1. Acceptance of Terms.
   1. These Terms of Service (“TOS”) are made by and between Party Tiles LLC, a New Jersey limited liability company (the “Company,” “we,” “us”), and you, the user (“you,” “your,” or “User”). BY CLICKING THE “SIGN UP AND ACCEPT” BUTTON OR BY ACCESSING, DOWNLOADING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS MOBILE APPLICATION (the “App”), OR ANY SERVICES OR CONTENT (INDIVIDUALLY AND COLLECTIVELY, THE “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TOS IN THEIR ENTIRETY. THE MOST CURRENT VERSION OF THESE TOS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.PartyTiles.app/Terms, AND THE COMPANY RESERVES THE RIGHT TO CHANGE THE TOS AT ANY TIME AND WITHOUT NOTICE TO YOU (other than posting the changes at the aforementioned web address).
   2. THE COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT IN THE COMPANY’S SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS MOBILE APPLICATION OR THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE.
   3. In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
   4. ANY DISPUTE ARISING FROM OR RELATED TO THESE TOS, THE APP, OR THE SERVICE SHALL BE ADJUDICATED BY BINDING ARBITRATION AS SET FORTH IN SECTION 19 BELOW AND BY ACCEPTING THESE TOS, YOU AGREE TO SUCH ARBITRATION PROVISIONS.
   5. IF YOU DO NOT AGREE TO BE BOUND BY THESE TOS, DO NOT ACCESS OR USE ANY PART OF THIS MOBILE APPLICATION.
      
      
2. Description of Service. The Company makes available a collection of resources to users of the Service. Users can create and edit their own original Content (as defined by Section 4 below), select favorites, and view other people’s Content.
   1. THE SERVICE IS PROVIDED “AS IS” AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, THE COMPANY PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.
   2. Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new updates and versions, are subject to the then current TOS.
   3. All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue their ability to use the App at any time. In addition, we have the right to delete any piece of Content, and provide comment on any Content we find objectionable in our reasonable discretion.
   4. You may only use the App for purposes expressly permitted by the TOS. As a condition of your use of the Service, you represent and warrant to the Company that you will not use the App and the Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
   5. You alone are totally responsible for any activity that takes place on the App under your user name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username at all times.
   6. You understand that you may receive business-related communications from the Company such as service announcements and account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.
   7. As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that the Company shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
   8. You understand that you are responsible for obtaining access to the Service and that access may involve fees (be it the Company’s fees or third party fees). You are totally responsible for obtaining such access and paying those fees.
      
      

YOU MUST BE AT LEAST 17 YEARS OF AGE TO ACCESS THE APP AND USE THE SERVICE. IF YOU ARE 16 YEARS OR YOUNGER, DO NOT USE THIS APP OR THE SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

3. Rules of Behavior.

• You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to or through the App.
• You agree to use the Service to post and receive communications and Content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy or publicity rights of others.
• You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
• You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
• You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users’ prior express consent in each instance.
• You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
• You must not impersonate another person, group of people, or entity at any times, which includes not using anyone else’s username or password.
• You must not use the App and/or the Service for any illegal, immoral, or unauthorized purpose.
• You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
• You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
• You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through the App.
• You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and or posted Content is endorsed by the Company or any affiliate thereof.
• You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 16 years of age).
• You must not engage in any “spamming” of any kind, including without limitation ad spamming.
• You cannot use the Company’s name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Company is associated with, or endorses, or is in any way connected with you, your business, or your Content.
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WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE APP AND THE SERVICE ARE ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME, UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY THE COMPANY IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, THE COMPANY CAN TERMINATE YOUR USE OF THE APP AND THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

4. Content.
   1. As a user, you will be able to upload, post, and create a great variety of content, materials, and information, including but not limited to text, audio, video, photographs, graphics, games, and other materials (“Content”). This means that you have sole responsibility, not the Company, for all of the Content that you upload, post, transmit or otherwise make available through the App and the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload, create, or link to on the App is entirely your responsibility.
   2. The Company shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other users or otherwise created, distributed and displayed on any part of the Service. The Company does not control or monitor all of the Content posted in real time via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
   3. The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. By using the Service to create Content, you hereby grant to the Company, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content or other information communicated by you to the Company through the App, and to incorporate any Content, in whole or in part, in the Service and other works in any form, media, or technology now known or later developed. You agree that the Company may use any Content in its business (including without limitation, for the Service, marketing, and/or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future versions of the App, the Company’s operations or businesses.
   4. Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. The Company shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify the Company with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. The Company will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.
   5. You acknowledge that the Company may or may not pre-screen Content but that the Company and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by the Company in its sole discretion.
   6. The Company may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of the Company, its users and the public.
   7. The Company respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, the Company may, but is not obligated to disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible at info@PartyTiles.app with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of where the material you claim is infringing is located on the App;

(iii) your name, address, telephone number, and email address;

(iv) a statement claiming that you have a good faith belief that the disputed use has not been authorized; and

(v) a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.

5. Links. The App and/or the Service may provide, or third parties including the Company’s business partners may provide, links to websites or resources, which are not maintained by or related to the Company. Links to such sites or resources are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with the Company. The Company has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF WE REQUEST THAT YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, THE COMPANY HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
6. Indemnity. You agree to indemnify, defend, and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (individually and collectively, the “Indemnified Parties”) harmless from any breach of these TOS by you (including anyone on your behalf or anyone using your account, whether authorized or not), including without limitation, any use of Content other than as expressly authorized by these TOS. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the App and/or the Services including without limitation, your violation of any intellectual property, moral, or privacy rights.
7. Personal and Non-Commercial Use App. The App and the Service are for your personal and non-commercial use, unless otherwise specified. You may not use the Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the App or the Service.
8. Modification and Termination of the App and/or the Service.
   1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or any third party for any modification, suspension or discontinuance of the App and/or the Service.
   2. In the event of any such modification, discontinuation or termination of the App and/or the Service, you acknowledge and agree that any virtual goods, including virtual currency and/or tokens that you may have purchased, obtained through your use of the Service, or otherwise acquired, may be reduced in value or completely eliminated, and that the Company will not be liable to you or any third party in any manner as a result of such reduction or elimination of value of such virtual items.
9. The Company Privacy Policy.Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://www.PartyTiles.app/Privacy. You agree that your use of the App and the Service is subject to the Privacy Policy, and therefore, agree that you will not use the Service unless and until you review the Privacy Policy and agree with its terms in its entirety.
10. Registration. In order to use the App and the Service you are required to register a user account. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

• In consideration of your use of the Service, you represent that you are of legal age to form a binding contract in the United States, and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction.
• You agree to provide true, accurate, current and complete information as required on the App’s Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, the Company has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
• You agree that the Company may, under certain circumstances and without prior notice, immediately terminate your account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the TOS or other the Company policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in the Company’s sole discretion and that the Company will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.
• You agree that your account is non-transferable and any rights to your account, password, username, and virtual currency or goods, terminate upon your death or disability and/or termination of account for any reason.
• You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact the Company immediately. It is up to you to maintain the confidentiality of your password and account. the Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

11. Practices regarding Use. You acknowledge that the Company may establish general practices and limits regarding use of the Service. You acknowledge and agree that the Company reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that the Company has the right to modify these practices and limits from time to time.
12. The Company’s Proprietary Rights; Trademarks and Copyrights. You acknowledge and agree that the App, the Service and any necessary software used in connection with the App and the Service (“Software”) contain proprietary and confidential information that is the property of the Company and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge the Company’s exclusive rights in the Company’s Party Tiles^TM trademark(s) and service mark(s). Trademarks, service marks, logos, and copyrighted works appearing on the Company are the property of the Company or the party that provided such intellectual property to the Company. The Company and any party that provides intellectual property to the Company retain all rights with respect to any of their respective intellectual property appearing on the Company, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
13. No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame the Company or the Service without the express prior written permission of an authorized representative of the Company, as applicable, in each instance. For purposes of this TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Company, in whole or in part, and/or any Content accessible within the App. For purposes of this TOS, “framing” refers to displaying the App or parts of the Service within a bordered area of another website or mobile application, regardless of whether the address of the originating the Company is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from the Company.
14. Disclaimer of Warranties.  YOUR USE OF THIS MOBILE APPLICATION AND SERVICE IS AT YOUR OWN RISK. THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE MOBILE APPLICATION OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULTS OF THE USE, OF THE SERVICE OR CONTENT ON THE MOBILE APPLICATION WITH RESPECT TO ITS ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION REQUIRED TO BE MADE IN THE EVENT OF ANY LOSS OR DAMAGE TO THE MOBILE APPLICATION OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE MOBILE APPLICATION, THE SERVICE, OR THE CONTENT. THE COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE MOBILE APPLICATION.

THE APP AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

15. Limitation of Liability. You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the App and/or the Service is to request that your user profile be deleted and to stop using the App and/or Service. THE COMPANY, INCLUDING ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (THE “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORSEEABLE OR THE COMPANY WAS NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY PARTIES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $50 OR THE AMOUNT THAT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE OUT OF WHICH SUCH LIABILITY FIRST AROSE. ALL CLAIMS MUST BE MADE WITHIN ONE YEAR OF THE APPLICABLE ACTIVITY OR FOREVER BE BARRED.
16. Special Admonition for Services Relating to Financial Matters. If you receive or request any news, messages, or other information through the Service concerning stock quotes, companies, investments, or securities, remember that the Service is provided for entertainment purposes only, and no Content included or information made available by the Service is intended for trading or investing purposes. The Company and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
17. Personally Identifiable Information. The Company cautions you against giving out any personally identifying information about yourself, your children, or any other person while using the Service. In an effort to preserve your privacy, the Company agrees that it will treat any personally identifying information that you submit through this App in accordance with the terms outlined in our Privacy Policy located at https://www.PartyTiles.app/Privacy.
18. Disclosures Required by Law. The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. The Company will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that the Company shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.

19. Disputes. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
    1. Informal Process First. You agree that in the event of any dispute between you and the Company, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
    2. Governing Law. This TOS is governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule
    3. Arbitration. You agree that all disputes between you and the Company (whether or not such dispute involves a third party), including without limitation disputes related to this TOS, and your use of the App and the Services, will be resolved by confidential and binding, individual arbitration under the American Arbitration Association’s rules for Commercial Arbitration. YOU AND THE COMPANY HEREBY AGREE TO WAIVE TRIAL BY JURY. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR THE COMPANY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. YOU ALSO AGREE NOT TO PARTICIPATE IN ANY CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF THE COMPANY IS A PARTY TO THE PROCEEDING. This arbitration provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
       1. You may opt out of this agreement to arbitrate. If you do so, neither you or the Company can require the other to participate in an arbitration proceeding. To opt out, you must notify the Company in writing within 30 days of the date that you download/install the App. You must use this address, info@PartyTiles.app, to opt out and include the following subject line: ATTN: Party Tiles LLC, Arbitration Opt-out. You must include your name and residence address, and a clear statement that you want to opt out of this arbitration provision.
20. Miscellaneous Terms; General Information.
    1. These TOS govern the terms and conditions of your use of the App and the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Service and the App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain items through the Service, affiliate or advertiser services, third-party content or third-party software. The Company may revise these TOS at any time by updating this posting.
    2. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by the Company must be in writing and signed by an authorized representative of the Company to be effective.
    3. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
    4. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
    5. Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
    6. Please immediately report any violations of these TOS to the Company at info@PartyTiles.app.