Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PartyCheap.com. The collective work includes works that are licensed to PartyCheap.com. Copyright 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 PartyCheap.com ALL RIGHTS RESERVED. Limited Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PartyCheap.com or purchasing PartyCheap.com products. Unless authorized by Partycheap.com, any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PartyCheap.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of PartyCheap.com used in the site are trademarks of PartyCheap.com.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible by law, PartyCheap.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PartyCheap.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PartyCheap.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

To the fullest extent possible by law, PartyCheap.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PartyCheap.com has been advised of the possibility of such damages.

Reserve the Right to Cancel Order

PartyCheap.com reserves the right to refuse or cancel an order for any reason. If your credit card has already been charged for the purchase and your order is cancelled, PartyCheap.com will issue a credit to your credit card account. Additionally, PartyCheap.com reserves the right to short-and-ship an order if all existing inventory stock is sold before your order is shipped.

Liquidation Items

Any item marked Liquidation, Liquidation Priced, Factory Liquidation Priced, Direct Factory Liquidation Priced, Factory Direct, Factory Discount, Factory Discount Price, Factory Discounted Price, Factory Direct Price, Factory Direct Priced, or any combination of these terms are not illegible for additional discount, return or credit. All sales are final. All such items will be clearly marked with Final Sale, Return and Discount Ineligibility policy.

Picture Discrepancies

PartyCheap.com makes every effort to ensure that all pictures are an accurate representation of their respective product. PartyCheap.com utilizes the pictures provided by the manufacturer of the product. Any minor inconsistencies or discrepancies are not valid reasons for refund. If product is returned in resalable condition the 20% restocking fee may be waived.

Term; Termination

These terms and conditions are applicable to you upon your access and use of the site. These terms and conditions, or any part of them, may be terminated by PartyCheap.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

PartyCheap.com may deliver notice to you through e-mail, a general notice on the site, or by other reliable methods using the information you have provided to PartyCheap.com.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PartyCheap.com products) shall be in the state courts located in Cumberland County, PA or federal courts located in Dauphin County, PA. PartyCheap.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PartyCheap.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including through e-mail or chat is strictly forbidden. Impersonation of others, including a PartyCheap.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

PartyCheap.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PartyCheap.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PartyCheap.com reserves the right to block or remove communications or materials that it determines in its sole discretion to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PartyCheap.com.

Photo, Image, Video or Other Media Submissions

SUBMITTING YOUR PHOTO, IMAGE, VIDEO OR ANY OTHER MEDIA TYPE TO PARTYCHEAP.COM CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE TERMS.
IF YOU DO NOT AGREE WITH ALL THESE TERMS THEN DO NOT SUBMIT YOUR MEDIA.

By submitting your Submission, or by posting your Photo and/or Submission with a hashtag designated by PartyCheap.com, you hereby irrevocably grant to PartyCheap.com, its subsidiaries, affiliates and assigns (collectively, "Licensees") the absolute, non-exclusive, worldwide, royalty-free, perpetual right, license and permission to use and otherwise exploit your Submission, all images, text and materials depicted therein and associated therewith, and your name, words, and/or voice (collectively, the "Likeness") in whole or in part, on PartyCheap.com's public website, PartyCheap.com social media sites, PartyCheap.com marketing communications, and all other media now known or hereinafter created throughout the world, including, without limitation, the right to use, publish, display, reproduce, exhibit, distribute, copy, edit, change, modify, add to, subtract from or create derivative works therefrom.

By uploading, posting or transmitting your Submission to PartyCheap.com or to any of PartyCheap.com’s social media pages, or by posting your Photo and/or Submission with a hashtag designated by PartyCheap.com, you hereby warrant that: (i) you are a resident of the United States; (ii) you are of the age of majority or older in the jurisdiction in which you reside; (iii) the Submission is owned by you and is your original creation; (iv) the Submission does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations; and (v) you have obtained the rights from any and all third parties appearing in such Submission to use such third party’s name, image, likeness and any other third-party owned elements included in your Submission.

You hereby agree that Licensees may use the Submission, or any derivative works created therefrom, alone or in conjunction with your Likeness and/or any information submitted in connection with the Photo, in connection with its trade and any advertising and promotional purposes in any media now existing or hereafter created in any territory throughout the world without any compensation to you or any additional consents or permissions from you or any third party and without prior notice, approval or inspection. Your further agree to indemnify and hold Licensees, and their respective officers, directors, and employees (collectively the "Releasees") harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney's fees, liabilities, verdicts, judgments and settlements) arising out of use of your Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of your Submission you hereby release PartyCheap.com and Releasees from, and irrevocably waive, any and all claims that Licensees' use of your Submission, in whole or in part, infringes or violates your rights in your Submission, any work or material contained in your Submission, or your Likeness.

By submitting your Submission, you represent and warrant to the Licensees that it does not include any of the following: (i) the name, image or likeness of any identifiable celebrity or famous person; (ii) any trademark, logos, brand name or trade name (or variations or parodies of them) of any company or person other than PartyCheap.com; (iii) any materials that are profane, obscene or contain nudity or defamatory material; or (iv) words, symbols or other material that may be offensive to persons based on race, national origin, ethnicity, religion, gender, sexual orientation, disability, or socioeconomic or demographic characteristic or may harm the Licensees' or another company's or person's reputation.

By submitting your Submission, you understand and agree that nothing herein shall obligate the Licensees to display or otherwise use your Submission, or any component thereof, and that the Licensees may decline to post your Submission or choose to delete your Submission, or any component thereof, at any time for any reason whatsoever. PartyCheap.com reserves the right to cancel, suspend and/or modify its Sites, social media pages and these Terms at any time.

By submitting your Submission, you agree and acknowledge that the laws of the United States govern these Terms.



Indemnification

You agree to indemnify, defend, and hold harmless PartyCheap.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, PartyCheap.com may link to sites operated by third parties. PartyCheap.com has no control over these linked sites, all of which have separate privacy and data collection practices. These linked sites are only for your convenience. If you choose to access them, you should review their independent terms & conditions and privacy & data collection practices. Nonetheless, PartyCheap.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Billing Terms and Conditions

When you place your order your credit card will be authorized and a "hold" may be placed on your card for the total amount. You card will not be charged until we ship your item(s). Credits usually take 7-10 business days from the time we receive your item(s). If your card is declined, an error code will come up explaining the reason why the card was declined. Typical reasons for cards declining include the billing address not matching the billing address of the card and insufficent funds on the account. If you receive an error and have questions about why it occurred, contact our customer service team and they will assist you.