Privacy Policy

Houseparty Privacy Policy

Last Updated: April 10, 2020

The Houseparty Privacy Policy is designed to help you understand the information we collect and the different ways we may use or share it.

This policy applies to your use of Houseparty. By “Houseparty,” we mean the Houseparty website, browser extension, mobile app, and any other of our products and services that directly link to this policy.

And who are we? We’re Life on Air, Inc., a subsidiary of Epic Games. To learn more about privacy at Houseparty, please keep reading below! If you’d like to read more about privacy at Epic Games, be sure to check out the Epic Games Privacy Policy here.

What Information We Collect

You probably wonder what information we collect. This often depends on the exact nature of our relationship with you and how you choose to use Houseparty, but we’ve described the most common examples below. We have broken these descriptions down into categories to make them clearer:

We collect account information. We collect information relating to your account. For example, we collect basic registration details like name, email address, birthday, and username and password when you create a Houseparty account. You may be able to share other account-related information with us too, like if you choose to provide a profile photo or telephone number. We collect some information about your friends when you invite or refer them to Houseparty or import your contacts.

We collect usage information. We collect information about your interactions with and on Houseparty. For example, we collect information about how long you chat with your friends. If you purchase items, we collect information about what you purchase.

Houseparty uses this info to make the product better for you so you can focus on being present with your friends. We want to do the heavy lifting, utilizing tech to improve the experience.

We collect certain information when you link third party accounts or apps to Houseparty. If you link social media accounts to Houseparty, we collect certain social media account information. If you link your contacts we collect information about your friends, like their phone numbers and addresses.

We collect location information. For example, we may collect your zip code and state. Based on your IP address, we also derive location information.

We collect feedback information. We collect information that you give us when you complete a survey or participate in a contest or promotion. This includes when you write a review or make a suggestion.

We collect device information. We collect information about the browser or device you are using. We may look at what site you came from, or what site you visit when you leave us. We may also collect device identifiers. For example, this might include your operating system and hardware model. This may also include your mobile carrier.

Why We Collect Information

Now that you know what we collect, we want to tell you why and what we do with that information. Below we explain how we use information:

We use some information to communicate with you. We use information to respond to your questions, including questions about our services or your relationship with us, and to communicate with you about this policy or our Terms. We may also contact you about your feedback.

We just want to be able to be responsive to you, and occasionally reach out to hear how it’s going on Houseparty, and make sure you have updates on what’s going on with us!

We use some information so you can participate in Houseparty and to enhance your experience. We use information to process your registration and to empower you to use certain features. With your permission where required by law, for example, we use information to suggest other users with whom you may want to connect. We also use information so you can invite new people to join Houseparty and to provide or suggest specific features.

We help you find friends and make connections. For example, we might suggest a connection to you based on your friends on who could be a good addition to the party.

We use some information to improve our products. We use information to make Houseparty better, for example by saving certain preferences you choose, tracking events in Houseparty, and recording other performance data. We use this information to customize your experience, analyze product trends, and to develop and improve our products.

We use some information for marketing purposes. We use your information to share updates about new products and special offers, including promotions, surveys, and contests, through email, on our app, or on social media platforms. We might also use this information to tell you about products and offers, new features, or updates. These might be our own offers or products or select third-party offers or products we think you might find interesting.

We use information to protect our company and users. We use information to protect our company and users, for example to identify fraud and secure, protect accounts, and protect Houseparty. This includes looking into potentially prohibited or illegal activity.

We may also use push notifications in our mobile apps. We may send you push notifications about updates and other information we think you will find interesting, for example to let you know when a friend is online.

Our basis for processing European information. Our basis for processing your information is typically to perform a contract, including responding to your requests. Where this applies, if you choose not to provide information, we may be unable to perform the contract or respond to your request. We also process information based on consent or for our legitimate purposes.

We also use information as otherwise permitted by law.

How We Collect Information

Like many other companies, there are different ways that we collect information, which we’ve outlined below:

We collect information directly from you. You might provide us information in several ways. For example, we collect information when you create an account, contact us, or participate in a survey.

We collect information passively. We use tracking tools to collect information from you passively. These tools include things like browser cookies and web beacons. We use these on our sites and in emails that we send to you. We collect this information about users over time when you download and use our app.

The information we gather helps us give you the best experience on Houseparty.

We get information about you from third parties. Social media platforms and third-party apps may give us information about you. We may also collect information about you from other users. This might include your name, phone number, or email address if they invite or refer you to our app or if they have linked their contacts to their Houseparty account.

What social platforms are we talking about? We might get information, for example, from Snapchat or Facebook if you choose to link your Houseparty account with these third-party platforms. Information they share with us includes certain details from your profile.

We combine information. Houseparty is an integrated social media platform, which means we may combine information that we have collected across devices, such as computers and mobile devices. We may also combine information we get from a third party with information we already have and combine information that we have collected from other third-party sites.

When We Share Information

Houseparty is part of the digital community, and as part of our business there are times that we share information with third parties. You can find out more about that here:

Sharing on Houseparty. Houseparty is designed to let you join video chats with not only your connections but also the connections of others. If someone who is not your direct connection joins your video chat session you will get a notice. Your public profile is available to both your connections and their connections. Other users may also be able to view your name, username, and top Connections (i.e., who you speak to most often). Connections can see when you were online last and a list of some of your other Connections, and receive a notice when you go online and are “in the house.”

Houseparty exists to help you connect with the people you care about most.When you connect with your friends, they can see some of the profile information you’ve created on Houseparty. Want to change things up? Read about modifying your controls in the “your choices” section below.

We share information with our vendors. We may share information with trusted third parties, including companies who serve as our vendors and help us deliver our services and social media partners if you elect to use social media integration features. We may also share some information with companies that help operate our app or run a promotion.

What can we say? We can’t do it alone. Sometimes we have to work with other companies to help us deliver a great Houseparty experience. We are owned by Epic Games, this means that we might rely on them to help us out.

We will share information if we think we have to in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena or if a U.S. or non-U.S. law enforcement agency, government agency, or investigatory body requests it. We may also share information we collect when we investigate potential fraud, abuse, or other similar violations of Houseparty rules and codes of conduct.

We may share information with any successor to all or part of our business. If all or part of our business is sold, we’re part of a merger or acquisition, or there is a financing or bankruptcy, we may share information as part of that transaction.

We may also share information for other reasons we may describe to you or as permitted under law.

Your Choices

You have certain choices about how we use your information. Those are described here:

You can opt out of certain marketing. To stop receiving our promotional emails or communications follow the instructions in any promotional message you get from us. If you opt out of getting marketing messages, you will continue to receive messages from us about your relationship with us where permitted by law.

You can control certain aspects of your interactions with others on Houseparty. Houseparty is meant to offer a fun way for people to interact with other people in ways similar to how you might in-person. Any Connection of a participant in a video chat session may join an unlocked chat session, with or without an invite from you and whether or not you know him or her. However, your settings do give you certain controls over your video conversations, chats, and Facemails.

We believe in respecting social norms. If one of your friends’ friends is about to join your Houseparty chat, you’ll receive a notice that they are joining. If you don’t want friends of friends joining your party, you can “lock” the conversation. Anyone in the room can unlock the group session to allow more people to join, just like at a real house party. You can learn more about this in our Party Guidelines in the app. You can also choose “Private Mode” to have your rooms always locked by default.

You can control certain notifications about being online. If you don’t want your friends to know that you’ve launched the app, then you can “Sneak into the House.” This is a one-time selection. You can also select online notification preferences for yourself and friends in your notification settings. When you launch the app, you’re starting a party and others may be able to immediately join you unless you “lock” the room.

You can control cookies and tracking tools. Your browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.

Our Do Not Track Policy: You may change your browser settings or take other steps to block, manage, or delete cookies. Not all of our websites and online services currently respond to browser “do not track” signals, so you will need to use your browser settings to effectively manage cookies. In some cases, blocking or disabling cookies may cause Houseparty not to work as intended and some features may not be available.

You can control certain settings on your mobile device. For example, you can turn off the location services or push notifications on your phone. To modify the push notifications you get from us, you can change your preferences in Houseparty settings. You also can modify app level permissions, such as location collection, through your device settings. The Digital Advertising Alliance also offers a tool for opting out of the collection of cross-app data on a mobile device for interest-based advertising. To exercise choice for companies participating in this tool, download the AppChoices app here. Choices you make are both browser and device specific.

You May Have Certain Additional Rights

In some places laws grant residents certain additional rights. We have described those rights in the relevant sections here:

Read on to learn more about different rights we offer depending on your location. A lot of these rights have to do with your ability to ask us for more information. You can reach us using the contact information listed in the “contact us” section below.

European Residents. If you are an EEA, Swiss, or UK resident, you may have the right to access your information, the right to correct your information, the right to request deletion of your personal information, the right to request restricted processing of your personal information, the right to a portable copy of the personal information you have provided, and the right to object to processing of your personal information, such as for direct marketing. For more information about exercising these rights, send an email to data-requests@lifeonair.com. EEA and UK residents also have the right to lodge a complaint with a data protection authority if they have concerns about our handling of personal information.

California Residents. If you are a California resident and are not a job applicant, our employee, or employee of another company interacting with us in your job, you have the right to ask us what personal information we have collected and shared about you, the right to request deletion of your personal information, and the right not to be discriminated against for exercising any of these rights. For more information about exercising these rights, send an email to data-requests@lifeonair.com.

Sale of information. We only use the personal information we collect to help provide, support, and improve Houseparty as described in this policy, and we do not “sell” this information to third parties as that term is defined by applicable laws.

Children’s Privacy

Houseparty is intended to be appropriate for general audiences and is not directed to children under the age of 13. We do not intentionally collect personal information from children under 13, and if we learn that we have unintentionally collected any such information, we will promptly take steps to delete it and terminate the child’s account. If you are under the age of 13, please do not use Houseparty or share your personal information with us. If you are the parent of a child under 13 and believe they may have provided us with personal information, you may alert us at hello@houseparty.com.

How We Protect Information

We maintain appropriate administrative, technical, and physical safeguards to protect your personal information from accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use and other unlawful forms of processing. You should keep your user credentials and password confidential and secure so that your information is protected.

We work hard to protect your data, but the Internet is not 100% secure. We encourage you to use caution online. This includes not sharing or reusing your passwords and not accepting friend requests from strangers.

Transfers of Information

Houseparty is based in the United States, which means the information we collect may be processed and stored within the United States. If you live outside of the United States and choose to use Houseparty, you understand that your information may be processed outside your country of residence, including in other jurisdictions (like the United States) that may have different data protection frameworks than your region. We keep personal information as long as it is necessary or relevant for the practices described in this policy and as otherwise required by law.

Information we transfer from Europe to the United States is subject to appropriate safeguards under applicable law.

Third-Party Sites

We may link to third-party sites or apps. Houseparty may also include third-party content that collects information. We do not control these third parties. This policy does not apply to the privacy practices of these third-party websites or apps. Please read the privacy policies of other websites carefully. We are not responsible for the practices of these third-party sites or apps.

How To Contact Us

To learn more about our privacy practices or this policy, please contact us at data-requests@lifeonair.com or at Life on Air, Inc., Attn: Legal, 566 Brannan Street, San Francisco, CA 94107, USA.

Updates

Things change. The world evolves. Here at Houseparty, we want to keep current with the times. This might mean that our practices will change. We will notify you of any material changes to our policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

Houseparty Terms of Service

Last Updated: June 11, 2018

These Terms of Service (“Terms”) are between you and Life On Air, Inc. (“Life On Air”). These Terms govern your access to and use of our Houseparty services, including our Houseparty mobile applications (“Apps”), our websites, including the website located at http://houseparty.com (collectively, the “Services”).

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12 (“DISPUTE RESOLUTION”), AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12, YOU AGREE THAT DISPUTES BETWEEN YOU AND LIFE ON AIR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Basic Terms

Eligibility

You may use the Services only if you can form a binding contract with Life On Air and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Agreement to Terms

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. The Services that Life On Air provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Life On Air may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Registration

If you want to use certain features of the Services you’ll have to create an account and become a registered user (“User”). It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. We reserve the right to force forfeiture of any username for any reason.

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Life On Air cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You’re responsible for all activities that occur under your account, whether or not you know about them.

Advertisements

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Life On Air on the Services are subject to change. In consideration for Life On Air granting you access to and use of the Services, you agree that Life On Air and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

2. Privacy

Any information that you provide to Life On Air is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Life On Air.

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

3. Using the Services

The Services enable you to participate in group video chats with and send messages to other Users. When you use the App, you will be able to join a video chat with a User with whom you are connected on the Services (each a “Connection”). You can add Connections by inviting them to connect on the Services.

Once you are in a video chat, your Connections and any other participants’ Connections are able to join the same video chat session. If you wish to limit your video chat to your direct Connections, you can lock your video chat session. If you do not lock your video chat session, a friend of someone with whom you are video chatting may join that current video chat session, with or without an invite from you and whether or not you know him or her. However, if a User that isn’t your Connection is about to join a video chat session you are in, you’ll receive a notice that such a participant is joining the session. The Services may also suggest that you invite a Connection that you and one or more participants in a video chat session have in common to join a video chat session.

Contacts

If you choose to import your personal contacts from your mobile device we will access your personal contacts in order to identify Users that you may know that are using the Services and to provide other Users with suggestions for potential Connections based on mutual contacts.

Invitations

We may offer you the opportunity to invite your Connections or other contacts to join your group video chats or otherwise enjoy the Services. If you choose to invite one or more of your Connections or contacts using text messaging (SMS) or another communications app we may suggest content for the message (which you may be able to edit in certain instances). You may send invitations via the messaging functionality on your device or through text messages generated by the Services. If you choose to send such invitations, you represent to Life On Air that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.

4. Content On the Services

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide or import to be made available through the Services. Content includes, without limitation, User Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Life On Air be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Rights in the Services and Content

Ownership

Life On Air does not claim any ownership rights in any User Content. You retain your rights to any User Content you submit, post or display on or through the Services. Subject to your ownership of your User Content, all right, title, and interest in and to the Services and Content are and will remain the exclusive property of Life On Air and its licensors (including other Users). The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Life On Air reserves all rights not expressly granted in these Terms.

Rights in Content Granted by You

In order to make the Services available to you and other Users, Life On Air needs a license from you. By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). Notwithstanding the foregoing and any other provision in these Terms, the content of your video chat sessions will only be used by us for the purpose of providing you the Services and for no other purpose.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other Users with whom you participate in a group video chat. You should only provide User Content that you are comfortable sharing with others under these Terms. Life On Air will not be responsible or liable for any use of your User Content by Life On Air in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Life On Air on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Rights in Content Granted by Life On Air

Subject to your compliance with these Terms, Life On Air grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other Users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Feedback

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Life On Air, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Life On Air Rights

Rights in App Granted by Life On Air

Subject to your compliance with these Terms, Life On Air grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Life On Air reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple App Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:

7. Restrictions On Content And Use Of The Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate Users or reclaim usernames without liability to you.

You may NOT post Content that:

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Life On Air, its Users and the public. Life On Air does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services:

8. DMCA/Copyright Policy

Life On Air respects copyright law and expects its Users to do the same. It is Life On Air’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Life On Air’s Copyright Policy, for further information.

9. Ending These Terms

The Terms will continue to apply until terminated by either you or Life On Air as follows. You may end your legal agreement with Life On Air at any time for any reason by deactivating your account and discontinuing your use of the Services. In order to deactivate your account, please contact us hello@houseparty.com.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 10, 11, 12 and 13.

Nothing in this section shall affect Life On Air’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 1.

10. Indemnity

You will indemnify and hold harmless Life On Air and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

11. Disclaimers And Limitations Of Liability

Please read this section carefully since it limits the liability of Life On Air and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Life On Air Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, LIFE ON AIR ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Life On Air Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Life On Air Entities or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Life On Air Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIFE ON AIR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LIFE ON AIR ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LIFE ON AIR, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LIFE ON AIR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Life On Air agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court (a “Small Claims Action”) and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Life On Air with an Arbitration Opt-out Notice (as defined below in the Section titled “Your Choices”), you acknowledge and agree that you and Life On Air are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Life On Air otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Life On Air otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Life On Air submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Life On Air will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Life On Air will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “General Terms” section below regarding changes to these Terms, if Life On Air changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@houseparty.com within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Life On Air’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Life On Air in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Your Choices

If you don’t want to settle Disputes by arbitration as described above, you will notify Life On Air by sending us written notice (including by email to hello@houseparty.com telling us that you don’t want to use arbitration, within thirty (30) days of the date on which you agreed to these Terms (such notice, an “Arbitration Opt-out Notice”), and consequently you agree that all Disputes will be resolved exclusively by a court located in San Francisco, California. If you don’t provide Life On Air with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except for a Small Claims Action and an IP Protection Action as set forth above.

13. General Terms

The failure of Life On Air to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Life On Air’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Life On Air. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Life On Air’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Life On Air may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Life On Air under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. These Terms and our Privacy Policy are the entire and exclusive agreement between Life On Air and you regarding the Services (excluding any services for which you have a separate agreement with Life On Air that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Life On Air and you regarding the Services and Content.

We may revise these Terms from time to time; the most current version will always be at https://houseparty.com/privacy/. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 9 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Life On Air. If you have any questions about these Terms, please contact us at:

hello@houseparty.com