Terms of Service

IMPORTANT: Section 15 contains a binding individual arbitration agreement and a class-action and jury-trial waiver. Unless you opt out as described in Section 15(f), disputes between you and MyPartyBid will be resolved by individual arbitration, not in court. Section 12 contains a release, and Section 13 limits MyPartyBid's liability.

These Terms of Service are between you and DJS Industries LLC, an Illinois limited liability company ("MyPartyBid," "we," "our," or "us"), and govern your use of the MyPartyBid website and app (the "Services"). By creating an account or using the Services, you agree to these Terms.

1. What MyPartyBid is

MyPartyBid operates an online marketplace that connects customers who need event and party services ("Customers") with independent local businesses and individuals who bid to perform that work ("Vendors"). MyPartyBid is a venue that facilitates job posting, bidding, communication, and payment. MyPartyBid is not an event-services company, does not perform any catering, entertainment, rental, or other event services itself, and is not a party to the agreement formed between a Customer and a Vendor when a bid is accepted.

MyPartyBid does not perform, supervise, direct, or control any work performed by a Vendor, does not employ Vendors, and is not responsible for the quality, timing, legality, safety, or any other aspect of that work, or for the acts or omissions of any user of the Services, online or offline, including property damage, bodily injury, or theft.

2. How the marketplace works

Customers post a description of the job, including relevant details and photographs. Vendors submit bids. A bid is an offer to perform the described work at the stated price; it isn't binding until the Customer accepts it. When a Customer accepts a bid, a direct contract for services forms between that Customer and that Vendor — not between the Customer and MyPartyBid, and not between the Vendor and MyPartyBid. A Vendor may propose a revised price if the actual scope turns out to differ materially from what was posted; any revision has to be agreed to by the Customer through the Services before it takes effect.

3. Who can use MyPartyBid

You must be at least 18 years old and able to form a binding contract under the law of your state to create an account or use the Services. By creating an account, you're representing that you meet this requirement. We may terminate any account we learn doesn't.

4. Vendors are independent businesses

Vendors are independent businesses, not employees, agents, partners, or joint venturers of MyPartyBid. Each Vendor is solely responsible for: holding all licenses, permits, and registrations required to perform the work in the applicable jurisdiction; maintaining insurance appropriate to the work; complying with applicable law, including health, safety, and food-service regulations where relevant; their own employees, subcontractors, and agents and how they're paid and supervised; and the manner, means, and methods of performing a job once accepted.

Document review only. Vendors may upload licenses, certificates of insurance, and other credentials. MyPartyBid reviews uploaded documents only for apparent completeness and expiration dates. We do not verify documents with issuing agencies or insurers, do not determine what licenses or permits a job requires, and do not represent that any license is valid or sufficient or that any insurance policy is in force or will cover a claim. Badges such as "License on file" and "Insurance on file" reflect only that a document was reviewed. Ask your Vendor for a current certificate of insurance before work starts.

No background checks. MyPartyBid does not perform criminal background checks, identity verification, or reference checks on Vendors or their workers, and does not screen anyone for safety. You alone decide whether to hire a Vendor and whether to allow anyone onto your property, and you are responsible for taking reasonable precautions. MyPartyBid does not verify the identity of any person who arrives to perform work.

5. Customer responsibilities

Customers are responsible for giving an accurate description of the job (including photographs, event details, and access instructions), providing safe and reasonable access to the venue for the scheduled work, and paying the accepted bid amount through the Services. Customers are responsible for disclosing any venue restrictions, allergies or dietary needs, unusual access conditions, or special handling needs before a Vendor starts work.

6. Platform abuse & account suspension

The following may result in a warning, suspension, or permanent deactivation of your account:

• Sharing contact or payment information to arrange a job off-platform to avoid MyPartyBid's fees
• Harassing, threatening, or abusive communication toward another user
• Posting fraudulent jobs, fake bids, or manipulating reviews
• Repeated no-shows or failure to complete a confirmed, accepted job
• Attempting to circumvent platform payments or the cancellation and refund process
• Uploading content that infringes someone else's rights or violates the law
• Attempting to gain unauthorized access to the Services or another user's account

7. Fees, payments, cancellations & refunds

• Fees. Posting a job and comparing bids is free. When a Customer accepts a bid, the Customer pays through the Services a deposit (currently 25% of the bid) plus a Customer service fee equal to a percentage of that deposit (currently 3%). Bid prices on the Services are shown including the service fee, and the bid, the deposit, the fee, and the remaining balance are shown as separate lines before the Customer pays. Vendors pay MyPartyBid a commission on the whole accepted bid amount, deducted from the deposit.
• Remaining balance paid directly to the Vendor. The Customer pays the rest of the bid directly to the Vendor, by a method and at a time they agree on (normally when the job is complete). MyPartyBid does not collect, process, hold, or guarantee that payment, is not responsible if it isn't made, and has no role in any dispute about it.
• Limited payment collection agent. Each Vendor appoints MyPartyBid as the Vendor's limited agent solely to accept deposits from Customers on the Vendor's behalf. A Customer's payment to MyPartyBid of the amount shown at checkout fully satisfies the Customer's obligation to pay the Vendor that amount, as if paid directly to the Vendor, whether or not MyPartyBid later remits it to the Vendor. MyPartyBid does not sell, provide, or take title to any work performed by a Vendor.
• Payment timing. Payments are processed by our payment processor, Stripe. MyPartyBid holds the deposit as the Vendor's payment collection agent until the job is complete, then releases it to the Vendor less MyPartyBid's commission on the whole bid (if the commission is more than the deposit, there's no payout). A job is complete when the Customer confirms completion or 48 hours after the Vendor marks it complete, whichever comes first, unless the Customer reports a problem within that window.
• Not escrow. MyPartyBid is not an escrow agent, trustee, insurer, guarantor, or fiduciary for either party. Funds held pending completion are not held in trust or escrow, are not segregated, and earn no interest for either party.
• Cancellations and payment review. Either party may request cancellation of a job that hasn't been completed, and a Customer may report a problem before a job is complete. MyPartyBid may review information from both parties solely to decide how to handle the deposit it holds as the Vendor's payment collection agent — release, partial release, or refund — based on the circumstances, including when the request was made and whether work had already started. That decision is an administrative payment decision, not a finding about the quality of any work or either party's legal rights, and does not limit any claim the Customer and Vendor may have against each other. We don't promise a specific outcome in advance. The same applies where an account is suspended for cause before a job is completed. If a job is cancelled, no remaining balance is owed to the Vendor. After a job is complete, refunds of the deposit are available only through this review or as required by law; amounts paid directly to the Vendor are between the Customer and the Vendor.
• Chargebacks. A dispute or chargeback you file with your card issuer or bank is separate from, and can proceed independently of, MyPartyBid's own review process, and may result in funds being reversed by the card network regardless of any decision we've made or communicated.

8. Monitoring

Chats and job posts are monitored, and contact and off-platform payment information may be automatically detected and hidden in messages, to keep the marketplace fair and help resolve disputes. By using in-app chat, you consent to this monitoring, as described further in our Privacy Policy.

9. Your content

You keep ownership of photographs, messages, reviews, and other content you submit through the Services ("your content"). By submitting it, you grant MyPartyBid a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display it as needed to run the Services — for example, showing job photos to bidding Vendors, or displaying a review you've written. This license ends when your content is removed from the Services, except where it's kept in backups or where we reasonably need it to resolve a dispute, enforce these Terms, or comply with law. You're representing that you have the right to submit whatever you upload and that it doesn't infringe anyone else's rights.

10. Copyright complaints

If you believe content on the Services infringes your copyright, send a notice meeting the requirements of 17 U.S.C. §512(c)(3) to our designated DMCA agent at djsind25@gmail.com (subject line: "Copyright Agent"). We'll respond to properly submitted notices consistent with the DMCA, including by removing or disabling access to material identified in a valid notice and telling the person who posted it.

11. No warranty

The Services are provided "as is" and "as available," without warranties of any kind, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement. MyPartyBid doesn't perform, supervise, or guarantee the quality, safety, legality, or timeliness of any job performed by a Vendor, and doesn't guarantee that any Vendor is properly licensed, insured, or otherwise qualified beyond the limited document review described in Section 4.

12. Release

To the fullest extent permitted by law, you release MyPartyBid and its members, managers, employees, and agents from all claims, demands, and damages of every kind, known and unknown, arising out of or connected with any dispute between you and another user of the Services or any work performed or not performed by a Vendor, including property damage, bodily injury, death, theft, and defective or incomplete work. This release does not apply to MyPartyBid's own gross negligence or willful misconduct.

13. Limits on our liability

To the fullest extent the law allows, MyPartyBid and its members, managers, employees, and agents won't be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of the Services, any job performed by a Vendor, or the acts or omissions of any user of the Services. MyPartyBid's total liability to you for any claim arising from the Services won't exceed the greater of (a) the service fees and commissions you paid MyPartyBid in the 12 months before the claim arose, or (b) $100. To the extent the law allows, any claim against MyPartyBid must be brought within one year after it arises. These limits don't apply where they would be unenforceable under applicable law, including for MyPartyBid's own gross negligence or willful misconduct.

14. Indemnity

You will defend, indemnify, and hold harmless MyPartyBid and its members, managers, employees, and agents from all claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms or violation of law; (b) your content; (c) any dispute between you and another user of the Services; and (d) for Vendors, work you perform or fail to perform — including property damage, bodily injury, death, theft, defective work, and permit, licensing, or other regulatory violations — and any claim by your workers, subcontractors, or any government agency that you or they are employees of MyPartyBid or are owed wages, benefits, taxes, or workers' compensation. MyPartyBid may control the defense of any claim, and you will cooperate. You may not settle a claim that imposes any obligation on MyPartyBid without our written consent.

15. Dispute resolution — binding individual arbitration and class-action waiver

Please read this section carefully. It requires you to arbitrate disputes with MyPartyBid on an individual basis and waives your right to a jury trial and to participate in a class action.

1. Notice first. Before starting an arbitration or a small-claims case, the party with the claim must send a written notice describing the claim and the relief sought (to MyPartyBid at support@mypartybid.com, subject line "Legal Notice"; to you at the email address on your account). The parties will then try in good faith to resolve the claim for 60 days. Limitations periods are paused during that time.
2. Arbitration. Except as stated in (e), any dispute, claim, or controversy between you and MyPartyBid arising out of or relating to these Terms, the Services, any job, any payment, refund, or payout, or your relationship with MyPartyBid — including whether a claim is subject to arbitration — will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for Customers) or Commercial Arbitration Rules (for Vendors), before a single arbitrator. The Federal Arbitration Act governs this Section; if it doesn't apply, the Illinois Uniform Arbitration Act does. For claims of $25,000 or less, MyPartyBid will pay all AAA filing, administrative, and arbitrator fees beyond what you would have paid to file the claim in court, unless the arbitrator finds your claim frivolous. Hearings will take place in the county where you live or by video.
3. Class-action and jury-trial waiver. You and MyPartyBid may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. You and MyPartyBid each waive the right to a jury trial.

The arbitrator may award relief only in favor of the individual party seeking it and only to the extent needed to provide relief warranted by that party's individual claim. If subsection (c) is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court after arbitration of all other claims, and will not be arbitrated.

4. Mass filings. If 25 or more similar demands are filed against MyPartyBid by or with the help of the same or coordinated counsel, they will be administered under the AAA's Mass Arbitration Supplementary Rules in batches of no more than 25, and limitations periods are paused for demands waiting for a batch.
5. Exceptions. Either party may (i) bring an individual claim in small-claims court, and (ii) seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Services.
6. 30-day opt-out. You may opt out of this Section by emailing support@mypartybid.com within 30 days after you first accept these Terms, with your name, the email address on your account, and the statement "I opt out of arbitration." Opting out doesn't affect any other part of these Terms.
7. Changes. If MyPartyBid changes this Section, the change won't apply to any claim already noticed under (a), and you may reject the change by emailing us within 30 days after it takes effect, in which case the version you last accepted continues to apply to you.
8. Disputes between users. This Section governs claims between you and MyPartyBid only. It doesn't govern disputes solely between a Customer and a Vendor.
9. Public injunctive relief. Nothing in this Section waives any right you have under applicable law (including California law) to seek public injunctive relief. Any request for public injunctive relief will be severed, stayed until all individual claims have been arbitrated, and then decided by a court.
10. Arbitration fees. Where California Code of Civil Procedure sections 1281.97–1281.98 or a similar law applies, MyPartyBid will pay the arbitration fees and costs it owes within the time that law requires.

16. Governing law and venue

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles, and by the Federal Arbitration Act as to Section 15, except that if you're a consumer, nothing here takes away the protection of a law of your state of residence that can't be waived by contract. Any claim that is not arbitrated under Section 15 will be brought exclusively in the state or federal courts for the county in Illinois where MyPartyBid's principal office is located, and you consent to personal jurisdiction there.

17. Ending your account

You can stop using the Services and close your account at any time from your Account settings. We may suspend or terminate your account for violating these Terms, for extended inactivity, or as otherwise allowed by law. Sections that by their nature should survive ending your account — including Sections 7 and 9 through 20 — will survive.

18. Electronic communications and signatures

You agree we can give you notices, disclosures, and other communications electronically, including by email or through the Services, and that this satisfies any legal requirement that they be in writing. You agree that checking a box or clicking a button to accept a document in the Services is your electronic signature, with the same effect as a handwritten one.

19. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we'll notify you through the Services or by email and ask you to accept the updated Terms before you continue using the Services. Changes to Section 15 are also subject to Section 15(g).

20. General

If any part of these Terms turns out to be unenforceable, the rest stays in effect. You can't assign your rights or obligations under these Terms without our consent; we can assign them in connection with a merger, acquisition, reorganization, or sale of assets. These Terms, together with our Privacy Policy, are the whole agreement between you and MyPartyBid about the Services.