Last updated: March 1, 2023
Shindigz® Party Supplies (“Shindigz,” “we,” “us,” or “our”) provides online retail services for party supplies and related products through our website and mobile applications (the “Services”). These Terms and Conditions (“Terms”) govern your access to and use of our Services.
Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Services.
If you have any questions about these Terms, please contact us at [email protected].
1. Use of the Services
Eligibility: The Services are intended for users who are 13 years of age or older. Any access to or use of the Services by anyone under 13 is not authorized by us. By accessing or using the Services, you represent and warrant that you are 13 or older and have the right, authority, and capacity to enter into and abide by these Terms.
Accurate Information: When creating an account, making purchases, or using the Services you agree to provide current, complete, and accurate information about yourself. Failure to provide accurate, current and complete information is a breach of these Terms.
Lawful Use: You agree to access and use the Services only for lawful purposes. You are solely responsible for the knowledge and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.
Prohibited Conduct: You specifically agree that you will not use the Services to:
- Violate any local, state, national, or international law.
- Infringe on our or any third party’s intellectual property or other proprietary rights.
- Transmit any malware, viruses, worms, defects, Trojan horses, corrupted files, or any other items of a destructive or deceptive nature.
- Impersonate any person or entity, forge any sender information, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services.
- Harvest, scrape, or index the Services or otherwise use data mining or similar data gathering and extraction methods.
- Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of the Services.
- Rent, lease, resell, sublicense, or otherwise transfer access to the Services to any third party.
- Remove any proprietary notices, labels, or marks from the Services.
- Use robots, spider, crawlers, or other automated downloading programs, algorithms or devices to continuously and automatically search, scrape, extract, data mine, or index the Services.
- Interfere with the operation of the Services or any user’s enjoyment of the Services, including by uploading or otherwise disseminating any content that is unlawful, defamatory, threatening, harassing, or otherwise objectionable.
- Collect or store any data about other users in connection with the prohibited conduct described here or for any other unauthorized purpose.
- Damage, disable, overburden, impair or otherwise interfere with the Services or our servers or networks.
No Warranties: The Services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not make any commitments or guarantees about the availability, accuracy, completeness, reliability, quality, stability, legality or suitability of the Services.
2. Purchases and Payments
Orders: All purchases made through the Services are subject to acceptance, availability and other conditions. We reserve the right to refuse or cancel any order prior to shipment for any reason. Some situations that may result in your order being cancelled include inaccuracies or errors in product or pricing information, failed authorization by your payment provider, or product unavailability.
Prices: Prices and availability of products are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Posted prices do not include taxes or charges for shipping and handling. Applicable taxes and charges will be added to the final purchase amount. You are responsible for paying these additional amounts.
Payments: You agree to pay all charges owed pursuant to these Terms using one of the payment methods available through the Services. We reserve the right to correct any errors or mistakes even if we have already requested or received payment. If we are unable to process or approve your payment, we reserve the right to cancel or suspend your order.
Shipping: You agree to pay applicable shipping and handling charges that apply to your order. We will calculate these charges and display them at checkout based on the information you provide about your order.
Returns: If you are not fully satisfied with your purchase, you may return most items in new condition within 30 days for a refund. Items must be returned in original product packaging. We do not accept returns of special order or personalized items unless they arrive damaged or defective.
3. Intellectual Property Rights
Shindigz IP: The Services and all content and other materials contained therein, including but not limited to text, images, photographs, graphics, logos, tools, icons, videos, looks, designs, copyrights, trademarks, trade dress, software and other intellectual property (the “Shindigz IP”), are owned by us, our affiliates or third party licensors.
Trademarks: Shindigz and other related trademarks, service marks, trade names, logos, and product and service names are the trademarks and property of Shindigz. You may not use or display our trademarks, service marks, trade dress or other indicia of ownership in any manner without our prior written permission.
License to Use Services: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and any Shindigz IP solely for your own personal and non-commercial use.
Restrictions: You agree that you will not directly or indirectly:
- Remove or alter any proprietary notices, labels, trademarks, service marks, trade names, logos, copyrights or other indicia of ownership appearing on the Services or any Shindigz IP.
- Copy, download, reverse engineer, decompile, disassemble, modify, publish, license, create derivative works from, transfer, rent, lease, sell, mirror or distribute the Services or Shindigz IP.
- Make any commercial use of the Services or Shindigz IP without our express prior written consent.
User Content License: Certain features of the Services may allow users to upload, publish, submit or transmit text, audio, video, images, software, and other content (“User Content”). By submitting any User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable right and license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, sell, offer for sale and import such User Content in any form, medium or distribution method now known or later developed.
Third Party Content: The Services may allow you to access, view and use content provided by third parties (“Third Party Content”). We do not control or endorse, and are not responsible for, any Third Party Content. Your access and use of Third Party Content is at your own risk.
4. Indemnity
You agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees harmless from any and all damage, loss, liability, claim, or demand arising out of or related to: (1) your use of the Services; (2) your violation of these Terms; (3) your misuse of the Services; or (4) your violation of any law or rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify, and you agree to cooperate in our defense.
5. Disclaimers and Limitations on Liability
No Warranties: THE SERVICES AND ALL MATERIALS, PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
No advice or information, whether oral or written, obtained from us, our subsidiaries, affiliates, officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees, or third parties through the Services will create any warranty. We do not warrant that the Services will meet your specific requirements or expectations. We do not warrant that the Services will be error-free or that all errors will be corrected.
Limitations of Our Liability: NEITHER WE NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR ANY MATERIALS, PRODUCTS, OR SERVICES CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE FEES, IF ANY, YOU PAID TO US FOR USE OF THE PARTICULAR SERVICES GIVING RISE TO THE CLAIM DURING THE PRECEDING 12 MONTHS; OR (B) $100.
Your Responsibility: You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services. We are not liable for the conduct of any user. You agree to take reasonable precautions and exercise good judgment in all interactions with others, particularly if meeting offline or in person.
Release: If you have a dispute with any other user, you agree to release us from any and all claims, demands or damages arising out of or related to such dispute.
6. Termination
We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability. We may also terminate or suspend your access to the Services at any time, for any reason, with or without notice and without liability. Grounds for termination include, but are not limited to, violation of these Terms.
After termination, we will make a reasonable effort to allow you to access your account to retrieve information you provided through the Services. We are not liable for any damage or loss arising from your inability to access your account or any content after termination.
7. Governing Law and Arbitration
Governing Law: These Terms shall be governed by the laws of the State of Indiana without respect to conflict of law principles. Any dispute between you and us regarding these Terms or the Services will be resolved by binding arbitration.
Arbitration: You and Shindigz agree to arbitrate any dispute arising from these Terms or your use of the Services before a neutral arbitrator selected jointly by the parties. Arbitration allows for more limited discovery than in court, and is subject to limited review by courts. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted.
Opt-Out: You have the right to opt-out and not be bound by the arbitration or class action waiver provisions set forth above by sending written notice of your decision to the following address: Shindigz Opt-Out Requests, 2709 N Main St, Bluffton, IN 46714 within 30 days of your first use of the Services.
8. General Provisions
Changes: We reserve the right to modify these Terms from time to time. Updated versions will be posted on the Services with the “Last Updated” date at the top. Please check back regularly for updates. Substantial changes will be communicated through the Services or via email.
Assignment: You may not assign or delegate these Terms or your rights or obligations herein without our express prior written consent. We may freely assign these Terms.
Force Majeure: We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control.
Severability: If any provision of these Terms is determined to be invalid or unenforceable under applicable law, such provision will be deleted or modified to achieve as closely as possible the same effect, and the remaining provisions will continue in full force and effect.
Privacy Policy: Use of personal information collected through the Services is governed by our Privacy Policy which can be reviewed at: https://shindigzpartysupplies.com/privacy
DMCA Policy: To be completed if/when a DMCA policy is added
Entire Agreement: These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the subject matter contained herein.
No Waiver: Our failure to enforce or exercise any right or provision of these Terms does not constitute a waiver of such right or provision.
Contact: If you have any questions about these Terms, please email us at: [email protected]