Terms of service

Last updated: August 12, 2026

OVERVIEW

Welcome to The Modern Party Company! The terms "we", "us" and "our" refer to The Modern Party Company, operated by The Modern Bash Co LLC. The Modern Party Company operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The Modern Party Company is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

Lifestyle photographs, styled product images, and mockups may contain props, furnishings, decorations, or other items that are not included with the purchased product unless expressly stated in the product description.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Many of our products are made to order. Please carefully review product descriptions, dimensions, orientation, design selections, and other product details before placing your order.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. The Modern Party Company reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Modern Party Company confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Because many of our products are made to order and may enter production shortly after purchase, The Modern Party Company may be unable to accommodate cancellation or modification requests after an order is accepted or has entered production.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered through third-party marketplaces or other sales channels. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All processing and delivery times provided through the Services are estimates only and are not guaranteed delivery dates unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing, weather, incorrect or incomplete shipping information provided by the customer, or events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address when placing an order.

If you experience an issue with the delivery of your order, please contact us at themodernpartycompany@gmail.com so that we can review the circumstances and determine what assistance may be available.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, designs, artwork, and the design, selection, and arrangement thereof, are owned by The Modern Party Company, The Modern Bash Co LLC, their affiliates or licensors and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, or transmit any of the material on the Services without our prior written consent.

Purchasing a physical product does not transfer ownership of the underlying artwork, designs, photographs, branding, graphics, or other intellectual property associated with that product.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of The Modern Party Company, The Modern Bash Co LLC, Shopify or any third party.

All rights not expressly granted herein are reserved.

The Modern Party Company names, logos, product and service names, designs, and slogans are trademarks or intellectual property of The Modern Party Company, The Modern Bash Co LLC, or their affiliates or licensors. You must not use such materials without prior written permission.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

Please carefully review the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Modern Party Company is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Modern Party Company.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Modern Party Company, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Modern Party Company.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside in order to provide services to you.

Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party's intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm another person; (e) to transmit false or misleading information; (f) to transmit material that does not comply with these Terms; (g) to transmit unsolicited advertising, spam, chain letters or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits another person's use or enjoyment of the Services or may expose The Modern Party Company, The Modern Bash Co LLC, Shopify or users of the Services to liability.

In addition, you agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm or pretext the Services; use unauthorized robots, spiders, scraping tools, data gathering or extraction tools, AI agents or other automated systems to access the Services; or interfere with or circumvent security or authorization features.

We reserve the right to suspend, disable, or terminate your account or access to the Services if we determine that you have violated these Terms.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

"Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.

No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in accordance with these Terms.

We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

Agents must identify themselves as automated agents where technically required, must not conceal or obfuscate that access or interactions are automated, must not circumvent CAPTCHAs or similar measures intended to distinguish computer use from humans, must respond truthfully to requests seeking to determine whether interactions are coming from a human or computer, and must not circumvent measures intended to block, limit, modify, or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion as permitted by applicable law, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY THE MODERN PARTY COMPANY OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Some jurisdictions limit or do not allow certain warranty disclaimers, so portions of the above disclaimer may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL THE MODERN PARTY COMPANY, THE MODERN BASH CO LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Modern Party Company, The Modern Bash Co LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of applicable law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of an indemnifiable claim. We may control the defense and settlement of such claim, subject to applicable law, and you agree to reasonably cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us governing your use of the Services, superseding prior or contemporaneous agreements, communications and proposals relating to such use.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable United States federal law and the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable consumer protection laws provide otherwise.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of or access to the Services after changes become effective constitutes acceptance of those changes to the extent permitted by applicable law.