Terms and Conditions of Use

PartyWith (hereinafter referred to as: “PartyWith”) is a free app that connects people that want to party. Its mission is to bring people together to have a great time. The following Terms and Conditions apply to the use of PartyWith’s services. Please read them carefully. These Terms and Conditions of Use will also be available on the website in PDF format to enable User to read them at a later stage if so desired.

  1. Identification
    • PartyWith is owned, hosted and maintained by Party with a Local B.V., which company is established at at Vespuccistraat 106-HS, 1056 SR, Amsterdam, and registered at the Amsterdam Chamber of Commerce under number 63141965.
  2. Service
    • PartyWith is an app developed as a service for you, the User. The service is designed for people to meet one another for nightlife and to find upcoming events. The app has not been developed for any other purpose.
    • PartyWith app enables Users to learn about each other and, if desired to meet. PartyWith is not involved in the actual contact between Users.
  3. Applicability
    • Each time the PartyWith app is used, User agrees to comply with and is legally bound by PartyWith’s Terms and Conditions of Use.
  4. User responsibility
    • PartyWith is not involved in the contact between Users in any way whatsoever. As a result PartyWith does not have any control over the conduct of Users, nor over the information published on the app.
    • PartyWith does not conduct an identity or background check on Users.
    • Users must take utmost care when providing others with their contact details or other privacy-sensitive information and should meet in safe places, such as a public areas or busy bars.
    • User is solely responsible for all interaction with other Users. PartyWith cannot be held liable any damage or harm resulting from interaction with other PartyWith Users.
    • User is solely responsible for all contacts submitted, posted or transmitted via our services.
  5. User conduct
    • Minors may not use PartyWith. Users must at least be 18 years old to register. User hereby warrants that he/she is 18 years or older.
    • When using PartyWith, User must act responsibly and exercise good judgment. This means, among other things, that User may not:
      • violate any applicable law or regulation;
      • infringe the rights of any third party, including but not limited to, intellectual property, privacy, publicity or contractual rights;
      • “stalk” or harass other PartyWith Users, which includes using PartyWith to distribute spam;
      • use PartyWith for any commercial purpose whatsoever;
      • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your association with any person or entity, whether by providing or omitting to provide information;
      • interfere or damage PartyWith app/service by, inter alia, the use of viruses, cancel bots, Trojan horses, harmful codes, flood pings, denial-of-service attacks or similar methods or technology.
      • User may not post or submit any content that:
        • is defamatory;
        • contains nudity or sexually explicit content;
        • disparages any ethnic, racial, sexual or religious group by stereotypical portrayal or otherwise;
        • makes use of offensive language or images;
        • provides a link to a commercial website.
  6. Complaints procedure
    • All complaints about, among others, the services, behaviour or misconduct of other Users, may be reported either via the 'Report User' button on a User’s profile or via an e-mail addressed to PartyWith at info@partywith.co. When submitting complaint, as much detail as possible must be provided. All complaints will be dealt with professionally and confidentially, and will be given personal attention.
    • Reporting the misconduct of another User will not imply an obligation on PartyWith’s part to take action, neither can PartyWith be held liable in any way for user misconduct.
  7. Intellectual property
    • All PartyWith material is protected by intellectual property rights, which rights include copyrights, rights of publicity, trademarks, trade secrets, and any other proprietary rights and laws that may be applicable. Except as expressly authorised by PartyWith, User may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, User may use such material in the course of his/her normal, personal, non-commercial use of PartyWith’s services.
    • By submitting content to PartyWith, User grants PartyWith a non-exclusive, royalty-free licence to use, reproduce, display, perform, adapt, modify, distribute and promote such content in any form, in all media now known or hereinafter created, and for any purpose.
  8. Liability and Warranties
    • User hereby warrants that his/her use of PartyWith will not infringe the intellectual property rights of others. User indemnifies PartyWith against any such infringement of intellectual property rights.
    • PartyWith cannot be held liable for damages of any kind, including but not limited to direct or indirect damages, such as incidental, general, special, and consequential damages.
    • If the laws in User’s jurisdiction do not allow full exclusion of liability, liability will be capped at an amount of € 5,000.
    • User will indemnify PartyWith against all liability, loss, damages, costs and expenses (including but not limited to legal expenses) suffered or incurred by User as a result of, or in connection with, a breach by User of any of the warranties or other obligations set out in these Terms and Conditions of Use or applicable by law.
  9. Termination
    • The contract entered into between PartyWith and User will be for an indefinite period of time.
    • Both contract parties will, at all times, be entitled to terminate the contract in writing or in the manner used for conclusion of the contract.
    • Should User fail to fulfil his or her obligations under the contract or violate these Terms and Conditions of Use, PartyWith may, at its sole and absolute discretion:
      • suspend User’s access to PartyWith;
      • terminate User’s access to PartyWith;
      • deactivate or delete any or all of User’s accounts and all related information and files in such account.
  10. Discontinuance of services
    • PWAL may, at its sole and absolute discretion and without being liable to User in any way, with or without prior notice, modify or discontinue, temporarily or permanently, all or part of its services.
    • PartyWith’s services are provided on an 'as is' and 'as available' basis;
    • PartyWith does not warrant that:
      • its services meet User’s requirements;
      • its services will be uninterrupted;
      • any errors in any data or software will be corrected.
  11. Privacy
    • User privacy is very important to PartyWith. User must ensure that he/she reads PartyWith’s privacy statement.
  12. Dispute settlement rules
    • All contracts between PartyWith and User will be governed by the laws of the Netherlands.
    • All disputes arising between PartyWith and User will be settled exclusively by the District Court of Amsterdam. PartyWith, however, remains entitled to summon User to appear before the competent court of User’s place of residence.
    • Parties will only bring proceedings before the Court after they have done their utmost to settle the dispute amicably.
  13. Amendment of these Terms and Conditions of Use
    • PartyWith is entitled to always amend these Terms and Conditions. Amendments will take effect on the date of entry into force notified.
    • PartyWith will send the amended Terms and Conditions to User in good time. If no date of entry into force has been notified, these amendments will govern all dealings with User with effect from the time that User is notified of the amendment.
  14. Miscellaneous
    • If any of the provisions of these General Terms and Conditions of Use are partially or wholly null and void or are voided at any time, the other provisions of these General Terms and Conditions of Use will retain their full force and effect. PartyWith and User will then consult with each other to agree new provisions to replace the void or voided provisions. In doing so, the purpose and meaning of the original provisions will be taken into account as much as possible.
    • Should a situation arise between the parties that is not regulated under these General Terms and Conditions of Use, such situation must be assessed in accordance with the purpose and meaning of these General Terms and Conditions of Use.

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