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Terms of Use

Last updated: August 31, 2026

Party Rips, Inc.
Effective date: September 30, 2026

These Terms of Use (the “Terms” or this “Agreement”) are a binding contract between you and Party Rips, Inc., a Delaware corporation (“Party Rips,” “we,” “us,” “our”), governing your access to and use of partyrips.com, any Party Rips mobile application, and all services we provide through them (together, the “Service”).

You accept this Agreement by checking the acceptance box at registration, and by creating an account, adding funds, purchasing a Pack, or otherwise using the Service. You represent that you have the legal capacity to enter into it. If you do not agree, do not use the Service.

Our Privacy Policy, Returns & Refunds Policy, and Responsible Purchasing Policy are incorporated into this Agreement by reference. Where a conflict exists between this Agreement and any of those documents, this Agreement controls, except that the Returns & Refunds Policy controls on the specific mechanics of sell-back, Claim Windows, and shipment claims.

PLEASE READ SECTION 20 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. WITH LIMITED EXCEPTIONS, YOU AND WE AGREE TO RESOLVE DISPUTES INDIVIDUALLY IN ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. SECTION 20.9 GIVES YOU 30 DAYS TO OPT OUT.

SECTION 7.3 EXPLAINS THAT WE DO NOT STORE PHYSICAL ITEMS ON YOUR BEHALF. SECTION 13 DESCRIBES CONDUCT THAT WILL RESULT IN FORFEITURE OF YOUR BALANCE AND INVENTORY. SECTION 12 DESCRIBES THE CONSEQUENCES OF FILING A CHARGEBACK.

1. Definitions

1.1 “Account” means your registered user account on the Service.

1.2 “Balance” means the single account balance held in your Account. Your Balance comprises funds you have added and proceeds from selling items in your Inventory back to us, which are not held or tracked separately. Your Balance may be withdrawn subject to Section 8.

1.3 “Claim Window” means the period, currently 24 hours from the time an item is credited to your Inventory, during which you may request shipment of that item. It is set out in the Returns & Refunds Policy.

1.4 “Inventory” means the record in your Account of items you have obtained through a Pack opening or direct purchase. An entry in your Inventory is a contractual entitlement to request shipment of that item within its Claim Window or to sell it back to us. It is not a physical item stored by us on your behalf. See Section 7.3.

1.5 “Item Value” means the value we assign to an item at the time it is credited to your Inventory, as displayed in your Inventory.

1.6 “Pack” means a purchasable digital product that resolves to one or more physical items on opening.

1.7 “Sell-Back” means selling an item in your Inventory back to us in exchange for credit to your Balance, and “Sell-Back Rate” means the fixed percentage of Item Value at which we do so, as set out in the Returns & Refunds Policy.

2. Eligibility

2.1 To use the Service you must be at least 18 years old, have the capacity to form a binding contract, and be physically located in an Eligible Location.

2.2 Eligible Locations. The Service is available in the United States excluding the States of Washington and Nevada. We may change the list of Eligible Locations at any time, including to reflect changes in law. If your location ceases to be an Eligible Location, we will give you a reasonable opportunity to ship any Inventory you hold and withdraw your Balance before restricting your Account.

2.3 You are responsible for knowing and complying with the law that applies to you. You may not use the Service from any location where doing so would be unlawful.

2.4 You represent that you are not subject to sanctions administered by the U.S. Office of Foreign Assets Control, are not named on the Specially Designated Nationals and Blocked Persons List or any comparable restricted party list, and are not located in or a resident of any comprehensively embargoed jurisdiction.

2.5 We may restrict, decline, or discontinue service to any person or location at our discretion. Any offer made through the Service is void where prohibited.

3. Accounts

3.1 One account per person. You may hold and use only one Account, in your own name, for your own benefit, and not on behalf of any other person or entity. Operating more than one Account is a material breach of this Agreement and is grounds for immediate termination of all associated Accounts and forfeiture of all balances and Inventory in them.

3.2 Accurate information. You must provide truthful, accurate, and complete registration information and keep it current. You must use a payment method issued to you. Using a payment method belonging to another person is a breach of this Agreement.

3.3 Identity verification. We may verify your identity, age, and location at any time, before or after Account creation. Verification is carried out by a third-party identity verification provider and requires a government-issued identification document and a photograph or short video of your face, which is compared against that document. Depending on how the verification is performed, information of this kind may constitute biometric information under the law of some states. The verification provider will present you with any notice and obtain any consent required before collecting that information, and its handling of your information is governed by its own terms and privacy policy as well as ours. Our Privacy Policy describes what we receive and how we use it.

3.4 If you do not provide accurate verification information, or we cannot verify it, we may suspend or close your Account. We require successful verification before permitting a shipment or a withdrawal.

3.5 Account security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account, including activity by anyone who gains access to your device. You must notify us immediately of any suspected unauthorized access. Accounts may not be shared, sold, or transferred.

3.6 No property interest in the Account. You have no ownership interest in your Account itself. Your rights in the Account are limited to those granted by this Agreement.

3.7 Closing your Account. You may close your Account at any time by contactingsupport@partyrips.com. Before closing, you are responsible for resolving any Inventory you hold and withdrawing your Balance. Section 15 sets out what happens to any Balance and Inventory remaining at closure.

4. Communications

4.1 By creating an Account you authorize us to contact you electronically, including by email, text message, and in-product notification, to verify information, resolve support issues, provide Account and transaction information, and administer this Agreement.

4.2 Transactional messages are not optional. Purchase confirmations, shipping updates, activity notifications, security alerts, and notices of changes to this Agreement are part of the Service. You may not opt out of them while your Account is open.

4.3 Marketing communications are separate. You may opt out at any time using the unsubscribe link in any marketing email, by replying STOP to a marketing text where offered, or by contacting privacy@partyrips.com.

4.4 You consent to receive all notices, agreements, and disclosures electronically, and agree that electronic delivery satisfies any legal requirement that they be in writing.

5. License and Acceptable Use

5.1 Subject to this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal, non-commercial use.

5.2 You agree that you will not:

  • (a) use the Service for any purpose other than purchasing, holding, selling back, and shipping items as the Service is designed to permit;
  • (b) open or operate more than one Account, or use an Account that is not yours;
  • (c) use a VPN, proxy, emulator, jailbroken or rooted device, location spoofing, or any other means to disguise your location, device, or identity, or to circumvent eligibility restrictions;
  • (d) use any bot, script, scraper, crawler, automated purchasing agent, or other automated means to access or transact on the Service;
  • (e) exploit any bug, error, or unintended behavior of the Service, or fail to report one you become aware of;
  • (f) reverse engineer, decompile, disassemble, or attempt to access the source code, back-end systems, or databases of the Service, or manipulate its software or communications;
  • (g) circumvent or interfere with security features, rate limits, or access restrictions;
  • (h) provide false, inaccurate, or misleading information to us, or impersonate any person;
  • (i) collude with other users, or coordinate accounts, to obtain any advantage;
  • (j) resell, redistribute, or commercially exploit the Service or access to it;
  • (k) harass, threaten, or abuse our staff, agents, or service providers, or other users;
  • (l) copy, scrape, mirror, frame, or systematically extract data or content from the Service;
  • (m) interfere with, disrupt, or place an undue burden on the Service or its infrastructure, or transmit malicious code; or
  • (n) use the Service in violation of any applicable law.

5.3 We may modify, suspend, or discontinue the Service or any part of it at any time, with or without notice, and will not be liable to you for doing so.

6. Packs, Odds, and Reveals

6.1 What you are buying. When you purchase a Pack, you are purchasing the Pack and the reveal it resolves to. You have no right to, or interest in, any particular item unless and until that item is credited to your Inventory.

6.2 Odds and guaranteed value. Where odds and a guaranteed minimum value are stated for a Pack, they are displayed before purchase. Every Pack resolves to at least the stated guaranteed minimum value. There is no zero-value outcome.

6.3 Odds may change. Odds and value distributions are accurate as at the time they are displayed and may change between one Pack and the next, including as available items change. Distribution within a stated range is not necessarily even.

6.4 Packs may be withdrawn. We may modify, suspend, or remove any Pack at any time, including before every item associated with it has been distributed. No item is promised to any user.

6.5 Entertainment interfaces. Animations, wheels, selectors, timers, and similar interface elements are presented for entertainment only and do not influence the outcome of a reveal. The only inputs that affect what you receive are your selection of the Pack, any rarity or tier selection expressly offered, and your confirmation of purchase.

6.6 Purchases are final. A Pack purchase is final and non-refundable at the moment it is confirmed. Once a Pack is opened and the reveal resolves, the purchase cannot be reversed. Dissatisfaction with an outcome is not a basis for a refund, a re-open, or a substitution.

6.7 Failed reveals. If a reveal fails to complete because of a verified technical fault on our side and no item is credited, we will either re-run the Pack opening or restore the purchase amount to your Balance, at our election. That is your sole remedy.

7. Inventory, Sell-Back, and Shipping

7.1 What an Inventory entry is. An item credited to your Inventory is a record of your entitlement to have that item shipped to you within its Claim Window, or to sell it back to us. Full mechanics are set out in the Returns & Refunds Policy, which is incorporated into this Agreement.

7.2 The Claim Window is a shipping deadline. Within the Claim Window you may either request shipment of an item or sell it back to us. When the Claim Window expires, the option to ship that item ends permanently. After that, the only action available for that item is sell-back at the applicable Sell-Back Rate, which you must initiate yourself. We do not sell items back automatically.

7.3 We do not store items for you. We do not vault, warehouse, or hold physical items on your behalf, and an entry in your Inventory does not mean a specific physical item is being kept for you. Items are obtained and dispatched when you request shipment. If you neither ship an item within its Claim Window nor sell it back, the entry remains in your Inventory, contributes nothing to your Balance, and can only be resolved by selling it back.

7.4 Sell-back is final and cannot be reversed.

7.5 Title and risk. Title to and risk of loss in an item pass to you when the item is placed with the common carrier, at which point the sale is complete. Once dispatched, a shipment cannot be cancelled, returned, exchanged, or sold back. This does not displace the claims process in Section 5 of the Returns & Refunds Policy, and our maximum liability for any shipment lost, damaged, or not delivered is the assigned value of the item at the time of shipment.

7.6 Delivery claims. Claims that a shipment arrived damaged, incorrect, or not at all are governed by Section 5 of the Returns & Refunds Policy, including its reporting windows, evidence requirements, and the rule that a shipment indicated as delivered in the carrier’s records is deemed accepted if not disputed within the applicable window. We may require signature confirmation on any shipment, and the carrier’s signature record is conclusive proof of delivery. You must not submit claims for our shipments directly to any carrier.

7.7 False delivery claims. Submitting a claim that a shipment was not received when it was, or otherwise submitting a claim you know to be false, is fraud and a material breach of this Agreement. Section 13 applies, and we may in addition recover any amount credited to you, require signature confirmation on all future shipments to your Account, restrict or decline shipping, and refer the matter to law enforcement.

7.8 Items that become unavailable. If an item in your Inventory cannot be supplied when you request shipment, we may at our election credit your Balance with the Item Value or substitute a comparable item. That is your sole remedy, and you bear the risk of any change in the item’s market value.

7.9 Shipping costs and taxes. You are responsible for shipping charges and any sales or use tax due on a shipment. These are separate from the Pack price and are non-refundable once dispatched.

7.10 Condition. Unless an item is expressly described as graded or authenticated, it is supplied as-is with no representation as to condition beyond any description shown. Where a third party has graded an item, the grade is that third party’s assessment and not ours.

7.11 Item Value is our determination. Item Value is determined by us in our reasonable discretion using our own methodology, which we do not disclose. It may not match any published market price or any price you could obtain elsewhere. Item Value is subject to change and we make no representation that it will remain stable. You are responsible for deciding whether the Sell-Back Rate applied to Item Value is acceptable to you.

8. Your Balance and Withdrawals

8.1 A single Balance. Your Account holds one Balance. Funds you add and proceeds from selling items back to us are credited to the same Balance and are not held or tracked separately. Your Balance may be used to purchase products on the Service or withdrawn under this Section.

8.2 Adding funds. You may add funds using a payment method issued to you. Adding funds is not itself a purchase of goods: once added, funds may be spent on the Service or withdrawn under this Section, but will not be returned by reversal of the original payment except where required by law. We may limit how much you may add over a given period and may decline any funding transaction.

8.3 Purchases reduce your Balance. Amounts spent on Packs or items are deducted from your Balance at the time of purchase and are not recoverable, whatever the outcome of a reveal. Section 6.6 applies.

8.4 Withdrawals. You may request withdrawal of your available Balance, subject to this Section.

8.5 Verification is required before any withdrawal. You must complete identity verification before we will process a withdrawal, even if you have transacted on the Service previously. You have no claim to any Balance or Inventory without completing verification and being eligible for an Account under this Agreement. Verification is carried out as described in Section 3.3, together with any information required by applicable anti-money-laundering rules.

8.6 Withdrawal conditions. Withdrawals are subject to:

  • (a) a minimum withdrawal amount of $20;
  • (b) any maximum we set for a rolling period, which we may vary at our discretion and will publish on the Service;
  • (c) a processing time of up to 10 business days following your request;
  • (d) completion of any review we consider necessary under Section 14; and
  • (e) your Account being in good standing and not subject to suspension or investigation.

8.7 Withdrawal method. Withdrawals are made by standard bank transfer to an account held in your name. Standard transfer is free. We do not currently offer an expedited withdrawal option. Where you have no eligible bank account, contact support@partyrips.com and we may arrange an alternative at our discretion.

8.8 You must withdraw to an account you own. Withdrawing to an account held by another person is a breach of this Agreement.

8.9 Withdrawals are final. Once processed, a withdrawal cannot be reversed by us. You bear the entire risk of entering incorrect bank or payment details, and we have no responsibility for a withdrawal sent to an account you specified incorrectly.

8.10 The Service is not a payment service. The Service exists to sell collectible items. It is not a means of storing, transferring, or transmitting money, and must not be used that way. Adding funds and withdrawing them without genuine purchasing activity, or purchasing and immediately selling back in a pattern whose object is cash-out rather than collecting, is a material breach of this Agreement and Section 14 applies.

8.11 Tax. You are solely responsible for reporting and paying any tax arising from your use of the Service, whether or not you withdraw. Where your withdrawals in a calendar year reach $600, we may require you to provide a completed IRS Form W-9 or other tax documentation before processing further withdrawals, and we may be required to report payments to you and to apply backup withholding.

8.12 Dormant balances. Where an Account is dormant for the period required by applicable unclaimed property law, we will report and remit your remaining Balance to the relevant state authority as that law requires. We may charge a dormancy fee where permitted.

8.13 No cash prize. Nothing on the Service is an offer of a cash prize, a wager, or an opportunity to win money. Amounts credited to your Balance from a sell-back are the settlement of a sale of goods you owned back to us.

9. Promotions and Rewards

9.1 We may offer promotions, free Packs, referral rewards, and similar incentives from time to time. All are subject to this Agreement and to any additional rules published with them, which control in the event of a conflict.

9.2 A free or promotional Pack is subject to this Agreement in the same way as a purchased Pack. Items obtained from one are credited to your Inventory on the same terms and carry the same Claim Window.

9.3 We may modify, suspend, or discontinue any promotion at any time. Where we cancel a promotion, we will honor anything already granted before cancellation takes effect, but nothing further will accrue.

9.4 Abuse of promotions, including through multiple Accounts, referral manipulation, or coordinated activity, is a breach of Section 5.2 and carries the consequences in Section 13.

10. Fees and Taxes

10.1 We will make reasonable efforts to display all applicable fees before you incur them. Fees may change at any time, and changes apply prospectively.

10.2 You are solely responsible for determining and paying any taxes arising from your use of the Service, other than taxes on our net income. Where we are required to collect sales or use tax on a shipment, you must pay it before the shipment is released.

10.3 Tax manipulation is prohibited. You may not use multiple Accounts, artificial transfers, or any other device to misrepresent the value of an item or reduce tax due. We may investigate suspected manipulation and report it to the relevant authorities.

11. Pricing, Listing, and System Errors

11.1 Where a Pack price, item, odds display, guaranteed value, or Item Value is published in error, we may cancel the affected transaction and restore the amount paid to your Balance, whether or not the transaction was confirmed.

11.2 Where a fault, bug, exploit, or manipulation results in items or credit being issued that would not otherwise have been issued, we may void the affected transactions, remove the items or credit, and act under Section 13.

11.3 We may decline or cancel any order, in whole or in part, at any time and at our discretion, including after acceptance. Where we do, we will restore amounts paid for the cancelled portion.

12. Chargebacks and Payment Disputes

12.1 If you believe a charge is incorrect or unauthorized, contact support@partyrips.comfirst. Most disputes resolve faster directly than through a payment provider.

12.2 Initiating a chargeback or payment dispute in respect of a completed purchase, including an opened Pack, is a material breach of this Agreement.

12.3 Where a chargeback is initiated, we may suspend your Account pending resolution; freeze or void Inventory and Balance associated with the disputed transaction; suspend any pending or future withdrawal; recover the disputed amount and any resulting fees from your Balance; and permanently close your Account. We may also decline to serve you in future and provide transaction records to the payment provider, to law enforcement, and to any relevant authority.

12.4 A reversal of charges by your financial institution does not extinguish your liability to us for transactions made through your Account.

13. Prohibited Conduct and Consequences

13.1 Where we determine, acting reasonably, that you have breached this Agreement, including by engaging in fraud, multi-accounting, collusion, promotional abuse, chargeback abuse, false delivery claims, exploitation of a fault, provision of false information, or circumvention of eligibility restrictions, we may:

  • (a) suspend or terminate your Account;
  • (b) ban you from the Service, including through any existing or future Account;
  • (c) void the affected transactions and reverse any benefit obtained;
  • (d) suspend, withhold, or forfeit your Balance and Inventory; and
  • (e) take any other action available to us, including legal action and referral to law enforcement.

13.2 Limits on forfeiture. We will permanently withhold Balance or Inventory only to the extent reasonably necessary to reverse or prevent the benefit of the breach, to comply with a legal or regulatory obligation, or to compensate us or another user for loss directly caused by the breach. Otherwise, we may freeze your Balance while we investigate and will release any remaining lawful amount where we are permitted to do so.

13.3 We may investigate suspected breaches but are not obliged to. We may disclose information about you and your activity where we believe in good faith it is necessary to comply with law, enforce this Agreement, respond to a claim, or protect the rights, property, or safety of Party Rips, our users, or the public.

14. Anti-Money Laundering and Sanctions

14.1 The Service may not be used to launder money, finance terrorism, evade sanctions, or move value between persons. Any use of the Service other than purchasing items for your own collection is prohibited. In particular, the Service may not be used as a means of moving money in and out. Adding funds and withdrawing them without genuine purchasing activity, or purchasing and immediately selling back in a pattern that suggests the objective is cash-out rather than collecting, is a material breach of this Agreement, and Section 13 applies.

14.2 We may request additional information or documentation at any time, including at the request of a competent authority or to satisfy our own compliance obligations, and may pause or cancel transactions, including withdrawals, until it is provided and reviewed.

14.3 We may screen users against sanctions and watchlists, report suspicious activity as required by law, and freeze or close Accounts where necessary to comply with applicable law.

15. Responsible Use, Self-Exclusion, and Termination

15.1 Self-exclusion. You may request that your Account be suspended or that you be excluded from the Service for a fixed or indefinite period. Our Responsible Purchasing Policy sets out the available options and how to use them.

15.2 During an exclusion period you may not add funds or purchase Packs. You retain the ability to ship any Inventory within its Claim Window, to sell back Inventory, and to withdraw your Balance under Section 8.

15.3 Exclusion by us. We may suspend, exclude, or restrict any user at any time and at our discretion, including where we believe a user’s pattern of use is unhealthy. Any such exclusion may be fixed or indefinite, and we are not obliged to reinstate access. We are not obliged to monitor any user’s activity, and exercising this right creates no liability to you.

15.4 Termination. We may suspend your rights to use the Service, terminate this Agreement, or ban you from the Service at any time. On termination, your right to access the Service ends immediately.

15.5 Effect on Balance and Inventory. Where your Account is closed by you or terminated by us other than for a breach under Section 13:

  • (a) you may sell back any Inventory and withdraw your Balance under Section 8 before closure completes, subject to verification and the conditions in that Section;
  • (b) any Balance remaining after closure is held for you and is subject to Section 8.12; and
  • (c) where your Account is closed because you failed verification or were found to be in an ineligible location, we will return verified funds not yet spent, by the original payment method where practicable. Amounts already spent on Packs are not returnable.

15.6 Where termination is for a breach under Section 13, clause 13.1(d) applies instead.

16. Cessation of Operations

16.1 We do not hold physical items on your behalf, so there is no stored inventory to return to you if we cease operating. An Inventory entry is a contractual entitlement, as described in Sections 1.4 and 7.3.

16.2 In the event of our insolvency, bankruptcy, or cessation of operations, we will use reasonable efforts to complete shipments already accepted and in progress, and to give users notice and a reasonable opportunity to sell back Inventory and withdraw their Balances before operations end.

16.3 Your Balance and any Inventory entitlement are unsecured claims against us. They are not held in trust, are not segregated, and are not insured.

17. User Content, Feedback, and Intellectual Property

17.1 Your content. You are solely responsible for any content you submit. You grant us a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, and display it for the purpose of operating and improving the Service. We may remove any content at any time and are not obliged to store or back up your content.

17.2 Feedback. Any feedback or suggestion you give us is non-confidential. You assign to us all rights in it, and we may use it for any purpose without attribution or compensation.

17.3 Our intellectual property. The Service, and all software, designs, text, graphics, images, data, names, logos, and trademarks in it, are owned by us or our licensors. Nothing in this Agreement transfers any right in them to you. All rights not expressly granted are reserved.

18. Third-Party Services

18.1 The Service depends on third-party services, including payment processing, identity verification, hosting, and shipping. Your use of those services is subject to their own terms, and violating them is a breach of this Agreement.

18.2 We are not responsible for the availability, accuracy, or conduct of any third-party service, and links to third-party sites are provided for convenience only and are not endorsements.

18.3 We may add, change, or remove third-party providers at any time.

19. Disclaimers, Limitation of Liability, Release, and Indemnity

19.1 Disclaimers. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT ON IT IS ACCURATE, COMPLETE, OR CURRENT.

19.2 No advice; no investment. We are not your broker, agent, or adviser, and we owe you no fiduciary duty. We do not give investment, tax, or legal advice. Collectible values fluctuate and may fall. Nothing on the Service is an offer of an investment or a representation that any item will hold or increase in value.

19.3 Your equipment and connection. You are responsible for your own device, software, and internet connection. Loss or disruption caused by their failure does not entitle you to a refund or any other remedy.

19.4 Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

19.5 OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

19.6 Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, gross negligence, or death or personal injury caused by our negligence. Some jurisdictions do not permit certain exclusions or limitations, in which case they apply only to the extent permitted.

19.7 Indemnity. You agree to indemnify and hold harmless Party Rips and its affiliates, and their officers, directors, employees, agents, and contractors, from any claim, loss, liability, penalty, or expense, including reasonable legal fees, arising from or relating to your use or misuse of the Service, your breach of this Agreement, your violation of any law, or your violation of the rights of any third party. We may assume exclusive control of the defense of any matter subject to indemnification, at your expense, and you will cooperate. You will not settle any matter without our written consent.

20. Dispute Resolution and Arbitration

Read this Section carefully. It requires most disputes to be resolved by individual arbitration, waives your right to a jury trial, and waives your right to participate in a class action. Section 20.9 gives you 30 days to opt out.

20.1 Informal resolution first. Before starting arbitration or a court proceeding, you and we agree to try to resolve the dispute informally for 60 days. To start, send a written Notice of Dispute to legal@partyrips.com, stating your name and contact details, the nature and basis of the dispute, the specific relief sought including any amount claimed, and any supporting documents. We will send any Notice of Dispute to you at the email address on your Account. Both parties will negotiate in good faith during that period, which runs from the date the Notice is sent.

20.2 Arbitration agreement. Except as stated below, any dispute, claim, or controversy between you and us arising out of or relating to the Service, this Agreement, or our relationship, including questions of the interpretation or application of this Section, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its then-current Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules.

20.3 The Federal Arbitration Act governs the interpretation and enforcement of this Section and any question of whether a dispute is arbitrable. The arbitration will be conducted by a single arbitrator who will apply Delaware substantive law, follow applicable limitation periods, honor claims of privilege, and issue a reasoned written award. The award may be entered in any court of competent jurisdiction.

20.4 For claims of $25,000 or less, you may elect for the arbitration to be conducted in the county where you reside, in Wilmington, Delaware, entirely by telephone or videoconference, or on written submissions only. We will pay all arbitration fees other than your filing fee, and will pay a greater share where the law requires. Each party bears its own legal fees unless the arbitrator finds a claim or defense frivolous or brought for an improper purpose, or unless the law requires otherwise.

20.5 If the AAA is unwilling or unable to administer the arbitration, JAMS will administer it under its applicable consumer rules. If neither is available, the parties will agree on an alternative forum or a court will appoint an arbitrator.

20.6 Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY INDIVIDUALLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL.

20.7 Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, scope, or validity of this Section, except that a court will decide (i) any challenge to the enforceability of the class action waiver in Section 20.6, and (ii) any claim that no arbitration agreement was formed, or any challenge directed specifically at this delegation provision. Any such matter will be decided on an individual basis only and will have no preclusive effect as to any other claimant. If this delegation provision is unenforceable in whole or part, it is severed and the remainder of this Section survives.

20.8 Coordinated claims. If 25 or more arbitration demands presenting common questions of law or fact are filed against us by the same counsel or counsel acting in coordination, those claims will be administered under the AAA Mass Arbitration Supplementary Rules, and the parties consent to appointment of a Process Arbitrator for administrative and procedural matters. The parties will select up to ten claims to proceed first as bellwether arbitrations, five chosen by claimants’ counsel and five by us, each heard individually by a separate arbitrator. Each bellwether award binds only the claimant whose claim was heard and has no preclusive or precedential effect on any other claim. Within 30 days of the final bellwether award the parties will attend a single mediation in good faith to resolve the remaining claims, and the bellwether results may be used only to inform that mediation. Any claim not resolved then proceeds to its own individual arbitration under Section 20.2. Limitation periods are tolled for each coordinated claim from the date its demand is filed until it proceeds individually or is otherwise resolved. If any part of this Section 20.8 is unenforceable it is severed and each coordinated claim proceeds individually under Section 20.2.

20.9 30-day opt-out. You may opt out of Sections 20.2 through 20.8 by emailing legal@partyrips.com within 30 days of first accepting this Agreement, stating your name, the email address on your Account, and an unequivocal statement that you are opting out of arbitration. Opting out does not affect any other part of this Agreement and does not affect your right to use the Service.

20.10 Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property rights or to prevent unauthorized access to the Service. Nothing here prevents you from bringing a matter to a government or regulatory body with jurisdiction. Section 20.1 applies before any small claims filing.

20.11 Changes. If we make a material change to this Section while you are a user, you may reject it by written notice to legal@partyrips.com within 30 days of the change, in which case the version in effect immediately before the change applies to you. Rejection does not terminate your Account.

20.12 Confidentiality and survival. The arbitration, the award, and materials submitted in it are confidential, except as needed to conduct the arbitration, to seek or enforce relief in court, or as required by law or regulator. This Section survives termination of this Agreement.

21. Governing Law and Venue

21.1 This Agreement and any dispute arising from it are governed by the laws of the State of Delaware, without regard to conflict of law rules, except that the Federal Arbitration Act governs Section 20.

21.2 Any dispute not subject to arbitration, or found ineligible for arbitration, will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and each party consents to the personal jurisdiction and venue of those courts.

21.3 Nothing in this Section limits any right you have under the mandatory consumer protection law of your state of residence that cannot lawfully be waived.

22. Changes to This Agreement

22.1 We may modify this Agreement at any time. Changes take effect when the updated version is posted, and the effective date at the top of this page will be updated.

22.2 Where changes are material, we will provide additional notice, such as by email or in-product notice, before they take effect.

22.3 Your continued use of the Service after changes take effect constitutes acceptance. If you do not accept a change, you must stop using the Service.

23. General

23.1 Entire agreement. This Agreement, together with the Privacy Policy, Returns & Refunds Policy, and Responsible Purchasing Policy, is the entire agreement between you and us regarding the Service and supersedes all prior versions and understandings.

23.2 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder will continue in effect.

23.3 No waiver. Our failure to enforce any provision is not a waiver of it.

23.4 Assignment. You may not assign or transfer this Agreement or your rights under it. We may assign it, including to an affiliate or a successor in a merger, acquisition, or sale of assets.

23.5 No agency. Nothing here creates an employment, partnership, joint venture, or agency relationship between you and us.

23.6 Force majeure. We are excused from performance to the extent prevented by events beyond our reasonable control, including acts of God, fire, flood, epidemic, war, terrorism, civil unrest, labor dispute, government action, carrier failure, and failure of telecommunications or infrastructure.

23.7 Third-party beneficiaries. This Agreement is for the benefit of you and us only and confers no rights on any other person.

23.8 Headings. Section headings are for convenience and have no legal effect. “Including” means “including without limitation.”

23.9 Survival. Sections that by their nature should survive termination do so, including Sections 12, 13, 16, 17, 19, 20, and 21.

23.10 Record of acceptance. We retain a record of your acceptance of this Agreement, including the version accepted and the date and time of acceptance. That record is evidence of the agreement between us.

24. Contact

Party Rips, Inc.
ATTN: Legal
11 E. 1st St. PH21
New York, NY 10003

Legal notices: legal@partyrips.com
Support: support@partyrips.com
Privacy: privacy@partyrips.com