Welcome to the PartyKroo by Lux Gatherings Website. We hope you enjoy the experience - #ClickClickCheers!
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING OUR SERVICES. USING THIS WEBSITE AND/OR ANY SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS. LUX GATHERINGS HAS NO CONTROL OVER THE CONDUCT OF HOSTS, BARTENDERS OR PARTY HELPERS (EACH AS DEFINED BELOW) OR ANY OTHER USERS OF THIS WEBSITE AND DISCLAIMS ALL LIABILITY IN THIS REGARD. DIFFERENT SECTIONS OF THIS WEBSITE AND THESE TERMS AFFECT HOSTS AND KROOMEMBERS (AS DEFINED BELOW) DIFFERENTLY.
PARTYKROO by LUX GATHERINGS
PartyKroo is an online platform that facilitates party planning by connecting party hosts (“Hosts”) with prospective vendors and service providers. Through PartyKroo:
- Hosts can (1) directly hire experienced servers and party helpers (“Party Helpers”) to assist with, among other things, party prep, service and clean up in their home or other party location, and (2) directly hire verified bartenders (“Bartenders”) to mix and serve alcoholic beverages to persons 21 years or older (see “Using the Services – Hosts and – Bartenders below for additional information regarding hiring Bartenders through the Website) and (3) order other party essentials such as flowers, wine, valet, table rentals and tabletop through our preferred vendor’s websites; and
- Party Helpers and Bartenders can sign up with us to be hired by Hosts to work gatherings planned by our Hosts. BARTENDERS CAN ASSIST WITH GENERAL PARTY HELPER TASKS SUCH AS SET-UP, SERVICE AND CLEAN-UP. PARTY HELPERS CAN ASSIST WITH GENERAL BEVERAGE REFILL BUT CANNOT BE HIRED AS A BARTENDER THROUGH THE WEBSITE UNLESS THEY HAVE A “VERIFIED BARTENDER” BADGE ON THEIR PROFILE. For additional information on “Verified Bartenders” see “VERIFIED BARTENDER BADGES” below.
PLEASE NOTE THAT PARTYKROO CANNOT AND DOES NOT CONTROL THE QUALITY OF ANY SERVICES PROVIDED BY ANY KROOMEMBER. . PARTYKROO DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL SERVICES PROVIDED BY KROOMEMBERS. ACCORDINGLY, ANY PURCHASES OF SERVICES FROM KROOMEMBERS WILL BE MADE AT EACH HOST’S OWN RISK.
We may alter the Materials and Services we offer you and/or may choose to modify, suspend or discontinue any part or all of this Website at any time and without notifying you. We may also change, update, add or remove provisions of these Terms from time to time. We promise to inform you of any modifications to these Terms by posting them on this Website and, if you have registered with us, by notifying you of such modifications in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website or on the sites of our partners. Such expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We invite you to use this Website for individual, consumer purposes ("Permitted Purposes") – enjoy! By using this Website, you agree that you are at least 18 years of age, or if you are under 18 years of age (a “Minor”), that you are using the Website with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Website and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website.
Unfortunately, if you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
USING THIS WEBSITE AND THE SERVICES.
Creating an Account
We appreciate you visiting this Website and allow you to do just that – stop by and leisurely check it out without even registering with us!
However, in order to access certain password-restricted areas of this Website and to use our Services, you must successfully register an account with us. If you want an account with us, you must submit all of the information required on the account registration page on this Website (which may vary depending on whether you are a Host or a KrooMember).
You may also provide additional, optional information so that we can provide you a more customized experience when using the Services. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If you are registering as a KrooMember you will be required to agree to and electronically sign our additional terms for our service providers (each an “Ancillary Agreement”). For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. And, if you forget your password – no worries as we will happily send a password update to your provided email address.
You are responsible for complying with these Terms and the terms of any applicable Ancillary Agreement when you access and use the Website and Services, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Website and Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for the Website or Services has been breached in any way, you must immediately notify us.
Using the Services
Hosts: Hosts may book KrooMembers at any time, depending on the selected KrooMember’s availability, as indicated on the Website. KrooMembers have 24 hours to accept or reject a gathering. If your gathering is less than 24 hours away, you run the risk of not having confirmation that your KrooMember is available. If your requested KrooMember rejects your gathering or does not respond within 24 hours you will be able to select a replacement KrooMember. You understand and agree that all of the KrooMembers listed on the Website are independent contractors and PartyKroo is neither an insurer nor a contracting agent for KrooMembers. Any reference on the Website to a KrooMember being “Background Verified” or a “Verified Bartender” or any other reference in a KooMember’s profile that the KrooMember is licensed or credentialed in some manner or “best of,” or “top” (or similar language) indicates only that the KrooMember has completed a relevant account establishment process and does not represent anything else. Any such description is not an endorsement, certification or guarantee by PartyKroo of that KrooMember. Hosts should always exercise responsibility, due diligence and care when deciding whether to hire or interact with any KrooMember through the Website. For additional information regarding Bartenders see “–Special Information regarding Bartenders” and “VERIFIED BARTENDER BADGE” below.
KrooMembers: KrooMembers may select the days you are available to be matched with a Host for a gathering via the calendar displayed in your dashboard. You will be notified via email and/or text when a Host requests your services at a gathering and you will have 24 hours to accept the work. In some cases, Hosts might request your service for a gathering that is less than 24 hours away. In those cases, if you do not immediately accept the gathering you run the risk of the Host cancelling the request and selecting a different KrooMember. When you accept a gathering in your calendar, you confirm your availability for that date and you commit to being available for the gathering, however, due to the possibility of last minute changes and cancellations, we cannot guarantee that you actually work a particular gathering, even if you have confirmed your availability for that date.
You understand and agree that PartyKroo is neither an insurer nor a contracting agent for you as a KrooMember. If a Host hires you to work a gathering, you acknowledge and agree that, as a KrooMember, you are responsible for your own acts and omissions. Notwithstanding the foregoing, PartyKroo serves as your limited authorized agent for the purpose of accepting payments from Hosts on your behalf and is responsible for transmitting such payments to you.
All KrooMembers must (i) be at least 21 years old, (ii) provide their own transportation to and from gatherings, and (iii) have access to a mobile device to receive and respond to emails and texts from us and Hosts.
Special Information regarding Bartenders: There is no such thing as a “licensed bartender” and there are no state laws regulating bartending training. Any KrooMember with a “Verified Bartender” badge on their profile has provided evidence that he or she has completed a nationally recognized bartending certification course providing education on the basics of responsible alcohol service and any certification evidencing such course is current. See “VERIFIED BARTENDER BADGE” for additional information. As a Host serving alcohol at any gathering you should be aware of the following:
- Underage Drinking & Host Responsibilities: As a Host, you are responsible for ensuring that there is no underage drinking at your gathering and the gathering is by invitation only. Our KrooMembers serve alcohol to guests who visibly look of age with the knowledge that the Host is ultimately responsible for identifying any underage person attending the gathering and notifying the KrooMember. KrooMembers have the right to refuse to serve any guest at any gathering who does not appear to be 21 years of age or older without proper identification. If you are hosting a gathering where alcohol will be served and minors will be in attendance we strongly encourage you to provide some sort of identification (such as a wristband) for attendees over the age of 21 to wear and clearly identify themselves as over 21.
- Alcohol Liability: PartyKroo is insured but your private event is not. Your liability does not end when your gathering is completed. You can be held accountable for someone else’s actions even after the gathering is over. A common misunderstanding is that general liability and homeowner policies will cover an alcohol-related claim. The only type of insurance that will cover such a claim is liquor liability insurance. It is up to you as a Host to determine if you need to purchase liquor liability insurance and PartyKroo assumes no liability or responsibility for a Host’s failure to be properly insured.
- Cash Bars: State laws, which vary from State to State and even county to county within certain States, require you to apply and attain the proper beverage sale license in order to have a cash bar. Some cities will also require you to attain a specific city permit depending on the location of your gathering. As such, Bartenders on our Website may NOT be hired for cash bars.
- Alcohol & Bar Supplies: Hosts must supply any alcohol to be served at any gathering where our Services are being provided, as well as any ancillary bar supplies such as wine openers, shakers, strainers, pour spouts, jiggers, ice, mixers and garnishments.
Payments to Us
You agree to pay all applicable fees related to your use of this Website and our Services. We may suspend or terminate your account and/or access to our Services and this Website if your payment is late and/or your offered payment method cannot be processed. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto (at regular intervals if applicable), all of which depend on the particular Services you use. Our payment processor will collect your payment information, which includes credit card information and billing address, at the time of booking.
Payments to KrooMembers
When you sign up to be a KrooMember you will be required to create an account with us and provide us with information as to the bank account where payments to you should be made. Unless otherwise set forth in your applicable Ancillary Agreement, we will process payments to KrooMembers and direct deposit them into applicable KrooMembers’ designated bank accounts on a bi-weekly basis. One payment will be for gatherings serviced between the 1st and the 15th day of the month. The second payment will be gatherings serviced, as applicable, between the 16th and the last day of the month. All payments will be subject to processing fees and sales commissions and, in certain jurisdictions, such as California, the collection of sales tax on your behalf, in each case as more fully described in your Ancillary Agreement.
Sales and use taxes – KrooMembers: Pursuant to applicable California law, KrooMembers providing Services in California are required to collect sales and use taxes for the Services they provide Hosts. As more fully described in your Ancillary Agreement, we will withhold all sales and use taxes applicable to the Services you provide Hosts and will remit such amounts to the California Board of Equalization on your behalf.
Hosts may cancel orders without penalty and receive a full refund up to 48 hours before your gathering. If a Host cancels a gathering 48 or fewer hours prior to the gathering, the Host’s credit card will be charged for the full amount of services booked for the gathering.
KrooMember Cancellations – Cancellations by KrooMembers are taken very seriously. Once you agree to provide Services for a gathering you are required to use your best efforts to perform the Services in a manner satisfactory to the Host. By agreeing to provide Services for a gathering, you are entering into a binding legal agreement to provide the Services specified by the Host. As more fully described in your Ancillary Agreement, if you do not arrive at a gathering at the time indicated by the Host, cancel a gathering or otherwise fail to provide the agreed upon Services, your account with us may be terminated. We understand that emergencies happen and will take time to review each cancellation on a case-by-case basis. KrooMembers are expected to only accept those bookings that they are committed to completing.
By using the Website and/or the Services provided on or through the Website, you consent to receiving electronic communications from us (including, if you have opted in, via text message) and from other users of the Services. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging and you are solely responsible for such charges.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and we sometimes provide links on this Website to third-party websites. If you use these links, you will leave our Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, unless specifically stated on our Website, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of this Website may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on this Website to be shared with your contacts in your third-party site account.
Certain areas of this Website (e.g., blogs, or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising us that:
- You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To find a KrooMember or Host and complete a booking with such KrooMember or Host independent of the Website or our Service;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- To attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend us if you violate these Terms or any applicable Ancillary Agreement and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
The trademarks, service marks, and logos of Lux Gatherings and PartyKroo (“Our Trademarks”) used and displayed on our various platforms are registered and unregistered trademarks or service marks of Lux Gatherings and PartyKroo. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Our Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Our Trademarks inures to our benefit.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement:
PartyKroo by Lux Gatherings, L.P.
3830 Valley Centre Drive, Suite 705-284
San Diego, CA 92130
Attn: DMCA Agent
CC: Customer Support
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website or Service who is the subject of repeated DMCA or other infringement notifications.
YOUR RELATIONSHIP WITH US; DISPUTES AMONG USERS.
We are not a party to any service contract
You hereby acknowledge and agree that we are NOT a party to any oral or written agreement for services or any other contract entered into between users of the Website and/or Services in connection with any Service we offer.
No agency or partnership
No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of any part of the Website or Services. You do not have any authority whatsoever to bind us in any respect. All KrooMembers and other service professionals are independent contractors. Neither we nor any users of the Website or Services may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
Disputes between users
Your interactions with individuals and/or organizations found on or through the Website and/or Services, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Hosts, KrooMembers and other service providers that you may access through the Website.
You understand that deciding whether to use the services of a KrooMember or other service provider, to provide services to a Host, or to use information contained on the Website, is your personal decision for which you alone are responsible. You understand that we do not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website or Services and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
WHETHER YOU ARE A HOST OR KROOMEMBER OR OTHERWISE, IF THERE IS A DISPUTE BETWEEN USERS OF THE WEBSITE OR SERVICES, OR BETWEEN ANY USER OF THE WEBSITE OR SERVICES AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER, INCLUDING, WITHOUT LIMITATION, (A) ANY INSTRUCTION, ADVICE, ACT OR SERVICE PROVIDED BY LUX GATHERINGS OR ITS AFFILIATES, (B) A OR KROOMEMBER’S FAILURE TO PROVIDE SERVICES, OR PROVISION OF INCOMPLETE OR POOR SERVICES, (C) ANY INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, FAMILY MEMBERS, FRIENDS OR OTHER UNRELATED PARTIES), (D) ANY DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY, OR (E) ANY OTHER CONDUCT, ACT OR OMISSION OF ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE OR DESTRUCTION OF PROPERTY. YOU HEREBY EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE §1542 OR ANY COMPARABLE PROVISIONS OF THE LAWS OF ANY OTHER STATE. SECTION 1542 STATES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
KrooMembers Can Order or Authorize Background Checks about Themselves
We offer KrooMembers the option to utilize background check services from a third-party consumer reporting agency with whom we have partnered (collectively "Background Checks"). Background Checks are voluntary and may be ordered by KrooMembers by clicking on our link to our third party provider, providing the required information, and paying any applicable fees. We will receive a copy of each Background Check you order or authorize from our third party provider.
Background Check services are regulated by the Fair Credit Reporting Act ("FCRA"), and the background reports resulting from these services are considered "consumer reports" under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
We May Review and Use Background Checks You Order or Authorize About Yourself
By registering as a KrooMember, you acknowledge and agree that we may review and use any Background Checks you have ordered or authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Services and our users and reserve the right to terminate your ability to use the Services based on the information contained in such report in each case in accordance with the rules and regulations established by FCRA.
If the information in your Background Check meets our acceptance criteria, we may indicate in your profile that you have completed that check to our satisfaction by issuing you a “background verified” badge. However, we will not share the details of your results with any other user of the Services.
If something negative were to come up in your background check, our third party consumer reporting agency will advise you on the appropriate steps that would need to be taken to investigate the issue. You will never be immediately removed from the Website. Lux Gatherings adheres strictly to FCRA and will take all measures necessary to remain compliant with laws and policies governing background checks. KrooMembers are encouraged to carefully read the information provided about your rights under the FCRA, and the privacy and security of the information you provide.
If a KrooMember has had any of the following offenses in the past 7 years, PartyKroo will not issue a “background verified” badge to that KrooMember: (i) a violent crime; (ii) a felony; (iii) a drug-related offense; (iv) a sexual offense or certain theft of property damage offenses.
We will notify you if, after following the requirements of FCRA, we ultimately terminate your access to the Website on the basis of information in a Background Check. You hereby represent, understand and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not us.
We May Order and Use Background Checks About You
By using the Website as a KrooMember, you hereby acknowledge and agree that we have the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Services and its users ("Internal Background Checks"). We may order these checks when you register with us and thereafter in connection with your continued use of our Services.
These Internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered "consumer reports" under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
You understand and agree that we may review the information provided by the third-party consumer reporting agency and that we retain the right to terminate your use of the Website based on the information we receive from these checks, in each case in accordance with the rules and regulations established by FCRA.
If something negative were to come up in your background check, our third party consumer reporting agency will advise you on the appropriate steps that would need to be taken. You will never be immediately removed from the Website. Lux Gatherings adheres strictly to FCRA and will take all measures necessary to remain compliant with laws and policies governing background checks. KrooMembers are encouraged to carefully read the information provided about your rights under the FCRA, and the privacy and security of the information you provide.
If a KrooMember has had any of the following offenses in the past 7 years, PartyKroo will not issue a “background verified” badge to that KrooMember: (i) a violent crime; (ii) a felony; (iii) a drug-related offense; (iv) a sexual offense or certain theft of property damage offenses.
We will notify you if, after following the requirements of FCRA, we ultimately terminate access to the Website on the basis of information in a background report. You hereby represent, understand and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not us) within the time period specified in your notice.
BY AGREEING TO THESE TERMS AND USING OUR WEBSITE, YOU AGREE TO ALLOW US TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU MAY NOT USE OUR SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
Release of Liability for Results of Background Checks and Internal Background Checks
If you decide to use, access or rely on information included in a Background Check, or the fact that a KrooMember has a background verified badge on the KrooMember’s profile, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed
If you decide to access, use, rely on or share information provided by a Background Check, or the fact that a KrooMember has a background verified badge on the KrooMember’s profile, you agree to do so in accordance with applicable law. You also agree to indemnify and hold us harmless from any loss, liability, damage, or costs that may result from such access, use, reliance or sharing of this information regardless of the cause. We do not assume and expressly disclaim, and you hereby agree to release us from, any loss, liability, damage, or costs that may result from the use of information provided in a background report, or in reliance on a background verified badge on a KrooMember’s profile, including, without limitation, the inaccuracy or incompleteness of any such information.
You expressly acknowledge that we have no obligation to perform Background Checks or Internal Background Checks on any KrooMembers. To the extent we perform such checks, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to perform the Services or appear on the Website.
VERIFIED BARTENDER BADGES/ALCOHOL LIABILITY.
Release of Liability for Verified Bartender Badges
If you decide to rely on the fact that a KrooMember has a verified bartender badge KrooMember’s profile, you hereby acknowledge and agree that PartyKroo has no independent means of verifying the veracity or authenticity of any certification provided to it representing that the KrooMember has successfully completed a nationally recognized alcohol safety education program. You further acknowledge that you understand that there is no state law requirement for any person serving alcohol in the United States to be “licensed.”
If you decide to rely on the fact that a KrooMember has a verified bartender badge on the KrooMember’s profile, you agree to do so at your own risk. You also agree to indemnify and hold us harmless from any loss, liability, damage, or costs that may result from such reliance regardless of the cause. We do not assume and expressly disclaim, and you hereby agree to release us from, any loss, liability, damage, or costs that may result from the reliance on a verified bartender badge on a KrooMember’s profile, including, without limitation, the inaccuracy or falsification of any certification provided to PartyKroo resulting in the issuance of a verified bartender badge to any KrooMember.
You expressly acknowledge that we have no obligation to require KrooMembers to take any alcohol safety education program and the fact that a KrooMember has been issued a verified bartender badge is not conclusive evidence of the accuracy of any information KrooMembers have provided or of their eligibility to perform the Services or appear on the Website.
Host Liability for Alcohol Consumption
You expressly acknowledge and agree that you are responsible for ensuring that there is no underage drinking at your gathering and the gathering is by invitation only. For avoidance of doubt, as a Host, you, and not the KrooMember, are solely responsible for identifying any underage person attending the gathering and ensuring that any such underage attendee is not served alcohol. PartyKroo does not assume, and expressly disclaims, and you hereby agree to release us from, any loss, liability, damage or costs that may result from any underage person consuming alcohol at your gathering.
You further expressly acknowledge and agree that you are responsible, and can be held accountable for the actions of any attendee who consumes alcohol at your gathering, even after your gathering is over. PartyKroo carries General Liability and Liquor Liability insurance, but you acknowledge and agree that PartyKroo’s insurance does NOT cover your gathering. PartyKroo does not assume, and expressly disclaims, and you hereby agree to release us from any loss, liability, damage or cost relating to alcohol consumption at your gathering and you expressly acknowledge and agree that you are ultimately responsible for determining what, if any, insurance coverage should be obtained for your gathering.
DISCLAIMER OF WARRANTIES.
THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THE USE OF THE WEBSITE AND SERVICES IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE AND SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THIS WEBSITE OR THE SERVICES, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEBSITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
LIMITATION OF LIABILITY.
YOU ARE USING THE WEBSITE AND SERVICES AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE OR YOUR USE OF OUR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, HOSTS AND KROOMEMBERS, BUT WE MAY CONDUCT SUCH BACKGROUND CHECKS IN OUR SOLE DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, HOSTS AND KROOMEMBERS, PARTICULARLY IF YOU ORGANIZE A GATHERING AND MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER WE FACILITATE SUCH MEETINGS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OF THE WEBSITE AND SERVICES AND ALL OTHER THIRD PARTIES.
LOCAL LAWS; EXPORT CONTROL.
We control and operate this Website from our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by PartyKroo by Lux Gatherings, L.P., 3830 Valley Centre Drive Suite 705-284 San Diego, CA 92130. If you have a question or complaint regarding the Website or Service, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing PartyKroo by Lux Gatherings, L.P. 3830 Valley Centre Drive Suite 705-284 San Diego, CA 92130. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com.