Terms of Service
Welcome, and thank you for your interest in Super Jampad Inc. ("Partytime," "we," "us," or "our") and our website at partytime.gg, along with our related websites, hosted applications, mobile or other downloadable applications, our artificial-intelligence game-creation tools, the Creator Fund program, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Partytime regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY SIGNING UP AN ACCOUNT, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PARTYTIME'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND PARTYTIME'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY PARTYTIME AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 21, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PARTYTIME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 21.)
AI-GENERATED CONTENT NOTICE. The Service uses artificial-intelligence tools to help you and other users generate games and related content. AI output can be unpredictable, may be inaccurate or unexpectedly similar to existing works, and may not be eligible for certain intellectual-property protection. You are responsible for reviewing anything you generate before publishing or playing it. (See Sections 8 and 9.)
Contents
1. Partytime Service Overview
2. No Spam
3. Eligibility
4. Accounts and Registration
5. Licenses
6. Ownership; Proprietary Rights
7. Third-Party Terms
8. User Content
9. Creator Content, Games, and AI-Generated Output
10. Creator Fund
11. Communications
12. Prohibited Conduct
13. Intellectual Property Rights Protection
14. Modification of Terms
15. Term, Termination, and Modification of the Service
16. Indemnity
17. Disclaimers; No Warranties by Partytime
18. Limitation of Liability
19. Governing Law
20. Release
21. Dispute Resolution and Arbitration
22. Miscellaneous
23. Notice Regarding Apple
24. Notice Regarding Google Play
25. Web and Browser Access
1. Partytime Service Overview
The Service is designed to enable users to create, publish, discover, and play games, including games generated with the assistance of Partytime's artificial-intelligence tools, and to interact with other users, including by playing together in multiplayer sessions, uploading content, and voice or video chatting together. The Service is offered through our iOS application, our Android application, and our website at partytime.gg. You acknowledge that Partytime is not in control of any content posted by you or other users of the Service (including without limitation games, chats, images, audio, or other materials). Partytime will not under any circumstances be liable for any such content. You remain solely responsible for any and all information, games, and other content that you choose to create, generate, publish, or share on or through the Service.
2. No Spam
You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). If you believe spam originated from the Service, please email us at feedback@partytime.gg.
3. Eligibility
The Service is available only to users who meet the following age requirements:
Under 13: You may not use the Service or create an account under any circumstances. We do not knowingly collect personal information from children under 13.
13 to 17: You may use the Service only if your parent or legal guardian has reviewed and agrees to these Terms on your behalf and supervises your use of the Service. By using the Service, you represent that you have such consent. Additional requirements apply before you may receive any Creator Fund payment (see Section 10).
18 and over: You may use the Service and agree to these Terms on your own behalf.
By agreeing to these Terms, you represent and warrant to us that: (a) you meet the applicable age requirement above and, if you are under 18, your parent or legal guardian agrees to these Terms on your behalf and will supervise your use of the Service; (b) you have not previously been suspended or removed from the Service; and (c) your registration and use of the Service comply with all applicable laws and regulations. We may, at any time, require verification of your age or of parental or guardian consent, and may suspend or terminate your account if we are unable to verify that you meet these requirements.
4. Accounts and Registration
To access most features of the Service, you must register for an account. When you register, you may be required to provide us with some information about yourself, such as your date of birth, name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account credentials, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at feedback@partytime.gg.
5. Licenses
Limited License. Subject to your complete and ongoing compliance with these Terms, Partytime grants you, solely for your personal, non-commercial use (except as expressly permitted for Creators under these Terms), a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile, desktop, or other downloadable application associated with the Service (whether for iOS, Android, or another platform) obtained from a legitimate marketplace on a device that you own or control; and (b) access and use the Service, including through a web browser. The Service is available through our iOS application, our Android application, and our website, and these Terms govern your use of the Service on all of them.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
Feedback. If you choose to provide input and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Partytime an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights
The Service is owned and operated by Partytime. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), the game engine and runtime, software development kits, artificial-intelligence models, templates, default assets, products, software, services, and all other elements of the Service provided by Partytime (collectively, the "Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of Partytime or its third-party licensors. Except as expressly authorized by Partytime, you may not make use of the Materials. There are no implied licenses in these Terms and Partytime reserves all rights to the Materials not granted expressly in these Terms. For clarity, ownership of Materials is separate from ownership of Creator Content, which is addressed in Sections 8 and 9.
7. Third-Party Terms
Third-Party Services and Linked Websites. Partytime may provide tools through the Service that enable you to export information, including User Content and Creator Content, to third-party services. By using one of these tools, you authorize Partytime to transfer that information to the applicable third-party service. Third-party services are not under Partytime's control, and, to the fullest extent permitted by law, Partytime is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites, which are not under Partytime's control and for which Partytime is not responsible. Please review the terms of use and privacy policy of any third-party services before you share any content with them.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Nothing in these Terms prevents or restricts you from obtaining Third-Party Components under the applicable third-party licenses or limits your use of Third-Party Components under those licenses.
8. User Content
User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings), images, folders, data, text, and any other works of authorship ("User Content"). "User Content" does not include Creator Content governed by Section 9, except where these Terms state that provisions apply to both. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
Limited License Grant to Partytime. By Posting User Content to or via the Service, you grant Partytime a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Partytime's exercise of the license set forth in this Section.
Limited License Grant to Other Users. By Posting User Content to or via the Service and making it available to other users, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
Specific Rules for Photographs and Images. If you Post a photograph or image that includes one or more persons, you grant such persons and their administrators, guardians, heirs, and trustees an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, but not to promote any third-party product, good, or service. This license does not permit the subject of any photo to sell that image, whether standalone or embodied in any product.
You Must Have Rights to the Content You Post. You must not Post User Content if you are not the owner of, or are not fully authorized to grant rights in, all of the elements of that User Content. Partytime disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing it. By providing User Content, you affirm, represent, and warrant to us that:
you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Partytime and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted in this Section;
your User Content, and the Posting or other use of it as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other intellectual-property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause Partytime to violate any law or regulation or require us to obtain any further licenses or pay any royalties, fees, or other amounts to any third party; and
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
User Content Disclaimer. We are under no obligation to edit or control User Content and will not be responsible or liable for it. Partytime may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Partytime with respect to User Content. For clarity, Partytime does not permit infringing activities on the Service.
Monitoring Content. Partytime does not control and has no obligation to monitor User Content, third-party content, or use of the Service, but reserves the right to do so for operational and other purposes. If Partytime chooses to monitor content, it still assumes no responsibility or liability for content or any loss or damage incurred as a result of its use. Partytime may block, filter, mute, remove, or disable access to any User Content without any liability to the user who Posted it or to any other users.
9. Creator Content, Games, and AI-Generated Output
This Section 9 governs games and game-related content. Where it conflicts with Section 8 as to Creator Content, this Section 9 controls.
9.1 Definitions
"Creator" means a user who creates, generates, configures, or publishes a Game on the Service.
"Game" means an interactive experience created, generated, configured, or published through the Service, including its logic, levels, configurations, prompts, parameters, code, art, audio, text, and other elements, whether authored manually, generated with Partytime's AI tools, or both.
"Creator Inputs" means the original text prompts, instructions, assets, code, designs, audio, artwork, and other materials that you supply to the Service.
"AI Output" means content generated for you by Partytime's artificial-intelligence tools in response to your Creator Inputs.
"Creator Content" means, collectively, your Creator Inputs, the AI Output generated for you, and the Games you create or publish, excluding any Partytime Materials and Third-Party Components incorporated into them.
9.2 You Own Your Creator Content
As between you and Partytime, and subject to the rights, licenses, and limitations in these Terms, you own the Creator Content you create through the Service, including your Creator Inputs and the Games you author. To the extent permitted by applicable law, and subject to your compliance with these Terms, Partytime assigns to you whatever ownership rights, if any, Partytime may otherwise hold in the AI Output generated specifically for you in response to your Creator Inputs. Partytime does not claim ownership of your Games. This ownership does not extend to, and you acquire no rights in, the Partytime Materials, the underlying AI models, the game engine and runtime, any default or shared assets provided by Partytime, or any Third-Party Components, all of which remain owned by Partytime or its licensors and are licensed to you only as needed to use the Service.
9.3 Nature and Limits of AI Output
You understand and agree that artificial-intelligence tools generate output probabilistically and that: (a) AI Output may not be unique, and the same or similar output may be generated for other users, who may use it independently; (b) Partytime cannot and does not guarantee that any AI Output is original, non-infringing, or eligible for copyright or other intellectual-property protection; (c) under current law in the United States and certain other jurisdictions, content generated without sufficient human authorship may not be protectable by copyright, and Partytime makes no representation regarding the protectability of any AI Output or Game; and (d) you are solely responsible for reviewing, testing, and evaluating any AI Output and Game before publishing, distributing, or playing it. Partytime makes no representation or warranty that your Creator Content does not infringe the rights of others.
9.4 License You Grant to Partytime
Because hosting, distributing, operating, promoting, and improving a games platform requires broad rights, by creating or Posting Creator Content to or through the Service you grant Partytime a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully paid-up license to host, store, cache, reproduce, adapt, modify (including to format, optimize, port, localize, moderate, and create derivative works for operating and improving the Service), publicly display and perform, communicate to the public, distribute, and otherwise use and exploit your Creator Content, in whole or in part, in any media now known or later developed, in order to: (a) operate, provide, secure, and improve the Service; (b) make your Games and related content available to and playable by other users consistent with the functionality you select; (c) promote, market, and demonstrate the Service and your Games, including in app stores, advertising, and other channels; and (d) develop, train, evaluate, and improve Partytime's tools, models, and features. This license is irrevocable and perpetual solely to the extent and for so long as residual copies persist in routine backups, in the playable Games of other users, and in previously published promotional materials; otherwise it terminates within a commercially reasonable period after you delete the relevant Creator Content or your account, except as set out in Section 9.6.
9.5 License You Grant to Other Users
When you publish a Game or otherwise make Creator Content available to other users, you grant each such user a non-exclusive, royalty-free license to access, play, and otherwise use that Creator Content as enabled by the functionality of the Service and these Terms, for so long as the Creator Content remains available on the Service or in copies retained consistent with these Terms.
9.6 Effect of Removal and Termination
If you remove a Game, or your account is terminated, Partytime will cease making the affected Creator Content publicly available within a commercially reasonable period, except that: (a) Partytime may retain and continue to use Creator Content as required to comply with law, enforce these Terms, resolve disputes, and for fraud prevention and safety; (b) copies may persist in routine backups for a limited period; (c) other users who accessed your Creator Content while available may retain their licensed copies; and (d) Partytime may retain and continue to use anonymized, aggregated, or de-identified data derived from your Creator Content, and any model improvements already made, without restriction. The licenses in Sections 9.4(d) survive to the extent necessary to preserve work already performed.
9.7 Creator Representations and Warranties
You represent, warrant, and covenant that, with respect to all Creator Content you create or Post: (a) you own or have all rights, licenses, consents, and permissions necessary to grant the licenses in this Section 9 and to make the Creator Content available on the Service; (b) your Creator Content, and Partytime's and users' use of it as contemplated by these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual-property, privacy, publicity, or other rights, or any law; (c) your Creator Inputs do not include and you will not prompt the AI tools to reproduce any third party's copyrighted work, trademark, or other protected material that you are not authorized to use; (d) you will not represent that a Game is affiliated with, endorsed by, or sponsored by any third party without authorization; and (e) your Creator Content complies with these Terms, including Sections 12 (Prohibited Conduct) and 13 (Intellectual Property Rights Protection).
9.8 Commercialization; No Obligation
Partytime may, but is not obligated to, offer monetization, distribution, or promotional opportunities for Games, including through the Creator Fund (Section 10). Except as expressly stated in a separate written agreement or in the Creator Fund Terms, you are not entitled to any compensation for Creator Content or for Partytime's exercise of any license granted in these Terms. Partytime has no obligation to host, display, distribute, promote, or continue to make available any Game and may decline, remove, or de-prioritize any Game at its sole discretion.
10. Creator Fund
THE CREATOR FUND IS A DISCRETIONARY, PROMOTIONAL PROGRAM. IT IS NOT EMPLOYMENT, NOT A JOINT VENTURE OR PARTNERSHIP, NOT A REVENUE-SHARING ENTITLEMENT, AND NOT A GUARANTEE OF ANY PAYMENT. PARTYTIME MAY CHANGE, SUSPEND, OR DISCONTINUE THE CREATOR FUND, IN WHOLE OR IN PART, AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
10.1 Overview
The Creator Fund is an optional program under which Partytime may, in its sole discretion, distribute a discretionary pool of funds (the "Fund") among eligible Creators based on a measure of qualifying playtime generated by their eligible Games, calculated as described in program materials Partytime may publish from time to time. Partytime may modify the Fund amount, the calculation methodology, eligibility rules, payout cadence, and any other aspect of the Creator Fund at any time in its sole discretion. Any figures Partytime publishes (including any periodic Fund amount, example payouts, or burn comparisons) are illustrative only, are not promises, and create no entitlement.
10.2 No Entitlement; No Vested Rights
Participation does not create any right to receive any payment of any amount. You acknowledge and agree that: (a) you have no vested, accrued, or contractual right to any portion of the Fund until, and unless, Partytime has both (i) finally confirmed a payout to you on its internal dashboard and (ii) actually initiated that payout through its payment processor; (b) any displayed, estimated, projected, "pending," or "upcoming" balance or payout is provisional, non-binding, and subject to recalculation, correction, adjustment, withholding, or reversal at any time before payment is initiated; and (c) Partytime's calculations and eligibility determinations are final and binding.
10.3 Eligibility
To be considered for a payout in a given period, you must, at the time of Partytime's determination and to Partytime's satisfaction: (a) maintain an account in good standing and in compliance with these Terms; (b) meet any minimum qualifying-playtime threshold Partytime sets for that period (which Partytime may change at any time); (c) have completed all identity verification ("KYC"), tax documentation, and onboarding required by Partytime or its payment processor; and (d) not be subject to any suspension, investigation, hold, or restriction. Eligibility is assessed by Partytime in its sole discretion, and meeting any threshold does not entitle you to any payment.
Creators Under 18. If you are under 18 years of age (or the age of majority in your jurisdiction), you may participate in the Creator Fund only if a parent or legal guardian (a) consents to your participation, (b) completes the payment processor's onboarding and identity verification as the owner of the payout account, and (c) agrees to these Terms and the applicable Creator Fund and payment-processor terms on your behalf. All Creator Fund payments for a Creator under 18 will be made to the payout account owned by that parent or legal guardian, and that adult is responsible for all related tax, banking, and compliance obligations. Partytime relies on its payment processor's requirements to administer payouts to or on behalf of minors and does not itself determine the legal capacity of any user. If the required guardian consent and onboarding are not completed, any accrued balance remains subject to the minimum-payout, accumulation, and forfeiture rules in Section 10.5 and will not be paid.
10.4 Calculation; Qualifying Playtime; Caps and Exclusions
Partytime determines, in its sole discretion, what playtime qualifies and how it is counted, including by applying minimum-session qualification rules, per-session caps (for example, capping a session at a percentile of session length), exclusions (including exclusion of a Creator's own playtime and of sessions Partytime deems invalid), smoothing, and any other adjustments Partytime considers appropriate. Partytime may exclude, discount, or refuse to count any playtime, session, account, or Game that Partytime believes, in its sole discretion, is fraudulent, inflated, automated, incentivized, non-genuine, or otherwise inconsistent with the purpose of the Creator Fund. Partytime's measurement systems and data are the sole and authoritative record for all Creator Fund determinations, and you waive any objection based on your own or third-party measurements.
10.5 Minimum Payout; Accumulation; Forfeiture
Partytime may set a minimum payout amount below which no payout is made in a period; amounts below that minimum may, in Partytime's discretion, accumulate across periods until the minimum is reached, or may be forfeited. Any accumulated, undistributed, unclaimed, or unpaid balance: (a) confers no vested right and earns no interest; (b) may be forfeited if you become ineligible, breach these Terms, fail to complete KYC or tax requirements within any window Partytime sets, fail to maintain a valid payout account, or fail to claim or accept payment; and (c) is forfeited upon termination of your account as described in Section 10.9 and upon discontinuation of the Creator Fund, except where applicable law (including unclaimed-property law) requires otherwise. To the extent any unclaimed amount is subject to applicable unclaimed-property law, Partytime will handle it as required by law.
10.6 Anti-Fraud; Anti-Gaming; Investigation
You will not, and will not attempt to, directly or indirectly inflate, manipulate, or game qualifying playtime or any Creator Fund metric, including through bots, automation, scripts, emulators, click farms, fake or duplicate accounts, coordinated or incentivized play, self-play, collusion, or any artificial, deceptive, or non-genuine activity (collectively, "Prohibited Activity"). Partytime may investigate suspected Prohibited Activity or any other suspected breach and, during any investigation, may withhold, freeze, or delay any payout or balance. If Partytime determines, in its sole discretion, that you engaged in Prohibited Activity or otherwise breached these Terms, Partytime may, without liability and in any combination: disqualify you from the Creator Fund (permanently or temporarily); void, reduce, or forfeit any current or accumulated balance and any pending or projected payout; recover or set off amounts already paid; remove your Games from eligibility; and suspend or terminate your account. Partytime's determination is final.
10.7 Clawback; Overpayment; Set-Off
If Partytime pays you any amount in error, as a result of inaccurate data, Prohibited Activity, fraud, system error, duplicate payment, chargeback, reversal, or any other reason, you agree to promptly repay that amount on demand, and Partytime may recover it by deducting or setting it off against any current or future Creator Fund balance or payout, or by other lawful means. This right survives termination.
10.8 Taxes; Independent Status; Payment Processor
You are solely responsible for determining, reporting, and paying all taxes arising from any Creator Fund payment, and for the accuracy of all tax and identity information you provide. Partytime and its payment processor may collect tax forms and KYC information, may withhold or refuse payment where required or where information is missing or inaccurate, and may report payments to tax and other authorities as required by law. You are not an employee, agent, partner, or joint venturer of Partytime. Payments are processed by a third-party payment processor subject to that processor's own terms; Partytime is not responsible for the acts, omissions, holds, delays, or errors of the payment processor. You are responsible for providing and maintaining accurate payout information, and Partytime is not liable for payments delayed, lost, or misdirected due to inaccurate information you provide.
10.9 Termination; Effect on Balances
Partytime may suspend or terminate your participation in the Creator Fund, or discontinue the Creator Fund entirely, at any time, for any reason or no reason, with or without notice, without liability. Upon termination of your account (by you or by Partytime) or upon your ceasing to be eligible, any undistributed or accumulated balance is forfeited, except to the extent applicable law requires payment of amounts already finally confirmed and payable. Deletion of your account may result in forfeiture of any undistributed balance.
11. Communications
Text Messaging. You agree that Partytime and those acting on our behalf may send you text (SMS) messages at the phone number you provide. These messages may include operational and marketing messages and may be sent using an automatic telephone dialing system. Standard data and message rates may apply. TO OPT OUT OF ALL TEXT MESSAGES, EMAIL feedback@partytime.gg OR UPDATE YOUR SETTINGS, ACKNOWLEDGING THAT OPTING OUT MAY IMPACT YOUR USE OF THE SERVICE. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.
Push Notifications. When you install our app, you agree to receive push notifications. You can turn off notifications in your device settings.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the email.
12. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual-property right, or by creating, generating, or publishing a Game or other content that infringes, misappropriates, or violates such rights;
use, prompt, or direct the AI tools to reproduce, imitate, or create derivative works of any third party's copyrighted work, trademark, trade dress, character, or other protected material that you are not authorized to use, or to produce counterfeit or deceptively similar branding;
access, search, or otherwise use any portion of the Service through any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data-mining tools) other than software or search agents provided by Partytime;
interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use, printing, or copying of any content, or by reverse engineering or attempting to discover the source code of any portion of the Service except as expressly permitted by applicable law;
interfere with the operation of the Service or any user's enjoyment of it, including by uploading malicious code, making unsolicited offers or advertisements, collecting personal information about others without consent, or disrupting any network, equipment, or server connected to the Service;
engage in any Prohibited Activity or otherwise manipulate metrics, rankings, recommendations, or the Creator Fund;
perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation or identity, accessing any other account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under these Terms or any Materials, or any right or ability to view, access, or use any Materials; or
attempt to do any of the foregoing or assist or permit any person in doing so.
13. Intellectual Property Rights Protection
Respect of Third-Party Rights. Partytime respects the intellectual-property rights of others and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service. Partytime operates the reporting and enforcement program described in this Section 13 in addition to its rights elsewhere in these Terms.
13.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to online service providers (17 U.S.C. § 512, as amended). If you have a copyright-related complaint about any material on the Service, you may contact our Designated Agent at:
Super Jampad Inc.
1360 S Valley Vista Dr. Suite 108,
Diamond Bar, California, USA, 91765
Phone: +1 7086807815
Email: services@superjampad.com
13.2 Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Service infringes a copyright you own or control, please promptly send a written "Notification of Claimed Infringement" to the Designated Agent containing:
an electronic or physical signature of the person authorized to act on behalf of the owner of the right being infringed;
a description of the copyrighted work or other intellectual-property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service, in sufficient detail for us to locate it (including, for a Game, its name and URL or identifier);
your address, telephone number, and email address;
a statement that you have a good-faith belief that the use of the materials is not authorized by the owner, its agent, or the law; and
a statement that the information in your notice is accurate and that, under penalty of perjury, you are the owner or authorized to act on the owner's behalf.
Partytime may share your Notification with the user alleged to have infringed and with operators of publicly available databases that track such notifications, and you consent to such disclosures.
13.3 Trademark, Counterfeit, and Other IP Complaints
In addition to copyright, Partytime accepts reports of trademark infringement, counterfeiting, passing off, violation of rights of publicity, and other intellectual-property violations. To submit a non-copyright IP complaint, contact services@superjampad.com with: (a) identification of the right at issue (for trademarks, the mark, registration number and jurisdiction if registered, and the goods/services covered); (b) the specific Game or content and its location on the Service; (c) an explanation of how the content infringes or is likely to cause confusion, including for counterfeit reports the nature of the counterfeit; (d) your contact information and relationship to the right; and (e) a statement, made in good faith and under penalty of perjury where permitted, that the information is accurate and that you are the rights holder or authorized to act on its behalf. Partytime may, in its sole discretion, remove or disable access to content reported under this Section, request additional information, or decline to act on incomplete or unverifiable reports.
13.4 Repeat Infringers; Strike Policy
Partytime's policy is to remove or disable access to material that Partytime believes in good faith is infringing and, in appropriate circumstances, to terminate the accounts of and block access by users who infringe. Partytime maintains a strike-based enforcement system: a user may receive a "strike" for each instance of content that Partytime removes or disables on the basis of a valid infringement report or its own determination of infringement. Accumulation of strikes may result in escalating consequences, including temporary feature restrictions, removal from the Creator Fund, suspension, and permanent termination of the account. Partytime determines in its sole discretion what constitutes a strike, how strikes are weighted, when they expire, and what consequences apply, and may immediately terminate any account for egregious or repeated infringement regardless of strike count. Partytime reserves the right to suspend or terminate accounts in its sole discretion.
13.5 Counter Notification
If you receive notice that material you made available has been removed pursuant to a Notification of Claimed Infringement, you may provide a written "Counter Notification" to the Designated Agent that includes: (a) your physical or electronic signature; (b) identification of the material removed and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which Partytime may be found) and that you will accept service of process from the person who provided the Notification or an agent of that person.
13.6 Reposting Following a Counter Notification
If you submit a valid Counter Notification, Partytime will promptly provide a copy to the person who submitted the original Notification and inform that person that Partytime will replace the removed material or cease disabling access to it in 10 business days, and Partytime will do so not less than 10 nor more than 14 business days following receipt of the Counter Notification, unless the Designated Agent first receives notice that the complaining party has filed an action seeking a court order to restrain the allegedly infringing activity.
13.7 False Reports
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. Partytime reserves the right to seek damages from, and to restrict the reporting privileges of, any party that submits a Notification, Counter Notification, or other IP report in bad faith or in violation of law.
14. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice unless otherwise stated. If a change materially modifies your rights or obligations, we may require that you accept the modified Terms to continue using the Service. If you do not agree to the modified Terms, you should discontinue your use of the Service. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties.
15. Term, Termination, and Modification of the Service
Term. These Terms are effective beginning when you accept them or first download, install, access, or use the Service, and ending when terminated as described below.
Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Partytime may, at its sole discretion, terminate these Terms or your account, or suspend or terminate your access, at any time for any reason or no reason, with or without notice, and without any liability to you. You may terminate your account at any time by contacting feedback@partytime.gg.
Effect of Termination. Upon termination: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Partytime any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5 (Feedback), 6, 8, 9, 10, 13, 15 (Effect of Termination), 16, 17, 18, 19, 20, 21, and 22 will survive. You are solely responsible for retaining copies of any content you Post, since upon termination you may lose access to it. If your account has been terminated for a breach, you are prohibited from creating a new account using a different name, email address, or other form of verification.
Modification of the Service. Partytime reserves the right to modify or discontinue all or any portion of the Service at any time, temporarily or permanently, without notice. Partytime will have no liability for any change to the Service or any suspension or termination of your access. You should retain copies of any content you Post in case the Service is modified such that you lose access to it.
16. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Partytime, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Partytime Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use or misuse of the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual-property, publicity, confidentiality, property, or privacy right, including any such violation arising from your Creator Content, Games, Creator Inputs, or AI Output; (d) any dispute or issue between you and any third party; or (e) your participation in the Creator Fund, including your tax obligations or information you provide. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
17. Disclaimers; No Warranties by Partytime
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING ALL AI OUTPUT, GAMES, AND CREATOR FUND FEATURES, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. PARTYTIME DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PARTYTIME DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF IT, OR ANY MATERIALS OR CONTENT OFFERED THROUGH IT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. PARTYTIME DOES NOT WARRANT THAT ANY AI OUTPUT OR GAME IS ORIGINAL, ACCURATE, NON-INFRINGING, OR PROTECTABLE BY INTELLECTUAL-PROPERTY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PARTYTIME ENTITIES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING USER CONTENT OR CREATOR CONTENT.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PARTYTIME DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT IT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PARTYTIME ENTITIES BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PARTYTIME ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PARTYTIME ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO PARTYTIME FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND (b) US$100. WITHOUT LIMITING THE FOREGOING, THE AGGREGATE LIABILITY OF THE PARTYTIME ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE CREATOR FUND WILL NOT EXCEED THE TOTAL AMOUNT OF CREATOR FUND PAYMENTS PARTYTIME ACTUALLY INITIATED TO YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR US$100, WHICHEVER IS GREATER.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATES THE RISKS BETWEEN THE PARTIES, IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN, AND IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS. THESE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Governing Law
These Terms are governed by the laws of the State of Delaware without regard to conflict-of-law principles. Subject to Section 21 (Dispute Resolution and Arbitration), you and Partytime submit to the personal and exclusive jurisdiction of the state and federal courts located within the City of Wilmington, New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
20. Release
Because Partytime is not involved in, and does not control, interactions between users (including disputes between Creators and players, or between users over Creator Content), you release the Partytime Entities from claims, demands, and damages of every kind arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
21. Dispute Resolution and Arbitration
Generally. In the interest of resolving disputes in the most expedient and cost-effective manner, and except as described in this Section, you and Partytime agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. This agreement to arbitrate includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after termination. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PARTYTIME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable agency if available; (c) seek injunctive relief in a court in aid of arbitration; or (d) file suit in a court of law to address an intellectual-property infringement claim.
Opt-Out. You may opt out of this Section 21 within 30 days after first agreeing to these Terms by sending a letter to Super Jampad Inc., Attention: Legal Department – Arbitration Opt-Out, Diamond Bar, California, USA, 91765, specifying your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration. Once received, this Section 21 will be void and any action will be resolved as set forth in Section 19.
Arbitrator; Rules. Any arbitration will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules as modified by these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written Notice of Arbitration to the other party. Partytime's address is: Super Jampad Inc., Diamond Bar, California, USA, 91765. The Notice must describe the nature and basis of the claim and the specific relief sought. The parties will make good-faith efforts to resolve the claim directly, but if they do not reach agreement within 30 days, either party may commence an arbitration proceeding. All proceedings are confidential unless otherwise agreed in writing.
No Class Actions. YOU AND PARTYTIME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
Enforceability. If the class-action waiver or the entirety of this Section 21 is found unenforceable, or if Partytime receives a valid Opt-Out Notice, then the entirety of this Section 21 will be null and void, and exclusive jurisdiction and venue under Section 19 will govern.
22. Miscellaneous
General Terms. These Terms, including the Privacy Policy and any Additional Terms, are the entire and exclusive understanding and agreement between you and Partytime regarding your use of the Service. You may not assign or transfer these Terms or your rights under them, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under them, including with respect to your User Content and Creator Content, at any time without notice or consent. Our failure to require performance of any provision will not affect our right to require performance at any other time. If any part of these Terms is held invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. "Including" means "including but not limited to." Section headers are for convenience only.
Privacy Policy. Please read the Partytime Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by reference into these Terms.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features (including any Creator Fund program materials and community guidelines) that we may post or link to ("Additional Terms"). All Additional Terms are incorporated by reference into these Terms. In the event of a conflict between these Terms and any Additional Terms regarding the subject matter of the Additional Terms, the Additional Terms control.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications we send electronically satisfy any legal communication requirements, including that they be in writing.
Contact Information. The Service is offered by Super Jampad Inc., Diamond Bar, California, USA, 91765. You may contact us by sending correspondence to that address or by emailing feedback@partytime.gg.
Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210.
No Support. We are under no obligation to provide support for the Service. Where we offer support, it is subject to published policies.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access from countries or by individuals where such access is illegal is prohibited.
23. Notice Regarding Apple
This Section applies only to the extent you access or use our mobile application on an iOS device obtained through the Apple App Store. You acknowledge that these Terms are between you and Partytime only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of it, including product-liability claims, claims that the Service fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property claim relating to the Service. You agree to comply with any applicable third-party terms when using the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you. You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
24. Notice Regarding Google Play
This Section applies only to the extent you access or use our Android application obtained through the Google Play Store. You acknowledge that these Terms are between you and Partytime only, not with Google LLC or its affiliates ("Google"), and that Google is not responsible for the Service or its content. Your use of the Android application must comply with the then-current Google Play Terms of Service and any other applicable Google terms and policies. Google has no obligation to furnish any maintenance or support services with respect to the Service, and is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of it. To the maximum extent permitted by applicable law, Google has no warranty obligation with respect to the Service, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Service to conform to any warranty are solely Partytime's responsibility. You acknowledge that Google is a third-party beneficiary of these Terms with respect to your use of the Android application and is entitled to enforce these Terms against you. You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
25. Web and Browser Access
This Section applies to the extent you access or use the Service through a web browser at partytime.gg rather than through a downloadable application. Web access is provided directly by Partytime and is not subject to the Apple or Google app-store terms described above; however, your use remains subject to all other provisions of these Terms. You are responsible for ensuring that your browser, device, and network meet the technical requirements to use the Service, and Partytime does not warrant that the Service will function with any particular browser, device, or configuration. Features available through the web may differ from those available through the iOS or Android applications.