity" varies depending on the Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.
8. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
ABC Party Essentials respects the intellectual property of others. ABC Party Essentials does not, however, independently confirm that all Content made available through the ABC Party Essentials Service is provided by a valid rights holder. In the event that ABC Party Essentials becomes aware that Content published on or through the ABC Party Essentials Service has been provided by a person who is not a valid rights holder, ABC Party Essentials may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ABC Party Essentials’s Copyright Agent and/or General Counsel the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located or found on the Website or Service;
4. your address, telephone number and, if available, an email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to ABC Party Essentials’s Copyright Agent and/or General Councel by mail, fax or email as follows:
ABC Party Essentials, Inc.
c/o Copyright Agent or General Counsel
290 Congress Street
ABC Party Essentials, Inc.
2902 Natalie Avenue
Las Vegas Nevada 89121
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
9. License To Content.
10. DISCLAIMER OF WARRANTIES
ABC PARTY ESSENTIALS AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ABC PARTY ESSENTIALS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ABC PARTY ESSENTIALS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. ABC PARTY ESSENTIALS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABC PARTY ESSENTIALS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. ABC PARTY ESSENTIALS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. ABC PARTY ESSENTIALS DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ABC PARTY ESSENTIALS MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY ABC PARTY ESSENTIALS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
FORWARD-LOOKING STATEMENTS. THE WEBSITE CONTAINS EXPRESS OR IMPLIED FORWARD-LOOKING STATEMENTS, WHICH ARE BASED ON CURRENT EXPECTATIONS OF MANAGEMENT. THESE STATEMENTS RELATE TO, AMONG OTHER THINGS, OUR EXPECTATIONS REGARDING MANAGEMENT’S PLANS, OBJECTIVES, AND STRATEGIES. THESE STATEMENTS ARE NEITHER PROMISES NOR GUARANTEES, BUT ARE SUBJECT TO A VARIETY OF RISKS AND UNCERTAINTIES, MANY OF WHICH ARE BEYOND OUR CONTROL, AND WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED IN THESE FORWARD-LOOKING STATEMENTS AND AND SUCH STATEMENTS ARE CURRENT ONLY AS OF THE DATE THEY ARE MADE. FOR A DISCUSSION OF SUCH RISKS AND UNCERTAINTIES, SEE "RISK FACTORS" IN THE COMPANY'S S-1, FILED WITH THE SEC ON AUGUST 24, 2011.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ABC PARTY ESSENTIALS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ABC PARTY ESSENTIALS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ABC PARTY ESSENTIALS NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL ABC PARTY ESSENTIALS OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
You agree to indemnify and hold ABC Party Essentials and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published ABC Party Essentials usage terms, conditions, policies, or requirements, or your violation of any rights of another.
13. Third Party Links.
The Website may contain links to websites operated by other parties. The linked sites are not under the control of ABC Party Essentials, and ABC Party Essentials is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply ABC Party Essentials’s endorsement of material on any other site, and ABC Party Essentials disclaims all liability with regard to your access to such linked websites. ABC Party Essentials provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at your own risk.
14. Consent to Exclusive Jurisdiction, Waiver of Objections.
These Terms and Conditions and the relationship between you and ABC Party Essentials shall be governed by the laws of the Commonwealth of Nevada without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Nevada for the adjudication of any and all claims arising out of your use of the ABC Party Essentials Services, and you waive any objection thereto.