Terms of service

This website (including all content and functionality available through the partique.com domain name or under domain names of one or more of the sponsors (each a “Sponsor”) of parties featured on the website (each a “Party”) that is “powered by Partique”, the “Website”) is operated by or on behalf of Partique, LLC, a Connecticut limited liability company with offices at 75 Strickland Rd., Cos Cob, CT 06807 (“Partique”, “we”, “our”, or “us”). These Terms of Service (the “Agreement”) govern your use of the Website. The Website enables visitors to the Website ("Visitors") to browse certain public areas of the Website and Visitors who meet the requirements set forth in this Agreement and who affirmatively indicate their agreement to abide by this Agreement by their registration on our Website ("Registered Users", and collectively with Visitors, “you” or “your”) are enabled to browse additional areas of the Website, utilize the functionality on the Website and potentially host Parties.

Please read this Agreement carefully before accessing the Website. By accessing the Website, you agree to be bound by the terms and conditions set forth in this Agreement and all applicable laws. If you do not wish to be bound by this Agreement, you are not authorized to use this Website.

Partique reserves the right to modify the Agreement at any time. You should periodically visit the Website to review the most recent up-to-date version of the Agreement and be aware of any such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Modified” at the end of this Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to continue to use this Website. A current version of the Agreement is accessible via the footer of the partique.com homepage.

Certain pages on the Website are available under the domain name of a Sponsor (“Sponsor Web Pages”). Such Sponsor may have their own “Terms of Service” or comparable agreement relating to the use of their website (“Sponsor Terms of Service”). To the extent this Agreement conflicts with the Sponsor Terms of Service, the Sponsor Terms of Service shall govern with respect to the Sponsor Web Pages and this Agreement shall govern with respect to pages available under the partique.com domain name.

1. Registered Users.

1.1 Legal Capacity. The Website is available only to individuals who can form legally binding contracts under applicable law. Visitors who are either at least eighteen (18) years of age, an emancipated minor, or possess parental or legal guardian consent may become Registered Users by affirmatively accepting this Agreement when they register on the Website provided that if you are under the age of 14 you may not become a Registered User under any circumstances. By registering on the Website, you acknowledge that you are at least fourteen (14) years of age (and if less than eighteen (18) years of age, you are either an emancipated minor or possess parental or legal guardian consent) and you have read, accept and agree to be bound by the terms and conditions set forth in this Agreement. Visitors who are under the age of eighteen (18) must provide the consent of a parent or legal guardian before they may be considered as a potential host for a Party and such consent must be provided for each individual Party. Certain Parties may only be hosted by Visitors who are over the age of twenty one (21).

1.2 Accurate Information. When you register on our Website, you will be required to provide certain personal information to us. You agree to (i) provide true, accurate and complete information about yourself as prompted in the applicable page, and (ii) maintain and promptly update your information by logging in to your Registered User account (“Account”) on our Website to keep your information true, accurate, current and complete. You understand that we will be relying on the accuracy of this information for, among other things, selecting hosts for Parties and in connection with performing services for Sponsors.

1.3 Registered User Profile; Password. Registered Users will receive a screen name and password (“Registered User Profile”) to access their Account. Registered Users agree not to allow any third party to use their Registered User Profile to access the Website, and further agree to safeguard their Registered User Profile information at all times. Each Registered User will be held fully responsible for all activities that occur under his or her Account by anyone else, whether or not authorized by that Registered User. Registered Users agree to notify Partique immediately of any unauthorized use of their Registered User Profile, Account or the Website. Registered Users and Visitors agree that Partique shall not be liable for any loss that results from the unauthorized use of a Registered User’s Registered User Profile or Account, either with or without such Registered User’s knowledge. No part of a Registered User Profile or Account may be transferred or sold to another party.

1.4 Revocation of Registration. Registered Users agree that Partique has the right to cancel their registration for any reason at any time, in our sole discretion. The revocation of a Registered User’s registration will result in the termination of Registered User’s Account and the loss of access to portions of the Website accessible by Registered Users, and Registered Users agree that Partique shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.

2. Registered User Content.

2.1 Content. Partique offers Registered Users the opportunity to post Content (as hereinafter defined) to the Website in connection with certain interactive features on the Website (“Registered User Content”). You acknowledge and agree that (i) neither Partique nor any Sponsor has an obligation to use or respond to Registered User Content posted to the Website; (ii) the provision of Registered User Content by Registered Users in no way imposes any other obligation on Partique or any Sponsor, whether of confidentiality, attribution, or otherwise, and neither Partique nor any Sponsor shall be liable for any use or disclosure of any Registered User Content contained therein; (iii) Registered Users hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any use, alteration, distortion or illusionary effect, or use in any composite form of your image/likeness, arising out of the posting of your photograph or other image to the Website, (iv) no fees, royalties or any other monies (“Royalties”) will be owed to any person by reason of any Registered User Content posted to the Website, and if any Royalties are owed, Registered User will pay all such Royalties, and (v) Registered User Content submitted to the Website may be subject to size and usage limitations, and Registered Users are responsible for adhering to such limitations. “Content” means text, comments, icons, messages, photographs, images, music, video and other content appearing on the Website.

2.2 Restrictions. Registered Users agree not to post or otherwise submit to the Website, or to include in any invitations to or announcements regarding any Party, any Registered User Content that:

(a) contains any visible logos, drawings, cartoons, photographs, pictures, phrases or Trademarks (as defined in Section 3.2 below) or other third party materials other than any of the foregoing as featured on materials provided by the Sponsor of any Party at which any photographs or video were taken;
(b) has been previously published (including without limitation by posting online);
(c) was not created by the Registered User;
(d) features the image, name, or likeness of any individual from whom the Registered User has not obtained consent to obtain and post on the Website, or features any minor without the permission of such minor’s parent or guardian;
(e) is fraudulent;
(f) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(g) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of the Website in any way;
(h) infringes any patent, trademark, trade secret, copyright, privacy or publicity rights, moral rights or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work;
(i) is patently offensive to the Website community or to us, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(j) harasses or harms, or advocates the harassment or harming of another person;
(k) involves the transmission of "junk mail," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, constitutes unsolicited mass mailing or "spamming" (or otherwise violates the federal CAN-SPAM law or any state spam laws);
(l) solicits personally identifiable information from third parties;
(l) contains any unsolicited or unauthorized advertising, promotional materials, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
(m) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(n) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(o) displays pornographic or sexually explicit material of any kind;
(p) is likely to violate (in whole or part) the acceptable use policies of our ISPs or other suppliers;
(q) links to materials or other content, directly or indirectly, to which the Registered User posting such material does not have a right to link or which competes in any manner with the Website or Partique or the Sponsor of a particular Party;
(r) encourages others to violate this Agreement
(s) advocates any illegal activity;
(t) that is not related to the topic or theme of the applicable Sponsor or Party; or
(u) violates any applicable local, state, national, or international law.

2.3 Quality and Review of Content. Neither Partique nor any Sponsor endorses any Registered User Content or any opinion, recommendation or advice expressed therein and Registered User Content does not in any way reflect the opinion, advice or statement of Partique or any Sponsor. You acknowledge and agree that neither Partique nor any Sponsor has any obligation to review Registered User Content, and therefore neither we nor any Sponsor guarantees the accuracy, integrity or quality of Registered User Content and neither we nor any Sponsor can assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registered User Content will not appear on the Website. However, you acknowledge and agree that while we have no obligation to, we have the absolute right to monitor all Registered User Content. In addition, you acknowledge and agree that we reserve the right to censor, alter, edit or remove any Registered User Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or request from a governmental or law enforcement authority and to protect ourselves, Registered Users, Visitors or service providers including but not limited to where we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise or when anyone else could be harmed by such activities. You agree that you shall immediately notify Partique in writing of any objectionable Content appearing on the Website.

2.4 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with Partique.

2.5 Grant of License to Registered User Content. By posting Registered User Content to the Website or by otherwise submitting Registered User Content to us, Registered Users automatically grant, and represent and warrant that they have the right to grant to Partique and to Sponsors, a non-exclusive, perpetual, irrevocable, sublicenseable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registered User Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registered User Content (in whole or in part) and/or to incorporate such Registered User Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registered User Content for any purpose, including for purposes of advertising and publicity on the Website, Sponsor advertising and elsewhere. Partique, Sponsors and their sublicensees shall not be limited in any way in either of their use, commercial or otherwise, of any such Registered User Content, and Registered Users hereby waive any moral rights in, or approval rights to, such Registered User Content. Further, Partique, Sponsors and their sublicensees have the explicit right to incorporate any Registered User Content posted to the Website or otherwise conveyed by any Registered User to Partique into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.

2.6 Removal Requests. If you would like us to remove any Registered User Content from our Website for any reason, please notify us at copyright[at]partique.com. While we do not have any obligation to remove Registered User Content merely because of a removal request, Partique will review all such requests and will remove Registered User Content that we determine should be removed, in our sole discretion. If you are requesting removal of Registered User Content due to a violation of your intellectual property rights, please follow the procedure in Section 3.3 below.

3. Intellectual Property.

3.1 Copyright. Except for Registered User Content, any Content appearing on the Website is the property of Partique or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any such Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.

3.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Partique or its licensors, Sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Partique or any Sponsor.

3.3 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing (including URL, title and/or item number if applicable, or other identifying characteristics);
Your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A state1ment by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You acknowledge that if you fail to comply with all of the requirements in this Section, your DMCA notice may not be valid and shall not be deemed to confer upon Partique actual knowledge of facts or circumstances from which infringing material or acts are evident.
If a notice of claim of copyright infringement relates to Registered User Content that you submitted and you believe that the material that was removed from the Website (or to which access was disabled) in response to such a notice is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to include it in your Registered User Content, you may send a counter-notice containing the following information to the copyright agent:

Your electronic or physical signature;
Identification of the material that has been removed or to which access has been disabled (including URL before it was removed or disabled, title and/or item number if applicable, or other identifying characteristics);
A statement that you have a good faith belief that the content was removed as a result of mistake or misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Bridgeport, Connecticut, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the copyright agent, Partique may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Registered User providing such content, the removed content may be replaced or access restored in 10 to 14 business days or more after the counter-notice is sent to the original complaining party, at Partique’s sole discretion.

Partique's copyright agent for notice of claims of copyright infringement (and any counter-notices) can be reached as follows:

Name: D. Lisi
Address: 75 Strickland Rd., Cos Cob, CT 06807
Telephone: 203-952-7185
Email: copyright[at]partique.com

4. Links.

Partique and/or third parties including the Sponsors may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Further, such websites may collect personally identifiable information about you. You acknowledge and agree that Partique shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read the policies of all of such sites as their policies may be materially different from Partique’s or the Sponsor’s policies.

5. DISCLAIMER OF WARRANTIES.

5.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER PARTIQUE NOR ANY SPONSOR MAKES ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. REGISTERED USERREGISTERED USER.

5.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PARTIQUE OR ANY SPONSOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. NEITHER PARTIQUE NOR ANY SPONSOR GUARANTEES CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

5.3 NEITHER PARTIQUE NOR ANY SPONSOR MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ANY CONTENT FEATURED ON THE WEBSITE, WHICH ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED, ANY SPONSORS, OR THE RESULTS YOU MAY OBTAIN FROM HOSTING ANY PARTY. WE DO NOT WARRANT THAT THE WEBSITE, OUR SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE AND DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

6. ADDITIONAL LIMITATIONS OF LIABILITY.

In addition to limitations on liability set forth elsewhere in this agreement to the fullest extent permitted by applicable laws we and the Sponsors, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the website or any website with which it is linked, OR ANY PARTY YOU MAY HOST OR ATTEND. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Service may not apply to you.

7. Representations and Warranties. Registered Users represent and warrant that (i) they will abide by the terms of this Agreement and all applicable laws, (ii) the posting of Registered User Content by them does not violate any restrictions in this Agreement or otherwise to which such Registered User is bound, (iii) Registered User Content submitted by them is accurate and does not and shall not infringe the copyright, trademark, patent, moral rights or other intellectual property law of any third party or defame or invade the publicity rights or the right to privacy of any person, living or deceased, and (iv) the submission of Registered User Content does not violate the terms of this Agreement or any applicable laws or regulations. Visitors represent and warrant that they will abide by the terms of this Agreement.

8. Indemnification.v You agree to indemnify, defend and hold Partique and Sponsors harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your actions on or in relation to the Website or any Party, or your violation of any law or the rights of a third party. You agree that under no circumstances will Partique or any Sponsor be liable in any way for the accuracy, reliability, or quality of any Registered User Content, and that each Registered User shall hold Partique harmless for (i) any errors or omissions in Registered User Content posted by such Registered User, or (ii) any loss or damage of any kind incurred as a result of the use of Registered User Content posted by such Registered User.

9. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific products, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that neither Partique nor any Sponsor shall be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings (except to the extent such dealings are directly with a Sponsor which shall be subject to the terms of conditions associated therewith).

10. Commercial Use. You acknowledge and agree that the Website is for the personal use of Registered Users and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors, for this reason, no user shall be eligible to receive a Partique party pack without having invited at least 5 guests, as a failure to do so will constitute a commercial procurement of merchandise under false pretences and be subject to legal recourse.

11. Privacy. Partique is committed to safeguarding your privacy. Our Privacy Policy (which can be found at http://partique.com/privacy) describes the information we collect when you and others use this Website, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy, as it may be modified from time to time, is incorporated by reference in this Agreement. By entering into this Agreement, you are hereby acknowledging and agreeing that you have read and consent to the terms of our Privacy Policy including consenting to our use of your personal information in accordance with our Privacy Policy.

12. Termination. Partique reserves the right, in its sole discretion, with or without cause, to terminate at any time: a Registered User’s or Visitor’s access to or use of the Website, or ability to transmit Content to the Website; or (ii) a Registered User’s ability to host a Party.

13. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website (or any portion thereof), or any Party, event, or promotion featured on the Website, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website.

14. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain Parties, promotions or activities available through our Website. These Additional Terms will be posted on or linked from the relevant portions of our Website or the portions of our Website that describe the specific Parties, promotions or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions or activities.

15. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Partique or any Sponsor by this Agreement.

16. Notices. Except as provided in Section 3.3, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Partique, LLC, at 75 Strickland Rd., Cos Cob, CT 06807, Attn: D. Lisi, and to a Registered User at the address listed in such Registered User’s Profile. Notice shall be deemed given seven (7) days after the date of the mailing.

17. Governing Law; Venue. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of Connecticut, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Connecticut. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

18. Attorney's Fees. If Partique or any Sponsor takes action to enforce this Agreement, Partique or such Sponsor shall be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Partique or such Sponsor may be entitled.

19. Third Party Beneficiaries. Sponsors may be deemed third party beneficiaries of this Agreement.

20. General. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity will not affect the validity of the remaining portions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. You agree that this agreement may be assigned by Partique, in its sole discretion, to a third party without notice to you. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement (including our Privacy Policy and Additional Terms which are incorporated herein) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties. Access to or use of the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.