Terms of Use

These terms were last updated and are effective as of May 2023. Continued use of the site after the effective date of the changes is deemed acceptance of the revised terms.

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE YOU, THE USER (“YOU”), USE THIS WEBSITE OR MOBILE APPLICATION. THESE TERMS SET FORTH IMPORTANT DETAILS ABOUT YOUR RELATIONSHIP WITH PARTY CITY (“PARTY CITY,” “WE,” “US,” OR “OUR”), INCLUDING THE RIGHTS THAT YOU GRANT TO PARTY CITY WHEN YOU VISIT www.partycityshop.com, ITS SUBSIDIARIES AND AFFILIATES, INCLUDING PARTY CITY SITES AND APPLICATIONS AROUND THE WORLD (COLLECTIVELY, THE “PROPERTIES”), RESTRICTIONS ON HOW YOU CAN USE THE PROPERTIES, AND WARRANTIES AND DISCLAIMERS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE PROPERTIES, YOU ARE ACCEPTING THESE TERMS AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST PARTY CITY, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

BY ACCESSING OR USING THE PROPERTIES, YOU ARE SIGNIFYING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE OTHERWISE CAPABLE OF FORMING A LEGALLY BINDING CONTRACT UNDER APPLICABLE LAW AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, AS WELL AS OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN OUR OTHER POLICIES AND AGREEMENTS THAT MAY APPLY TO YOU, AND WHICH ARE HEREBY INCORPORATED BY REFERENCE.

IF, AT ANY TIME, YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS, YOU SHOULD NOT, AND ARE NOT ALLOWED TO, ACCESS OR USE THE PROPERTIES.

Accessibility
IF YOU ARE HAVING ANY TROUBLE ACCESSING THE PROPERTIES OR ANY ASSOCIATED WEBSITES, PLEASE CONTACT US TOLL FREE AT (800) 727-8924 OR TEXT US 24 HOURS A DAY, 7 DAYS A WEEK OR VIA EMAIL AT [email protected].

Terms of Use
Party City is an online retailer specializing in costumes and party supplies. Visitors using the Party City Properties and/or purchasing products (individually and collectively, the “Products”) from the Party City Properties must agree to the operating policies of Party City outlined in the Ordering Information section of the Properties, which may change from time to time. You understand that some of the items that appear on our Properties may not be available at your local Party City retail store. Product selection and price may vary by store and market and from store to Properties.

By using the Party City Properties and/or by purchasing Products, you are agreeing to all of these Terms.

Privacy
Party City takes the privacy of our customers very seriously. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Our Properties are provided from the United States of America and all servers that make it available reside in the U.S.A and its possessions. The laws of other countries may differ regarding the access and use of the Properties. We make no representations regarding the legality of the Properties in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A and its possessions.

Your Account
You can visit our Properties and search and purchase our Products without creating a user account. However, in order to access some features of the Party City Properties, you may be required create an online account with us. To create an account, simply click on “Your Account” at the top of your screen, enter your email address, and choose a password. Only your first and last names are required to complete registration, but more information is necessary to complete a purchase, such as your address and payment information. By submitting payment information, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. You further warrant and represent that all information you provide to us when you use our Properties is and will remain complete and accurate.

By submitting your information, you grant Party City the right to use it and to provide it to third parties for the purposes of facilitating the completion of your transaction. In addition to all other rights available to Party City, including those set forth in these Terms, Party City reserves the right, in its sole discretion, to verify your information prior to processing your order, limit order quantity, cancel any order, refuse service to you, or terminate your account. Remember, you are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your account, including any unauthorized use of your password or any other access codes.

License
Party City grants you a limited, personal, revocable, non-exclusive, non-commercial, and non-transferrable license to use our Properties for your personal, non-commercial use only to the extent that your use does not violate these Terms or applicable law. However, these Terms do not give you any right to reproduce, distribute, transmit, publish, or commercially exploit any information and content on our Properties. This includes e-mailing, faxing, posting to any online or physical channel, storage in a database accessible to persons other than yourself, or otherwise making information and content available electronically or in another way. You may not use any trademark, logo, content or other proprietary information (including the images on our Properties) without the express written consent of Party City.

Intellectual Property Rights
All photographs, images, illustrations, graphics, designs (including product designs), logos, audio clips, video, data, music, icons, text, software, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of Party City’s Properties, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing (collectively, “Content”), are subject to copyright, trademark, service mark, trade dress, patent, and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Party City. Some Content or other materials on the Properties belong to third parties who have authorized Party City to display the Content or other materials, such as third party retailer logos. By using the Properties, you agree not to copy, distribute, modify or make derivative works of any Content or other such materials without the prior written consent of the owner of such materials. Nothing contained in these Terms shall be deemed to grant to you any rights, title or interest in or to any copyright, trademark or other proprietary right of Party City or its licensors. Party City and its suppliers and licensors expressly reserve all United States and international intellectual property rights in all Content.

General User-Generated Content
By posting, distributing, sending, displaying or otherwise submitting any comment, message (including, without limitation, by email or text message), feedback, review, question, idea, suggestion, data, information, text, music, sound, photos, graphics or other content to or through the Properties and/or in connection with any Products (the “User-Generated Content”), you: (A) grant, and represent and warrant that you have the right to grant, to Party City an exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User-Generated Content throughout the world for any purpose including, without limitation, use in any promotion, advertising or media, whether now known or hereafter devised; (B) grant Party City and its affiliates, transferees and sublicensees the right to use the name, likeness and other personal attributes (including social media handle) that you submit in connection with such User-Generated Content in all media in which the User-Generated Content can be used in accordance with these Terms; (C) represent and warrant that (i) you solely own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Properties upon these Terms; (ii) such User Generated Content is accurate and not misleading or otherwise illegal; and (iii) the submission, use and posting or other transmission of such User-Generated Content does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity, including, but not limited to, any third party right of copyright, trademark, service mark, privacy, publicity or other intellectual property or personal or proprietary right; and (D) agree that Party City is under no obligation to offer you any payment for the use of the User-Generated Content or to attribute authorship of User-Generated Content to you. You further grant Party City the right to pursue at law any person or entity that violates your or Party City’s rights in the User-Generated Content by a breach of these Terms.

User-Generated Content you submit to or through the Properties is deemed non-confidential and non-proprietary information, and Party City is under no obligation to treat such User-Generated Content as your confidential or proprietary information. Once you submit or post User-Generated Content to the Properties, you acknowledge that Party City does not need to give you any further right to inspect or approve uses of such User-Generated Content or to compensate you for any uses. Without limiting the foregoing, Party City reserves the right to use the User-Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User-Generated Content, by submitting User Generate Content, you agree that (A) you do not require that any personally identifying information be used in connection with the User-Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion or exploitation of the User-Generated Content by Party City or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User-Generated Content; and (D) you release Party City from any claims that you could otherwise assert against Party City by virtue of any moral rights. Further, you hereby release Party City and its affiliates, successors and assigns and waive any claims, demands, damages, losses, liabilities and causes of action against Party City or its affiliates, successors or assigns for defamation, libel, invasion of privacy, publicity, personality or exploitation of your name. For the avoidance of doubt, you are solely responsible for anything you may post on the Properties and/or in connection with Products and the consequences of posting anything on the Properties.

Party City does not accept any unsolicited ideas from outside Party City including without limitation suggestions about advertising, promotion or merchandising of our Products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Properties, you understand and acknowledge that such idea is not submitted in confidence and Party City assumes no obligation, expressed or implied, by considering it. You further understand that Party City shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Party City. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Party City an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Digital Millennium Copyright Act Notice
Materials may be made available via the Properties by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Properties for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Properties.

If you believe any materials on the Properties infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:
Legal Administrator
Email: [email protected]

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Prohibited Activity
By using Party City’s Properties, you agree that you shall not:

• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Properties;

• Remove or attempt to remove any copyright, trademark or other proprietary rights notice contained in or on our Properties;

• Use or attempt to use the intellectual property and/or proprietary information on the Properties in connection with any other product or service in a manner that is likely to cause confusion among consumers;

• Use or attempt to use the intellectual property and/or proprietary information on this Properties to disparage or discredit the owner of such mark;

• Use or attempt to use the intellectual property and/or proprietary information on the Properties to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;

• Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Properties other than the search engine and search agents provided by Party City or generally publicly available browsers;

• Frame, mirror, or use framing techniques on any part of the Properties without Party City’s express prior written consent;

• Create a user account by automated means or under false or fraudulent pretenses;

• Use or attempt to use our Properties to violate the security of or gain unauthorized access to any computer, computer network, system, or device;

• Use any meta tags or any other hidden text utilizing Party City’s name or marks;

• Send unsolicited or unauthorized email on behalf of Party City, including promotions and/or advertising of products or services;

• Use our Properties to gain or attempt to gain unauthorized access to passwords or security encryption codes;

• Tamper with the Properties or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Properties or any activity being conducted on the Properties;

• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Properties;

• Use or attempt to use the Properties and/or the Products, intentionally or unintentionally, to violate any applicable local, state, federal or international law; rule or regulation.
  
  Furthermore, you shall not:

• Violate, infringe or misappropriate upon Party City’s or a third-party’s intellectual property, privacy, or other proprietary rights and/or, without a valid license, use or upload to the Properties any material or content that is subject to third-party proprietary rights, including without limitations copyright, trademark, or the likeness of any third party;

• Use the Products or upload to the Properties any material or content that is, in Party City’s sole discretion, illegal, exploitative, abusive, harmful, unwanted, deceptive, inappropriate, or objectionable in your jurisdiction (including, content which Party City determines (i) is false or inaccurate; (ii) is hateful or encourages hatred or violence against individuals or groups or encourages terrorism or violent extremism; (iii) could endanger public safety, (iv) describes, features or promotes graphic violence and gore, or (v) involves the sale or promotion of prohibited substances or goods);

• Use the Products, upload to the Properties, or expose any third-party to material or content that is, in Party City’s sole discretion, offensive, harmful to minors, indecent, pornographic, or otherwise objectionable in any way, regardless of whether such activity is lawfully permitted (including, content or images that describes, features, or promotes (i) sexual exploitation or abuse, (ii) non-consensual intimate activity or human trafficking, (iii) sexual solicitation, or (iv) suicide or self-injury).

In the event of breach of the Prohibited Activity section, Party City may immediately suspend your access to the Properties and/or refuse to sell you any Products.

General Ordering and Billing Conditions
Party City’s acknowledgment of your order means that your order request has been received. It does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.

You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. Only major credit cards are eligible for billing and Party City reserves the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices.

Products Descriptions and Availability
Party City takes reasonable efforts to ensure the integrity and timeliness of our data. We provide recipes, party planning tips and other information and content on our Properties. The inclusion of any Products on the Properties does not imply or warrant that these Products will be available at any particular time or that the listed attributes are accurate or complete. Party City continually upgrades and revises its Products to provide you with new Products. Party City may revise, discontinue or modify Products at any time without prior notice to customers, and Products may become unavailable without notice. Party City shall have no liability of any kind if Products that have been ordered are unavailable. If necessary, Party City reserves the right to substitute items of equal or greater value when an item is unavailable or Party City may cancel the order.

Errors; Corrections
While we try to ensure that all information displayed on our Properties and in our catalog is correct, sometimes errors can occur. A small number of Products available on our Properties may be described inaccurately, be mispriced, or be unavailable. We are not responsible for any inaccuracies, typos, misspellings or errors contained on our Properties.

We also try to provide accurate representations of our Products’ colors. However, because of many factors outside of our control, such as your computer’s color settings and screen dimensions, we cannot guarantee that the Products as they appear on your screen will exactly match the Products that you receive.

Party City reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice, including by revising your order accordingly if necessary (including charging the correct price) and/or cancelling your order and refunding any amount charged. We apologize for any inconvenience it may cause.

Pricing
The prices charged by Party City will be those in effect on the date of receipt of your order. You agree to pay Party City for all charges at the prices then in effect for the Products and/or services you or other persons using your account or payment method may purchase, and you authorize Party City or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Party City reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Party City disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.

Returns
If Products offered by Party City are not as described, your sole remedy is to return them in unused condition. For more information on how to return Products that you have purchased, please review Party City’s Return Policy.

Promotions
From time to time, Party City may offer its customers discounts, coupons, or promotional codes that may be used on our Properties. These discounts or promotions may be offered for only a limited time and subject to separate or additional rules and eligibility requirements. It is your responsibility to determine whether you may validly participate. Party City is not responsible for the validity of promotional offers found on sites not affiliated with our company. For more information on promotions, click here.

Risk of Loss
All items purchased from our Properties are made pursuant to a shipment contract. Unless otherwise set forth, the risk of loss and title for such items pass to you when we deliver the items to the shipping carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Compliance with Laws
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased on the Properties. By placing your order, you represent that the Products ordered will be used only in a lawful manner.

Indemnification
By accessing or using the Properties and/or by ordering Products, you agree to defend, indemnify, and hold harmless Party City and its respective affiliates, employees, directors, officers, agents, vendors, and suppliers (“Party City Indemnified Parties”) from and against any losses, liabilities, investigations, claims, suits, damages, costs, and expenses, including, without limitation reasonable attorneys’ fees and expenses, made against any of the Party City Indemnified Parties by any third party due to or arising out of or in connection of your violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing our Properties using your account. You agree to fully cooperate with Party City in the defense of any claim. Party City reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will not in any event negotiate or settle any claim without the prior written consent of a duly authorized employee of Party City.

Third-Party Links
Party City’s Properties may contain links to websites operated by third-parties. These links may appear in the form of banners, advertisements, text links or otherwise. Party City has no control over these third-party websites, all of which have their own separate privacy policies and terms of use, independent of ours. If you access one of these pages from Party City’s Properties, you understand that you are doing so at your own risk. There may also be circumstances where access to Party City’s Properties is provided by a link located at another website. Party City does not make any representations or give any warranties with respect to any information contained in or at these other websites and we shall not be liable for any damages or injury arising from the content on other websites. We recommend that you review the policies and terms of each third-party website that you visit. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Party City shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Properties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE PROPERTIES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

Disclaimer of Warranties
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND PARTY CITY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PARTY CITY.

YOUR USE OF THE PROPERTIES AND ANY OF THE INFORMATION, PRODUCTS, AND/OR SERVICES IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, ALL SUCH INFORMATION, PRODUCTS, CONTENT, AND/OR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, PARTY CITY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF OUR PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ALL INFORMATION, PRODUCTS, CONTENT, AND/OR SERVICES CONTAINED IN OR DESCRIBED ON OUR PROPERTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

PARTY CITY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA OUR PROPERTIES IS ACCURATE, CURRENT OR COMPLETE, AND PARTY CITY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF OUR PROPERTIES. PARTY CITY DOES NOT REPRESENT OR WARRANT THAT OUR PROPERTIES WILL BE TIMELY, UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

CERTAIN SUPPLIERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

PARTY CITY DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR PROPERTIES IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT OU DO NOT RELY SOLELY ON THE INFORMATION PRSENTED ON OUR PROPERTIES AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

EXCEPT WHERE EXPRESSLY PROVIDED, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOTHING ON PARTY CITY’S PROPERTIES SHALL CREATE ANY WARRANTY.

Limitation of Liability
IN NO EVENT SHALL PARTY CITY OR ITS RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF PARTY CITY’S PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, PRODUCTS, AND/OR SERVICES OR THE DISCLOSURE OR MISUSE OF ANY OF YOUR PERSONAL INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, PRODUCT LIABILITY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE PROPERTIES, ANY CONTENT ON THE PROPERTIES, OR THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

IF ANY PART OF THESE LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR PURCHASES MADE ON THE PROPERTIES.

Party City shall not be liable for failure to perform caused by a circumstance or event beyond its reasonable control including, without limit, strikes or industrial disputes (whether involving Party City's workforce or that of a third party), shortages of or inadequate sources of raw materials, component parts or essential utilities.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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.”

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law; Jurisdiction
Party City’s corporate headquarters is located in Woodcliff Lake, New Jersey. These Terms are governed by and shall be construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law principles. Further, you and Party City agree to the jurisdiction of a state or federal court in the State of New Jersey to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under the Mandatory Arbitration Agreement below.

MANDATORY ARBITRATION AGREEMENT

Arbitration. Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, the Privacy Policy, and/or any of Party City’s Properties, Products, Content, websites, applications, offerings, services, or software will be resolved by binding arbitration, rather than in court, except that you or we (1) must assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this Mandatory Arbitration Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

At least 30 days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself, detailing your legal claims, the requested relief and requesting arbitration to 100 Tice Blvd., Woodcliff Lake, NJ 07677 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the National Arbitration Mediation (“NAM”) under its rules, including for Consumer-Related Disputes. You and we also agree to delegate the issue of arbitrability to an arbitrator. Payment of administration and arbitrator fees will be governed by the NAM’s rules, except all of the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Party City may seek its attorney’s fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You and we also agree that, if more than one dispute arises regarding the same or substantially similar issues, our respective claim(s) will be arbitrated in the order in which it/they were filed, except all claims shall be arbitrated within three (3) years. THIS MANDATORY ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF THE AGREEMENT.

Class Action Waiver. We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

Enforceability. If this Mandatory Arbitration Agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction in the section above called “Governing Law; Jurisdiction” shall govern any claim in court arising out of or related to these Terms.

Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

TIME BAR: TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our Properties, please use our contact information below to let us know. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing-impaired persons may call TDD (800) 326-2297.

Miscellaneous
These Terms, which shall be deemed to be accepted by you upon your access or use of Party City’s Properties, constitute the entire agreement between you and Party City regarding your access and use of our Properties and/or the purchase of any Products. The provisions of these Terms shall survive any discontinuation of the Party City Properties and/or Products. No course of conduct or trade practice will modify these Terms. In the event that any provision of these Terms conflicts with the law under which these Terms are to be construed or if any such provision is held invalid by a court with the necessary powers, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of Party City, and the remainder of these Terms shall remain in full force and effect. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Party City’s express prior written consent. In our sole discretion, Party City may assign, transfer, or sublicense any of our rights or obligations under these Terms, in whole or in part, without notice to you. The headings used in these Terms are only for convenience and are to be given no legal or contractual meaning or effect. These Terms include and incorporate by reference Party City’s Privacy Policy and all other policies made available to you by Party City on its Properties.

Modification and Termination
Party City reserves the right, at its sole discretion, to make changes to our Properties, policies, and these Terms at any time. Updated Terms will be posted on our Properties and will be immediately effective once they are posted. These Terms were last updated as of the date provided above. Your continued access and/or use of the Properties after Party City posts revised Terms signifies your acceptance of the revised Terms. Please check back frequently and review the Terms for any updates or changes.

Contact Us
If you have any questions or comments regarding these Terms, please do not hesitate to contact us at: (800) PARTY CITY or (800) 727-8924

Email address: [email protected]

You may also contact our corporate headquarters by writing to us at:
Party City Corporation, 100 Tice Blvd., Woodcliff Lake, NJ 07677