SocialParty Terms of Service
These Terms of Service ("Terms") govern your access to and use of the SocialParty mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old to use the Service. By using it, you represent that you are 18 or older and that you have the authority to agree to these Terms.
2. The Service
SocialParty helps you discover live, time-bound events at local venues and coordinate plans with friends and groups. Content about venues and events is largely created by users. The Service, its features, and availability may change over time.
3. Your Account
You sign in using Sign in with Apple. You are responsible for the activity that occurs under your account and for keeping your access secure. You agree to provide accurate information and to notify us of any unauthorized use. You may delete your account at any time from within the app; see Section 14 for what happens on termination.
4. User Content
"User Content" means anything you submit to the Service, including venues, events, photos, descriptions, hours, contact details, availability, group and friend information, and reports.
- You retain ownership of your User Content.
- License to us. You grant 59 Burnham LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, adapt (e.g., resize images), and distribute your User Content as needed to operate, provide, and promote the Service. This license ends when you delete the content or your account, except (a) where content has been shared with others who have not deleted it, (b) for content that becomes unattributed under Section 14, and (c) for retention required by law or for backups for a limited period.
- Your responsibility. You represent that you have the rights to your User Content and that it does not violate these Terms or any law or third-party right.
- Public nature. Much of what you post is visible to other users, and uploaded images are served from public URLs. Do not post anything you wish to keep private. See the Privacy Policy for details on visibility.
5. Acceptable Use
You agree not to:
- post content that is illegal, sexually explicit, graphically violent, hateful, harassing, defamatory, or that infringes others' rights;
- impersonate any person or misrepresent your affiliation, or create fake or misleading venues or events;
- harass, threaten, stalk, or harm other users;
- spam, advertise without authorization, or post content unrelated to events;
- attempt to access accounts or data that are not yours, probe or breach security, or interfere with the Service;
- scrape, crawl, or harvest data from the Service, or use it via automated means except as expressly permitted;
- upload malware or attempt to disrupt the Service's infrastructure.
6. Content Moderation and Enforcement
We screen uploaded images (on your device where supported, and on our servers via automated analysis) and may reject, remove, or restrict content that violates these Terms. We also rely on user reports. We may, with or without notice, remove content and warn, suspend, or terminate accounts that violate these Terms or that we reasonably believe create risk or legal exposure. We are not obligated to monitor content but may do so.
7. Venues and Events
- Accuracy. Venues and events are largely user-generated. We do not verify, endorse, or guarantee the accuracy, legality, safety, or occurrence of any venue or event, or that any event will take place as described. You attend events and interact with other people at your own risk.
- Venue claiming. Claiming a venue within the Service does not transfer or establish any real-world ownership of, or authority over, that physical location. By claiming a venue you represent that you are authorized to manage its presence on the Service. We may decline, revoke, or transfer a claim (including to resolve disputes) at our discretion.
8. Subscriptions and Payments
Certain features (such as claiming a venue) require a paid subscription purchased through the Apple App Store.
- Billing through Apple. All payments are processed by Apple under your Apple ID; we do not receive or store your payment-card details.
- Auto-renewal. Subscriptions automatically renew until cancelled. Manage or cancel renewal through your Apple ID subscription settings; cancellation takes effect at the end of the current billing period.
- Refunds are handled by Apple in accordance with its policies.
- Changes. We may change subscription features or pricing prospectively; price changes apply to future billing periods.
- Lapses. If a subscription lapses or is cancelled, associated paid benefits (such as a venue claim) may end.
9. Intellectual Property
The Service, including its software, design, and trademarks, is owned by 59 Burnham LLC or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, reverse-engineer, or create derivative works from the Service except as permitted by law.
10. Third-Party Services
The Service relies on third parties, including Apple (sign-in, notifications, payments) and Amazon Web Services (image moderation). Your use of those services may be subject to their terms, and we are not responsible for them.
11. Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that content (including venue and event information) is accurate or reliable. You are solely responsible for your interactions with other users and your attendance at any event or venue.
12. Limitation of Liability
To the maximum extent permitted by law, 59 Burnham LLC and its officers, members, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us in the 12 months before the claim or (b) US $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless 59 Burnham LLC from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your User Content, your use of the Service, or your violation of these Terms or any law or third-party right.
14. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms. On account deletion, we remove your personal profile and revoke your Sign in with Apple authorization; venues and events you created may remain on the Service but become unattributed ("ownerless"). Sections that by their nature should survive termination (including Section 4 license-survival provisions, 9, 11, 12, 13, and 16) will survive.
15. Changes to These Terms
We may update these Terms from time to time. We will post the new effective date here and, for material changes, provide notice in the app. Your continued use of the Service after changes take effect constitutes acceptance.
16. Governing Law and Disputes
These Terms are governed by the laws of the State of [STATE], USA, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in [STATE] will have exclusive jurisdiction over any dispute not subject to other agreed resolution, and you consent to venue there.
17. Apple App Store — Additional Terms
These Terms are between you and 59 Burnham LLC only, not with Apple, and Apple is not responsible for the Service or its content. The following apply to your use of the app obtained through the Apple App Store:
- Your license to use the app is limited to use on Apple-branded products you own or control, as permitted by the App Store Usage Rules.
- Apple has no obligation to provide maintenance or support for the app.
- To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app; if the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). Apple has no other warranty obligations.
- Apple is not responsible for addressing any claims relating to the app, including product-liability, legal/regulatory, or consumer-protection claims, or claims that the app infringes third-party intellectual-property rights; such claims are governed by these Terms and are our responsibility, not Apple's.
- You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.
18. Contact
Questions about these Terms: support@59burnham.com.