Information BPS Collects
In administering the Services, BPS may collect from you, Personal Information and Non-Personal Information. Personal Information is information, that by its very nature, can be tracked back to you (“User”). Some example of this type of information includes your name, business name, address, phone number, email address, and driver license number. Non-Personal Information, on the other hand, is information that is considered insufficient to be able linked back to the User (“Non-Personal Information”).
Personal Information You Provide to BPS
You may provide Personal Information including, but not limited to, your name, email address, credentials, address, username, and current location when you register and use the Services.
Information Automatically Collected by BPS
Like other websites or apps, we also may collect and store information that is generated automatically as you navigate through our Services. We may collect information about your visit from the browser on your computer or mobile device including but not limited to the time and date you access the Services, your geographic location, IP address, device information, cookies and the pages you request — to analyze trends, administer the Services, track navigation of the site, deliver relevant advertisements and gather broad demographic information for aggregate use (note that IP addresses are not linked to “personally identifiable information”). We use this information to improve understanding of customer needs and provide relevant services. To automatically collect information, we use various technologies including:
Analytics. We use various analytics services to better understand how Users interact with our Services. These analytics services provide non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site.
How We Use User Data
We will use the information you provide to us for a variety of purposes, including to:
· create your BPS account,contact you to fulfil orders placed through BPS,
· contact you for customer service requests,
· contact you to inform you of important changes or additions to our Services,
· send you administrative notices, oﬀers and any other communications that we believe may be of interest to you,
· operate, improve and maintain our products and services, including analyzing User behavior,
· administer promotions, provide features and display relevant content to you,
· track and monitor web traﬃc,
· track your response and behavior on the Services,
· interact with support and feedback platforms,
· manage support and contact requests,
· tailor and optimize advertising, and
· to implement SPAM protection.
How We May Share User Information
We don’t give your Personal Information to any third-party services, except when it’s necessary to provide services (like when we partner with payment processors or other data services). When we share data with third-party services that support our delivery of the Services, we require that they protect your Personal Information to the same standards we do. We do reserve the right to disclose Personal Information when we believe that doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect our legal rights.
Please see below for how we may share your Personal Information and Non-Personal Information.
Sharing of Personal Information
2) Service Providers and Contractors: We reserve the right to disclose to service providers, contractors, or other third parties any or all of the information that we collect online about you and other visitors to conduct business on our behalf. These activities could include processing or making payments, maintaining the Site, or facilitating email delivery to you. We require that our service providers and contractors protect your Personal Information with the same standards we do but we are not responsible for their policies or practices.
3) By Law or to Protect Rights: We may disclose information when we believe that disclosure is necessary to comply with the law, to enforce our intellectual property rights, to enforce our Terms of Service, or to protect the rights, property or safety of BPS and our employees, and if necessary to defend against third-party claims. We may also disclose information when requested to comply with a court order, investigation, or governmental request.
Please bear in mind that whenever you voluntarily make your Personal Information available for viewing by third parties online – for example through comments and participation in forums or through email – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Sharing of Non-Personal Information and Aggregate Data
BPS may share with third parties your Non-Personal Information and related aggregated data. Because this form of data does not identify particular Users, these third parties will not be able to contact you based solely on this data. For example, we may share aggregated usage data from our Users or may share IP addresses or general demographic information of our Users to provide anonymous aggregated data to business partners about the volume of use on the Services and the opportunities in which Users are most interested.
How We Protect All of Our Data
All information submitted to BPS will be stored on our servers. We will use industry standard measures, including encryption where appropriate. However, as eﬀective as the reasonable security measures we implement may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet. Therefore, any information you transmit to us is sent at your own risk.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us at the address below.
How You Can Control the Information We Collect, Use and Share
If you share information with us, you will have the opportunity to review, update, change or delete the information you have provided to us (and that we continue to store) at any time through your profile settings. You can also stop receiving emails from us or disable your account to prevent any future purchases through that account. Please contact us directly at email@example.com to eﬀect changes or click on the “unsubscribe” link located at the bottom of marketing emails you may receive from us.
On request, we will give you a copy of all the Personal Information about you that we hold. This information is subject to a fee not exceeding the prescribed fee permitted by law.
We may retain certain information as required by law or for necessary business purposes. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We are under no obligation to destroy anonymized aggregate data.
Regardless of your choices regarding promotional communications and updates regarding content, we may send you administrative messages, service announcements, terms and conditions of your account, or other similar communications, without offering you the opportunity to opt out of receiving them.
The Services may contain links to other sites or services. We are not responsible for the privacy policies or other practices employed by websites linked to, or from, our website nor the information or content contained therein. This privacy statement applies solely to information collected by our Services.
Our Policy Toward Children
The Services are not directed to children under the age of 13. We will not knowingly maintain personally identiﬁable information from or about anyone under 13. If we become aware that we have collected personally identiﬁable information from a User of the Services that is under the age of 13, then we will remove that child’s Personal Information from our ﬁles. If a parent or guardian learns his or her child has provided us with Personal Information, he or she should contact us at firstname.lastname@example.org (please include the child’s name, address, and e-mail address).
Consent to Transfer
BPS reserves the right to store this information in and outside of the United States and in locations not under our direct control (for example, colocated server facilities).
Changes and Updates
Terms & Conditions
This is a formal Tailgate Services Agreement (“Agreement”) between Blockparty Inc. (“Blockparty”) and the Customer. The terms and conditions of the Agreement are stated below and supersede any prior terms and conditions.
Enforceability: Any relevant quote is an estimate and does not constitute an engagement of services until executed by both parties. Moreover, any changes requested by Customer must be in writing and agreed to by Blockparty before they are enforceable. Additional changes will be invoiced at the rate agreed to by customer and Blockparty and payment for such changes shall be due upon completion of the Services.
Cancellation Policy: Services must be cancelled in writing by sending an email to email@example.com. Cancelations received at least ten (10) days prior to the event day will be refunded 50% of the total price. No refund will be made for services cancelled fewer than ten (10) days prior to the event day. In the event that you received a discount for purchasing season-long services, or for any other reason, you shall forfeit your discount in the event that you cancel or request a refund for any portion of the services you purchased.
Event Services: Blockparty will provide pop-up hospitality services for the Customer’s event. Blockparty shall perform its obligations under this agreement in a workman like manner and in good faith and with fair dealings. Blockparty shall devote such time and effort in performance of its duties as may reasonably be requested by the Customer.
Compensation: 100% of payment is due upon execution and must be paid at least two (2) days prior to event.
Weather policy. If the game the Customer tailgate is associated with is not canceled due to weather, Blockparty will provide the Services described herein regardless of the weather conditions. In the event the game is canceled due to weather, Blockparty shall provide Customer a credit in the amount of 50% of the Payment for use at some point during the remainder of the same season as the canceled game.
Policies & Rules. Customer agrees to abide by any rules, policies, or other instructions of the host venue where Customer’s tailgate is located.
Photography & Videography. Customer grants Blockparty the right to film and photograph its tailgate space for sales, marketing and related activities, including use on Blockparty’s website. Customer grants Blockparty the right to use his or her likeness as well as the likeness of guests on its website, in its sales, marketing, and other related activities.
Independent Contractor Status: It is understood and agreed that the operations of Blockparty are those of an independent contractor. It is agreed that Blockparty, its officers, and employees are not employees of the Customer.
Force Majeure: A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. If an event of force majeure causes an Event to be cancelled or causes Blockparty to be unable to perform its obligations hereunder, the customer shall have a credit to use for future event within one hundred and eighty (180) days of its originally scheduled date.
Indemnification & Limitation of Liability: Each party agrees to indemnify, defend and hold harmless the other party and its Affiliates and its and their respective officers, directors, employees, agents, successors, licensees, supplier and assigns from and against any and all claims, losses, liabilities, damages, penalties, governmental inquiries, investigations and proceedings, and all claims, as well as all costs and expenses (including reasonable attorneys’ fees) related to any of the foregoing by third parties (or the government) (all of the foregoing, collectively, “Claims”) arising from the indemnifying party’s alleged breach of this Agreement. In no event shall Blockparty or its affiliates be liable for any indirect, incidental, consequential, special, punitive or exemplary damages. Blockparty’s liability under this Agreement is limited to the total amount paid by Customer hereunder.
Damages & Alcohol Consumption: Customer acknowledge, understands, and agrees that Customer shall be responsible for any damages to Blockparty property caused by Customer or one of its guests. Customer further agrees that no one under 21 years of age shall consume alcohol at its tailgate and Customer agrees to indemnify and hold harmless Blockparty for any injury, damages, or other losses related to alcohol consumption by Customer or any of its guests.
Counterparts: This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures as recognized under Texas law are valid.
Severability: To the extent that any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this section is reasonable in view of the parties' respective interests.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations and understandings of the parties, written or oral.
Governing Law; Venue: This Agreement shall be governed in all respects by the laws of the State of Texas without regard to any provisions thereof relating to conflict of laws among different jurisdictions. Venue for any dispute between the parties will be in the state or federal courts of Dallas County, Texas.