Terms of Use
ACCEPTANCE OF TERMS
Birthday.com, Inc. provides information to visitors about birthdays and how to celebrate them. By using Birthday.com (“Website”) in any way, you are agreeing to comply with the Terms of Use. If you object to any term or condition of the Terms of Use, please do not continue to use the Website.
UPDATES TO THE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify, or alter the Terms of Use at any time. Such changes shall become effective immediately upon the posting thereof. You can access the most current version of the Terms of Use from the footer of the Website. Please review the Terms of Use on a regular basis.
CODES OF CONDUCT
Birthday.com values honesty and attempts to monitor the Website for appropriateness and accuracy. You agree not to post any text, files, images, video, audio, or other material or use the Website in any way that:
1. is harmful to anyone in any way.
2. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
3. violates any state, federal, or other law.
4. threatens, harasses, or is libelous.
5. produces software viruses or code harmful to other computers.
6. employs misleading or false information.
Unless you receive explicit permission in writing from Birthday.com, Inc., you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Website. Any business that registers with a listing or purchases advertising or any other service has the right and permission to manage their listing or purchased advertising or other service to their commercial benefit so long as the Codes of Conduct above are not violated.
CHILDREN
We have no minimum age requirement for visitors to Birthday.com. Birthdays are happy times for people of all ages, and we encourage minors to become members.
PRIVACY
Please review our Privacy Policy for details on collection, disclosure, and use of personally identifiable information and privacy matters. Use of this Website is based on your agreement to both the Privacy Policy and Terms of Use.
CONTENT
You understand that all content posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such content originated. Every attempt is made to disallow and remove offensive, indecent, inaccurate, misleading, or otherwise objectionable content on the Website. Please Contact Us to complain about objectionable content on the Website.
User content in the form of articles, comments to articles, testimonials, photos, directory listings, survey answers, content entries, advertisements, personal information entered in the planned Birthday Reminder System, and any other user generated content are not confidential and are entered at your own risk.
By adding content to the Website, you grant, and you represent and warrant, that you have the right to grant to Birthday.com, Inc. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content.
By adding a new listing to the Birthday.com directories and advertising on the website you certify that the information that you provide is accurate and truthful.
Birthday.com, Inc. attempts to provide accurate and appropriate content posted on the Website, but Birthday.com, Inc. does not endorse nor certify any content that is posted on the Website. All information anywhere on the Website including, but not limited to, information provided by Birthday.com, Inc., its partners, members, and general website users is not posted confidentially and is intended as general information.
This website contains links to other Internet websites that may be of interest to you, and are not intended to state or imply that Birthday.com, Inc. sponsors, endorses, are affiliated or associated with or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in said links.
If you find information on the Website that is outdated or you believe to be in error, please Contact Us and we will review that information and make any needed corrections. If the information belongs to you and we can not update it, then you have the right to request that it be removed from the Website. Birthday.com, Inc. also reserves the right in its sole discretion to remove from the Website any information for any reason.
DATA RETRIEVAL
Birthday.com, Inc. allows the crawlers of Internet Search Engines to retrieve the website pages automatically. Birthday.com, Inc. allows advertisers to monitor and track visitors from within their ads. The use of other automated tools, that can impact the performance of the site, to download data from the website is expressly prohibited.
CONSENT TO RECEIVE E-MAILS
By registering with the website, you consent to receive emails from Birthday.com and Birthday.com, Inc. If you do not wish to receive emails, please discontinue your membership. You may Contact Us at any time to be removed from the email list.
COPYRIGHT NOTICE
This Website and its content is copyright of Domain.com, Inc, dba Birthday.com, Inc.. All rights are reserved.
Any distribution or reproduction of part or all of the contents in any form is prohibited other than the following:
1. You may print or download to a local hard disk extracts for your personal and non-commercial use only.
2. You may copy the content to individual third parties for their personal use, but only if you acknowledge Birthday.com as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content; nor may you transmit it or store it in any other website or other form of electronic retrieval system.
LIMITATIONS AND TERMINATION
Birthday.com, Inc., may impose limitations on your use of the Website. Limitations can include full termination of your access to the Website, and you agree that we have the right at any time, in its sole discretion, with or without notice, to modify or discontinue the Website (or any part thereof), to delete or deactivate your account, and immediately remove and discard any content within the Website.
You further agree that Birthday.com, Inc. shall not be liable to you or any third-party for any termination of your access to the Website and for the disruption or loss of business that may result from Birthday.com, Inc. terminating the Website or your service(s) on the Website.
DISCLAIMER OF WARRANTIES
Birthday.com, Inc. and the Birthday.com website and any included services are provided on an “as is” basis, without any warranties of any kind, including without limitation the warranties that it is free of defects, errors, viruses, merchantable and that it is fit for a particular purpose or non-infringing. Your use of the Website is at your own risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
Birthday.com does not assume liability for anything. Under no circumstances shall Birthday.com, Inc. be liable for direct, indirect, incidental, special, or consequential damages, resulting from any aspect of your use of the Website including, but not limited to damages that arise from your inability to use the Website or the service, or the interruption, modification, or termination of the Website or any service or part thereof.
INDEMNITY
You agree to indemnify and hold Birthday.com, Inc., its officers, directors, affiliates, successors, assigns, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you add to the Website, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
JURISDICTION
The Terms of Use shall be governed by the laws of the State of Nevada. You and Birthday.com, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Nevada.
PARTIAL INVALIDITY
Any provision of this Terms of Use which is found to be invalid or unenforceable by any court in any jurisdiction shall not affect the validity of enforceability of the provision in other jurisdictions and shall not affect the validity of enforceability of the remaining provisions. The waiver or failure of Birthday.com, Inc. to exercise in any respect any right provided for in this Terms of Use shall not be deemed a waiver of any further right under this Agreement.
GENERAL
The Terms of Use including the Privacy Policy constitute the entire agreement between you and Birthday.com, Inc. and govern your use of the Website.
You may contact us at:
Birthday.com, Inc.
400 Nevada Way
Boulder City, NV 89005
DomainMaster@Birthday.com
