Terms of Service

Last updated as of January 1, 2024

Please read these Terms of Service before using the Service.  These Terms of Service are between you and PMD, LLC (including and referred to herein as “Puppet Party”, “us” “our” or “we”).  This agreement sets forth certain terms and conditions of the legal contract between you and PMD, LLC with respect to your use of the Service.

PMD LLC’s Service, the “Service” allows users to create, select, upload, and download variations of audio/sound, images, puppets, text, and other digital components to create videos that can be downloaded, viewed, and shared.

By using the Service, you agree to these Terms of Service.  These Terms of Service include Arbitration Terms and a Class Action Waiver.  

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR SEPARATE PRIVACY POLICY OR OTHER POLICIES, GUIDELINES, OR INSTRUCTIONS POSTED ON THE SERVICE, DO NOT USE THE SERVICE.

The Service is offered by PMD, LLC.  The Service includes all Puppet Party and Puppet Party mobile applications, the puppetpartyapp.com website, Puppet Party products, features, applications, services, technologies, and software that we provide in support of the Service.  The Service is offered to you conditioned on your acceptance of these Terms as well as the Privacy Policy and Other Policies, Guidelines, or Instructions posted on the Service (the Policies). Your use of the Service constitutes your agreement with our Terms and Policies. Please read these Terms and our other Policies carefully and keep a copy of them for your reference.   We reserve the right to alter our Terms and Policies at any time.  

Unless specifically noted within the Service, the puppets, other characters, and voices on the Service are fictitious and any resemblance to real persons or other entities, dead or alive, past, or present is purely coincidental.

Privacy 

Your use of the Service is subject to our Privacy Policy. Please review our Privacy Policy which also governs the Service and informs users of our data collection and data use practices.   You must agree to the Privacy Policy to use the Service.

Electronic Communications 

Using the Service, sending emails or other digital communications or files to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, digital channels or otherwise through the Service, satisfy any legal requirement that such communications be in writing. 

Plan Types/Terms/Fees/Auto Renewals/Refunds

Service plan types and terms are posted in store listings and/or on the Service platform.  The plan types, terms, names, and any applicable pricing may change from time to time.  

You understand that unless you have subscribed to a plan type that specifically entitles you to resell rights, you may not resell any videos you have created through the Service. 

You agree to pay any applicable, then-current fee for the plan type you have selected.  Fees will be charged to you through the payment option you provided.  Fees charged for one account plan may not be credited towards other accounts or plans.  All currency references are in U.S. dollars.  

We may utilize third party payment services like Stripe, PayPal or others.  All payments processed through these third parties are subject to the third party’s Terms and we will not be responsible for anything contained therein.  You are responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your use of the Service.  If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable, and we reserve the right to collect or withhold such taxes or fees from you at any time.

For all paid account plans, payment occurs on a pre-pay basis.  

If you choose a subscription-based account that may be offered from time to time, subscription payments will be automatically renewed for the next term, at the end of the then-current term.  The amount you are to pay will depend upon which account plan you have chosen.  If you choose to cancel a subscription-based account, you should do so prior to the next billing term.  If you elect to not purchase an additional term, your account will be deleted and you will no longer have access to it.  

As a part of the Service, there may be additional features and services that are offered from time to time at additional costs.  You will be able to optionally purchase these features or services and you will be billed each time you choose to do so.

You may cancel the Service at any time.  Cancellations will not be eligible for a refund.  Our refund policy may change from time to time, at our sole discretion.

If your payment method is invalid for any reason your account will be deactivated.

Your Account 

You must have an account to create content on the Service.  You are responsible for ensuring your current email address is contained in your account profile.  We may use your email address for important account communications.  You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, mobile phone or other devices that access the Service. Sharing your account username and password with one or more users is not allowed and is considered a violation of these Terms and will result in immediate termination of your account with no future access to any content saved.  You agree to accept sole responsibility for all activities that occur under your account or password.  You are solely responsible for your conduct and any data, text, information, screen names, username, graphics, photos, profiles, audio, video clips, links that you submit, post, display or otherwise use as a part of the Service.  You may not sell, assign, or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. 

We, and our associates, affiliates, and third-party providers reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.   We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. You understand that you use the Service at your own risk.  We may, but are not obligated to, refuse to process and/or remove content or other information that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

Children Under The Age Of Seventeen (17) 

You must be seventeen (17) years or older to create an account on the Service.  We do not knowingly allow the creation of user accounts, or collect, either online or offline, personal information from or by persons under the age of seventeen (17). 

Service Change, Service Cancellation

We reserve the right to modify or terminate the Service or a part of the Service for any reason, with or without notice, at any time.

Links to Third Party Sites/Third Party Services 

The Service may contain links to other sites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. 

Certain services made available via the Service may be delivered by third party sites and organizations. By establishing an account on the Service, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the Service or the users of the Service. 

Storyblocks Third Party Media

The Service includes videos and images from third party media company “Storyblocks”.  Your use of the Service shall be subject to Storyblocks’ applicable terms which can be found here:  https://www.storyblocks.com/terms-of-service

No Unlawful or Prohibited Use/Intellectual Property/Proprietary Rights In Content

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms of use. As a condition of your use of the Service, you warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by these Terms or governing law. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You are solely responsible for your conduct, content and submissions to the Service.  You should not use the Service to abuse, harass, threaten, impersonate, bully or intimidate others.  

We do not claim ownership of the materials and content you record, post, upload, input or submit to the Service or our associated services (collectively "Submissions"). However, by recording, posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies, contracted third parties and necessary sublicensees a non-exclusive, fully paid and royalty-free worldwide, limited license and permission to use your Submission in connection with the operation of the Service including, without limitation, the rights to: save, copy, process, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to share and publish your name in connection with your Submission.   No compensation will be paid to you with respect to the use of your Submission, as provided herein. We are under no obligation to create, process, save, post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.  By recording, posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  You agree to pay for all royalties, fees, and any other monies owing any person or entity, directly to such person or entity, relating to your Submissions to or through the Service.  You also agree you will not delete or alter any attribution notices included in our created videos.

All of our content included as part of the Service, such as video, audio, text, graphics, logos, images, physical and digital props as well as the compilation thereof, and any software used by the Service, is the property of PMD, LLC or its suppliers and protected by copyright, patent, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of our content, in whole or in part, found in the Service. The Service and content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any of our protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content generated by us. 

Unless content is created using a Puppet Party account subscription, you will use created content solely for your personal use and will make no other use of the content without our express written permission and the applicable copyright owner(s) permission. You agree that you do not acquire any ownership rights in PMD, LLC, the Service, or any protected content such as trademarks or patents. We do not grant you any licenses, express or implied, to the intellectual property of PMD, LLC, the Service, or our licensors except as expressly authorized by these Terms. 

Sharing Your Created Content Outside The Service 

You agree when creating and/or sharing your content you will only create, post and/or share material that is legal. 

By way of example, and not as a limitation, you agree that when using the Service to create content, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.  You will not create, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Services; violate any code of conduct or other guidelines which may be applicable to the Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

We have no obligation to monitor content created by the Service. However, we reserve the right to review materials created by the Service and to refuse to process and/or remove any content in our sole discretion. We reserve the right to terminate your access to part or all of the Services at any time without notice for any reason whatsoever. 

Always use caution when giving out any personal identifying information about yourself or others in any content you create. WE do not control or endorse content, messages or information created by users of the Service and, therefore, we specifically disclaim any and all liability with regard to the Service and any actions resulting from your use of the Service. 

Information Disclosure

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to process, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. 

Advertising

You understand that we may include advertisements for us and/or third parties as a part of the Service.  The manner, mode, and extent of advertising is at our sole discretion and may change from time to time.  Our branding, attribution and other advertisements that may be embedded into or added to video, audio, or other content that is created by you using the Service shall not be removed.

Third Party Accounts 

You may, from time to time, be able to connect your account to third party accounts. By connecting your account to any other third-party account(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

Void Where Prohibited

The Service is offered within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Service in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. Any offer for any feature, product or service made by us is void where prohibited.

Although the Service may be accessible outside of the United States, not all features, products or services discussed, referenced, provided, or offered may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.

Governing Law, Jurisdiction, Dispute Resolution

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in St. Louis County, Missouri, and waive any objection to such jurisdiction or venue. Any claim must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than for any Service fees paid by you up to a maximum of the prior six months from when the cause of action arose.  The prevailing party shall be entitled to recover legal costs and attorneys’ fees.  In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed sixty (60) days), then either party may submit such controversy or dispute to arbitration. 

Arbitration and Waiver of Jury Trial

In the event the parties are not able to resolve any dispute between them arising out of or concerning the Service, these Terms and Conditions, other Policies or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a St. Louis, Missouri location mutually agreed upon by the parties, except that should you in any manner infringe upon or violate or threaten to infringe upon or violate our patent, copyright, trademark or trade secret rights, we may seek injunctive or other appropriate relief, including financial damages which shall not be limited, through the appropriate court system.  The arbitrator's award shall not exceed your fees paid up to a maximum of the prior six months from when the cause of action arose, be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns the Service, these Terms and Conditions or other Policies or Guidelines the prevailing party shall be entitled to recover its reasonable costs and attorney's fees. The parties agree to arbitrate all disputes and claims with regard to the Service, these Terms and Conditions, other Policies, Guidelines or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.   

Class Action Waiver 

Any arbitration or legal action under these Terms and Conditions or relating to the Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. 

Indemnification 

You agree to indemnify, defend and hold harmless PMD, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Service, any user recordings, videos, postings or other content made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. 

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PMD LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. 

PMD LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED VIDEOS, AUDIO, GRAPHICS OR OTHER CONTENT CONTAINED AS A PART OF THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, VIDEOS, AUDIO, RELATED GRAPHICS OR OTHER CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PMD LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED VIDEOS, AUDIO, GRAPHICS OR OTHER CONTENT INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PMD, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, RECORDINGS, DATA, CONTENT OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, VIDEOS, AUDIO, RELATED GRAPHICS OR OTHER CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PMD, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. 

Termination/Access Restriction/Backups

We reserve the right, in our sole discretion, to terminate or limit your access to the Service and any related services or any portion thereof at any time, with or without notice.  We may experience times when the Service is temporarily interrupted due to administrative, technical, network or other issues.  We are not obligated to store or save your content or submissions.  It is your responsibility to save your content or submissions using other means, besides the Service.  The Service does not provide guaranteed backups/storage.  Content you delete may persist in our systems and backup copies for some period of time.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PMD, LLC as a result of this agreement or use of the Service. 

Assignment

We shall have the right to assign the Service, these Terms and/or its obligations in whole or in part to any person or business entity.  You may not assign your rights or delegate your obligations under these Terms without the prior written consent of PMD, LLC.

Copyright & Trademark Notice

Product names, logos, designs, titles, words or phrases used as a part of the Service, including the name Puppet Party, Puppet Party Mobile are owned by PMD, LLC. The Service may have Patent Protection and/or be in a Patent Pending state from time to time.

Entire Agreement

Our performance under this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between you, the user, and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English. 

Changes to Terms 

We reserve the right, in our sole discretion, to change the terms under which the Service is offered. The most current version of the terms will supersede all previous versions. We encourage you to periodically review the terms to stay informed of our updates. 

Notices/Contact Us 

We welcome your questions or comments regarding the Terms.  You may contact us and send notices to:

PMD Enterprises, LLC 

11740 San Vicente Boulevard Ste 109 #212

Los Angeles, CA 90049 

Email Address: 

events@puppetpartyapp.com