Birthday-Book.com Terms of Use Agreement


September 25, 2007
Revision 1.2

Birthday-Book.com is a service that allows members to create and maintain personal profiles online in order to remember birthday information of friends, family and associates. The services offered by Birthday-Book.com ("Birthday-Book.com" or "we") include the Birthday-Book.com website (the "Website"), the Birthday-Book.com Reminder messaging service, and any other features, content, or applications offered from time to time by Birthday-Book.com in connection with the Website (collectively, the "Birthday-Book.com Services"). The Birthday-Book.com Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Birthday-Book Services. By using the Birthday-Book Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Birthday-Book.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Birthday-Book Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Birthday-Book Services immediately. If you wish to become a Member, communicate with other Members and make use of the Birthday-Book Services, you must read this Agreement and indicate your acceptance during the sign-up process.

This Agreement includes Birthday-Book.com's policy for acceptable use of the Birthday-Book Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Birthday-Book Services and Birthday-Book.com's Privacy Policy. You may receive a copy of this Agreement by emailing us at: privacy@Birthday-Book.com, Subject: Terms of Use Agreement.

Birthday-Book.com may modify this Agreement from time to time and such modification shall be effective upon posting by Birthday-Book.com on the Website. You agree to be bound to any changes to this Agreement when you use the Birthday-Book Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Birthday-Book.com and that you provide to other Users. If you become aware of misuse of the Birthday-Book Services by any person, please contact Birthday-Book.com or click on the "Contact Us" link at the top of any Birthday-Book.com page.

Birthday-Book.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Birthday-Book Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the Birthday-Book Services is void where prohibited. By using the Birthday-Book Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Birthday-Book Services does not violate any applicable law or regulation.

2. Term. This Agreement shall remain in full force and effect while you use the Birthday-Book Services or are a Member. You may terminate your Membership at any time, for any reason. Birthday-Book.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-13.

3. Fees. The use of the website and the Birthday-Book Services are free, however you acknowledge that Birthday-Book.com reserves the right to charge for these and/or any additional services in the future and to change its fees from time to time in its discretion. If Birthday-Book.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Birthday-Book.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Unauthorized Use by Members. Illegal and/or unauthorized use of the Birthday-Book Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Birthday-Book Services.

6. Activity Prohibited. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Birthday-Book Services. Birthday-Book.com reserves the right to investigate and take appropriate legal action against anyone who, in Birthday-Book.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal or tortuous activity, including fraud, child pornography, trafficking in obscene material, stalking, harassment, spamming, skimming, drug dealing, gambling, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Birthday-Book Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Birthday-Book Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Birthday-Book.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Birthday-Book.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Birthday-Book Services, you acknowledge that you will have caused substantial harm to Birthday-Book.com, but that the amount of such harm would be extremely difficult to ascertain.;
3. any automated use of the system, such as using scripts to add birthdays or send comments or messages;
4. interfering with, disrupting, or creating an undue burden on the Birthday-Book Services or the networks or services connected to the Birthday-Book Services;
5. attempting to impersonate another Member or person;
6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
7. using any information obtained from the Birthday-Book Services in order to harass, abuse, or harm another person;
8. using the Birthday-Book Services in a manner inconsistent with any and all applicable laws and regulations.

7. Member Disputes. You are solely responsible for your interactions with other Birthday-Book.com Members. Birthday-Book.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy. Use of the Birthday-Book Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

9. Disclaimers. Birthday-Book.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Birthday-Book Services, whether caused by Users of the Birthday-Book Services or by any of the equipment or programming associated with or utilized in the Birthday-Book Services. Birthday-Book.com takes no responsibility for third party advertisements which are posted on the Website or through the Birthday-Book Services, nor does it take any responsibility for the goods or services provided by its advertisers. Birthday-Book.com is not responsible for the conduct, whether online or offline, of any User of the Birthday-Book Services. Birthday-Book.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Birthday-Book.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Birthday-Book Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Birthday-Book Services. Under no circumstances shall Birthday-Book.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Birthday-Book Services, or from the conduct of any Users of the Birthday-Book Services, whether online or offline. The Birthday-Book Services are provided "AS-IS" and as available and Birthday-Book.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Birthday-Book.com cannot guarantee and does not promise any specific results from use of the Birthday-Book Services.

10. Limitation on Liability. IN NO EVENT SHALL BIRTHDAY-BOOK.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BIRTHDAY-BOOK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIRTHDAY-BOOK.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BIRTHDAY-BOOK.COM FOR THE BIRTHDAY-BOOK SERVICES DURING THE TERM OF MEMBERSHIP.

11. Disputes. If there is any dispute about or involving the Birthday-Book Services, you agree that the dispute shall be governed by the laws of New Zealand, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts of New Zealand. Either Birthday-Book.com or you may demand that any dispute between Birthday-Book.com and you about or involving the Birthday-Book Services must be settled by arbitration utilizing the dispute resolution procedures of the New Zealand Law Society in Wellington, New Zealand, provided that the foregoing shall not prevent Birthday-Book.com from seeking injunctive relief in a court of competent jurisdiction.

12. Indemnity. You agree to indemnify and hold Birthday-Book.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Birthday-Book Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Birthday-Book Services causes Birthday-Book.com to be liable to another.

13. Other. This Agreement is accepted upon your use of the Website or any of the Birthday-Book Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Birthday-Book.com regarding the use of the Birthday-Book Services. The failure of Birthday-Book.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

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