TERMS OF USE

This website ("this Website") belongs to bhost, LLC, a New York limited liability company, which is referred to in these Terms of Use as "Bhost", "we", "us" or "our." We refer to the user of this Website as You, whether the viewer is an individual, an entity, or an entity's agent. By using or visiting this Website, You are agreeing to these terms and conditions (the "Terms of Use") and also the terms and conditions of the Privacy Statement, which are published on this Website and accessible by a hyperlink at the bottom of our homepage. If You do not agree to any of these Terms of Use or anything in the Privacy Statement, then please do not use this website.

Bhost may revise, change and update these Terms of Use at anytime and without notice to You. You are cautioned to review these Terms of Use periodically. Your continued use of this Website after any such changes are posted will constitute your acceptance of the changes. You agree not to interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes. Bhost reserves the right to deny access to this Website to You for any reason, at Bhost's sole discretion.

Please review this agreement ("this Agreement") entirely and thoroughly, as Your use of this Website is governed by and subject to this Agreement. In the event that any of the terms of this Agreement are unacceptable to You at any time, You agree to discontinue use of this Website immediately. Any use of this Website by You constitutes Your unconditional acceptance of this Agreement in its entirety, as well as Your representation that You will fully comply with this Agreement and any other applicable laws, rules and regulations of any controlling jurisdiction(s).

This Agreement is subject to be modified by Bhost in its sole discretion at any time and for any reason by posting the modified version of this Agreement on this Website. Any modifications to this Agreement will become effective immediately upon being posted on this Website. In addition, Bhost reserves the right to deny access to this Website to You for any reason, at Bhost's sole discretion.

Website Use, Services and Lack of Endorsements

The services provided on this Website are provided "As Is" and "As Available". These services are intended to allow You to (a) if You are a third-party vendor providing birthday party services ("Vendor"), to create a page outlining Your services and prices; and (b) if You are seeking Vendors to potentially provide birthday party services to You as a customer ("Customer"), to view the Vendors' pages and to book the services which You are interested for the Vendor(s) to provide to You. As such, this Website allows Customers to search for Vendors electronically online for purposes of comparison and consumer awareness, as well as to perform related functions. These Vendor services are listed and made available to Customers to purchase by independent, third-party Vendors. Bhost cannot and does not sell Vendor services, though Bhost may collect the money from Customers and forward it to Vendors. Other than that, Bhost merely gathers information about the Vendors, such as availability, price, and other details. Any search results provided to You on this Website are based upon the search terms that You enter, and therefore the search results will depend on the accuracy of the information that You enter on this Website. Bhost is not involved in or responsible for delivering or providing any services that You may decide to purchase after using this Website.

Since Your search results contain information provided to Bhost by independent, third-party Vendors, Bhost makes no guarantees, warranties or representations whatsoever, neither express nor implied, in connection with such information, whether regarding prices or discounts, availability, content, specifications, satisfaction, Vendor terms or charges, reliability of Vendors or any services provided by such Vendors, or any other related information. Bhost does not endorse, agree or disagree, or is to any extent responsible for information provided by the Vendors, and any reliance upon any such information is solely at Your own risk. Bhost does not warrant that any details related to Vendors, Vendor services, or any other content found on this Website, regardless of the source, is to any extent accurate, complete, or otherwise reliable. This Website's content is provided for informational purposes only and does not constitute an endorsement by Bhost of any product, service or Vendor whatsoever. You should not rely on any information provided on this Website in situations in which any inaccuracies may cause You to suffer any damages.

You understand and acknowledge that Bhost does not sell or endorse any Vendors listed on this Website, and that Bhost does not act as an agent of the Vendors. You agree to contact the appropriate third-party Vendors with any questions, issues or complaints related to any purchases of Vendor services.

Bhost is not obligated to monitor or control the use of this Website or any information posted on it, though Bhost reserves the right to do so and to take measures it considers appropriate in its sole discretion.

Service Fee

We will charge a service fee payable by Vendors whose services are booked and paid for by Customers. The service fee covers the use of the Website, and is calculated as fourteen percent (14%) of the total booking amount (which may or may not include additional fees, taxes, and damage deposits). Depending on the laws of the jurisdiction of the Vendor and/or Customer, VAT may be charged on top of the service fee. The exact service fee (and any VAT, if applicable) charged will be displayed to Vendors at the time of booking. The service fee plus applicable VAT will be charged after both the Vendor and Customer accept the booking and/or the reservation. The service fee will not be refunded for any reason.

Links to Other Websites

Internet links found on this Website are intended to provide access to other websites that are owned and operated by independent third parties. The inclusion of these links is for Your convenience and does not imply that Bhost monitors or endorses these websites. Bhost does not guarantee accessibility to such websites, and Bhost is in no way responsible for the content of such websites or for any services offered on them. Bhost shall not be responsible or liable, directly or indirectly, for any damage or loss, caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.

Bhost, in its sole discretion, reserves the right to add or remove links for any reason.

Permitted Use of This Website

You may not use this Website or any information found in or generated by this Website except for Your personal use and without infringing upon copyrighted or trademarked content and subject matter. Any use for any unlawful purposes is strictly prohibited. You are prohibited from copying, reproducing, distributing, selling, posting, publishing or otherwise using (except as authorized by this Agreement) any information without the prior written consent of Bhost and/or any other owners of the information. You are also prohibited from interfering in any fashion with the operation of this Website as intended by Bhost, and from preparing derivative works based upon this Website or any content appearing on it. You may not reproduce or modify to any extent the HTML code used to generate web pages on this Website.

Posting of Information

You acknowledge that You are solely responsible for any information that You post on this Website. You understand and agree that anything you post on this Website may be viewed by the public. You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which You reside. You agree not to attempt illegal or unauthorized entry into our computer system, not to attempt to access sensitive system information, not to access or track the information of other users, and not to use this Website for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to Your identity.

You agree not to post or send us any information that is false or misleading; unlawful to post for any reason; derogatory, profane or obscene; hateful or otherwise improper on the basis of gender, race, religion, disability, national origin, ancestry, or any other basis; is intended to financially benefit Bhost competitor websites; contains damaging software such as viruses or worms; contains unsolicited or unauthorized advertising or promotional materials; constitutes junk mail, spam, chain emails, or similar communications; or is otherwise objectionable. Bhost reserves the right to edit or remove any such information.

If You are a Vendor, you warrant that you are a legitimate Vendor operating legally, you are licensed as required by any applicable laws, and you will resolve any Customer disputes directly and without any contribution by Bhost.

In addition, You hereby grant Bhost a perpetual and irrevocable right and license to use the information that You post in any manner that Bhost desires, free of charge and without having to provide any notice to You, except as would conflict with the Privacy Statement posted on this Website.

Limitation of Liability

You understand and acknowledge that Bhost is not liable to anybody under any circumstances for any damages whatsoever arising from the use of this Website or the inability to use it, whether or not Bhost is aware of the possibility that damages may accrue.

You agree that You are using this Website at Your sole risk, and that You will indemnify and hold harmless Bhost and its affiliates, as well as any of their respective principals, employees, agents, members, partners, directors, officers, and shareholders, from any and all claims, demands, damages, actions and causes of action, whether known or unknown, contingent or liquidated, arising either directly or indirectly from the use of this Website, including reasonable attorney fees. In the event that Bhost is nonetheless found liable to You by a court of competent jurisdiction, You agree that Bhost's liability to You will in no event exceed the cost of the least expensive service that listed on Bhost and, in addition, that such liability will not exceed the amount of $100.00 (One Hundred United States of America Dollars).

In no event shall Bhost or any of its affiliates or customers, suppliers or their respective members, directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these Terms of Use (including without limitation (i) access to this Website, (ii) viruses or similar contamination or destructive features, or (iii) Your use of, reliance upon, or access to the site or the content, or any part thereof, or any rights granted to You hereunder), even if Bhost has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

Intellectual Property

All content provided on this Website, including but not limited to website design, text, graphics, interfaces, HTML code and software is either copyrighted by Bhost, with all rights reserved, or is the property of Bhost or third parties. Accordingly, such content is protected by intellectual property laws related to copyrights, trademarks, service marks, patents and/or any other applicable law. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted under these Terms of Use or another agreement with us.

Trademarks

Bhost trademarks, the Bhost logo, and any other product or service name or slogan contained in this Website are trademarks, trade dress and service marks of Bhost and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bhost or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Bhost" or any other name, trademark, service mark or product or service name of Bhost without our prior written permission. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bhost and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Identity Verification

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each users purported identity. We encourage you to communicate directly with a Vendor or Customer through the tools and/or information available on the Website, though even this does not assure You of the identity of the person with which You are communicating. We further encourage You to take other reasonable measures to assure yourself of the other person's identity, the property where the Vendor services are to be provided, and relevant details of your booking or proposed booking.

You agree to (i) keep Your password and online ID for both Your account with us and Your email account secure and strictly confidential, providing it only to authorized users of Your accounts, (ii) instruct each person to whom You give Your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if You believe your password for either Your account with us or Your email account may have become known to an unauthorized person, and (iv) notify us immediately if You are contacted by anyone requesting Your online ID and password. Further, if we suspect any unauthorized access to Your account, upon our request, You agree to promptly change Your ID and password and take any other related action as we may reasonably request.

We discourage You from giving anyone access to Your online ID and password for Your account with us and your email account. However, if You do give someone Your online ID and online password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions that the person performs while using Your account with us or Your email account, even those transactions that are fraudulent or that You did not intend or want performed.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER BHOST NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR BHOST ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH BHOST AND OTHER USERS. Further, we may, without notice to You, suspend or cancel your listing at any time even without receiving notice from You if we suspect, in our sole discretion, that your account with us or Your email account is being used in an unauthorized or fraudulent manner.

We are Not a Party to any Transaction Between Users of the Site.

We urge all users to be responsible about their use of this Website and any transaction entered into as a result of either listing Vendor services or booking them. This Website acts as a venue to allow Vendors who advertise on the Website and Customers to come together. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into agreements or other transactions.

We are not a party to any agreement between users. This is true even if the Website allows you to book Vendor services or provides other ancillary products or services, as the Website may facilitate booking or other tools, services or products, but we are not a party to any agreement between users. As a result, any part of an actual or potential transaction between a Vendor and a Customer, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), and/or the ability of Customers to purchase Vendor services are solely the responsibility of each user. You acknowledge and agree that You may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a booking or purchasing a product or service, which may place additional restrictions on Your booking, product or service.

Responsibility for applicable laws, rules and regulations: You agree that You are responsible for, and You agree to abide by, all laws, rules and regulations applicable to Your use of this Website, Your use of any tool, service or product offered on the Website, and any transaction You enter into on the Website or in connection with Your use of the Website.

Termination

Bhost may terminate any or all services provided on this Website at any time, for any cause or for no cause, with or without notice. In the event of such termination, Bhost will not be liable to You or to any third parties to any extent whatsoever. Termination of these Terms of Use shall not affect Bhost's rights, defenses and limitations of liability provided under the Terms of Use or any other agreement between You and Bhost.

Notices

Any notices to Bhost must be in writing and submitted to bhost, LLC, 427 N. Tatnall Street #8935, Wilmington, DE 19801-2230.

Governing Law

This Agreement is governed by, and is to be interpreted in accordance with, the laws of the State of New York, United States of America. You hereby agree that any legal action relating in any manner to this Agreement must be brought in New York County, New York, United States of America, and You consent to the exclusive jurisdiction and venue of competent courts in such county and state. In addition, You hereby agree to waive the defenses of lack of personal jurisdiction and improper venue, and You waive Your right to a jury trial. You also agree to waive any right You may have to commence or participate in any class action against Bhost related to this Webite or these terms of use.

Privacy

Bhost is committed to respecting the privacy of the personal information of the individuals using this Website. We have developed a website Privacy Statement to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website. Please see our Privacy Statement for further details.

Disclaimer of Warranties

Bhost grants no rights and makes no warranties regarding the use of names, people, trademarks, service marks, trade names, trade dress, patented or copyrighted designs or works of art or architecture or other forms of intellectual property represented on this Website. Bhost does not warrant the accuracy of any such information.

Bhost does not represent or warrant that this Website or its content will meet Your requirements or that their use will be uninterrupted or error free. The entire risk as to the quality and performance of the content is assumed by You.

In particular and without limiting the generality of the foregoing, Bhost makes no representation or warranty (i) that this Website will be free of viruses or similar contamination or destructive features; or (ii) respecting the content as to ownership, technical or legal compliance, or otherwise.

Assignment

You hereby agree and acknowledge that Bhost is entitled to unilaterally assign its rights and obligations under this Agreement, in its sole discretion, to any third party of its choice, and that You may not similarly assign any of Your rights or obligations under this Agreement to anyone.

Entire Agreement

This Agreement and the other rules and regulations posted on this Website, which are hereby incorporated by reference, constitute the entire agreement between You and Bhost. This Agreement supersedes any previous agreements between You and Bhost as related to this Website.

General Provisions

Bhost's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be interpreted as a waiver of any other provision or right or the waiver of the same provision with respect to any other instance.

Contact information

If you have concerns relating to these Terms of Use, please contact Bhost at info@birthdayparty.nyc. Any communications that you send to us are not confidential (unless you and Bhost have entered into a separate confidentiality agreement), and you agree that Bhost may use or disclose any such communications in any way that it wishes.

These Terms of Use were last changed on March 14, 2016.