You may not access the Sites or Services if You are a direct competitor of any Services, except with prior written consent by Agile Software and Marketing Inc. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU", "YOUR" OR “USER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES.
PARTY CENTER SOFTWARE(SM)
CINEMA PARTY SOFTWARE(SM)
AGILE SOFTWARE AND MARKETING(SM)
Updated May 10th, 2018
Agile Software and Marketing INC ("ASM"), a Nevada Corporation, reserves all production, creative and content rights of distribution, Licensing and/or ownership for the Party Center Software, websites and brand identity. PartyCenterSoftware.com, AgileSoftware.com, ASMParty.com, ASMonline.com, agilecapacity.com, cinemapartysoftware.com, including any other related brands or websites, will be known furthermore as "Services". ASM provides small and medium sized businesses and organizations a variety of tools and resources to help facilitate customer relationship management, point of sale, inventory bookings, customer invoicing, online event booking, facility management, vendor management and employee management. ASM operates many sites including but not limited to PartyCenterSoftware.com, pcsparty.com, cinemapartysoftware.com, agilesoftware.com, asmparty.com, asmonline.com and agilecapacity.com (Furthermore known as “Sites”) to provide online access to online subscriptions for its Customer’s, per the Master Subscription Agreement and website users. By accessing and using these Sites, you agree to each of the terms and conditions set forth herein ("Terms"). Additional terms and conditions applicable to specific areas of this Sites or to particular content or transactions are also posted in particular areas of the Sites and, together with these Terms, govern your use of those areas, content or transactions. ASM reserves the right to modify these Terms at any time without giving you prior notice. Your use of the Sites following any such modification constitutes your agreement to follow and be bound by the Term as modified. The last date these Terms were revised is set forth within. The following are the terms and conditions for use of the Services. By using any of ASM’s Sites or by clicking the 'I accept these terms and conditions' button on the login page or by logging in to ASM, you accept these terms and conditions.
- Restrictions and Responsibilities
- Downloading Files
ASM cannot and does not guarantee or warrant that files available for downloading through the Sites will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Sites is the copyrighted work of ASM and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
- Disclaimer of Warranties
ASM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITES, THE SERVICE OR THE CONTENT. ASM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITES, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITES. ASM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITES OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITES OR THE SERVICE WILL BE CORRECTED. ASM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITES, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- Limitation of Liability
IN NO EVENT WILL ASM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITES, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITES, THE SERVICE, OR THE CONTENT, EVEN IF ASM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICE, THE CONTENT, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ASM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 USD.
You understand and agree that you are personally responsible for your behavior on the Sites. You agree to indemnify, defend and hold harmless ASM, its parent companies, subsidiaries, affiliated companies, joint ventures, contractors, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Sites, the Service, or the Content, or any violation by you of these Terms.
- User Conduct
You agree to use the Sites only for lawful purposes. You agree not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Sites in any manner that might interfere with the rights of third parties.
- Unsolicited Idea Submission Policy
ASM or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should ASM’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to ASM or anyone at ASM. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of ASM, without any compensation to you; (2) ASM will have no obligation to return your idea to you or respond to you in any way; (3) ASM will have no obligation to keep your idea confidential; and (4) ASM may use your idea for any purpose whatsoever, including giving your idea to others. However, ASM does welcome feedback regarding many areas of ASM’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Sites. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.
- Password Security
If you create or are provided a user account on any Sites or Services, you are responsible for maintaining the confidentiality and security of your login and password information, including responsibility for all users who are given You agree to accept responsibility for all activities that occur under your member identification and password. You agree to meet or exceed industry standards in the creation, protection and rotation of your passwords and online identities.
- General Provisions
- Entire Agreement/No Waiver. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ASM of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ASM therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ASM does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind ASM in any respect whatsoever.
- In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its costs and attorney's fees.
- The Terms shall be governed by the laws of the State of Nevada, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with these Terms shall be brought in the state or federal courts located in Douglas County, Nevada.
- ASM, CineamPartySoftware.com(sm), AgileCapacity.com, PCSParty.com, PCSOnline.com and PartyCenterSoftware.com(sm) are trademarks of Agile Software and Marketing Inc.
EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework
Other legal entities adhering to the Privacy Shield Principles:
PARTY CENTER SOFTWARE(SM)
CINEMA PARTY SOFTWARE(SM)
AGILE SOFTWARE AND MARKETING INC.(SM)
In compliance with the Privacy Shield Principles, Agile Software and Marketing Inc commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Agile Software and Marketing Inc at:
ATTN: Privacy Compliance
195 Hwy 50, #104, PMB 7172-474
Stateline, Nevada 89449
Information We Receive from Third Parties
In order to support your experience using the Service, we may also collect information about you from third party partners and combine it with other information we collect from you. We only disclose personally identifying information with 3rd parties that are approved and engaged by you to work in conjunction with our Services.
Automatically Collected Information
We employ service providers to perform certain tasks on our behalf when providing the Services. We do not authorize these service providers to use or disclose any data except as necessary to perform tasks on our behalf or comply with legal requirements. If you would like to review a list of the third party services used to support ASM, please contact our support department.
Your Rights and Choices
You may update your preferences, ask us to remove your information from our mailing lists, delete your account, submit a request to exercise your rights available under applicable law, or express your concern about the use of your information at any time. To do so, please contact us via the email address or phone number provided above. Additionally, you may choose not to provide information to us. However, if you do not provide information when requested, you may not be able to use the Services as the information may be necessary to provide you with the Services or we may be legally required to collect it in the context of the Services. Please note that if you cease using the Service or we terminate your access to the Service in accordance with your Agreement, you may no longer have the ability to access or update your information.
Personal Information Received from the European Economic Area and Switzerland
Recourse and Enforcement
We commit to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to personal data transferred from the EU and Switzerland in the context of the use of our Services.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
If you have any questions or concerns, please write to us at the address listed below. If you are an EEA or Swiss resident, we will investigate and attempt to resolve reasonable complaints and disputes regarding our use and disclosure of Personal Information in accordance with the Principles. If an issue cannot be resolved via our internal dispute resolution mechanism, EEA and Swiss individuals may contact or submit a complaint, at no cost, to the Council of Better Business Bureaus, our US-based third party dispute resolution provider. To find out more, go to www.bbb.org/eu-privacy-shield/for-eu-consumers. For residual complaints not fully or partially resolved by other means, you may be able to invoke binding arbitration before the Privacy Shield Panel as detailed in the Principles.
Data Integrity and Purpose Limitation
Customers may access their Site or Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
Customer or User expressly understands and agree that ASM shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. ASM, in its sole discretion, will determine abuse or excessive usage of the API. ASM will make a reasonable attempt via email to warn the account owner prior to suspension.
Questions or comments regarding this Policy should be submitted to the ASM Privacy Office by mail or e-mail as follows:
Agile Software and Marketing Inc
195 Hwy 50, #104, PMB 7172-474
Stateline, Nevada 89449