Terms and Conditions
At Birthdays Together our Terms and Conditions govern our relationship with users and others who interact with us. By using or accessing the Birthdays Together website you agree to this Terms and Conditions, as updated from time to time.
Birthdays Together takes your privacy is very seriously hence our Data Policy is designed to make important disclosures about how you can use Birthdays Together to share with others and how we collect and can use your content and information. Please read the Data Policy and use it to help you make informed decisions about how you relate with Birthdays Together.
- Sharing Your Content and Information
You own all of the content and information you post on Birthdays Together, and you can control how it is shared through your privacy settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Birthdays Together (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people outside of Birthdays Together, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Birthdays Together, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Birthdays Together safe, but we cannot guarantee it. We need your help to keep Birthdays Together safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Birthdays Together.
- You will not collect users' content or information, or otherwise access Birthdays Together, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Birthdays Together.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Birthdays Together to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Birthdays Together, such as a denial of service attack or interference with page rendering or other Birthdays Together functionality.
- You will not facilitate or encourage any violations of this Terms and Conditions.
- Registration and Account Security
Birthdays Together users provide their real names and information and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Birthdays Together, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Birthdays Together if you are under 14 years old.
- You will not use Birthdays Together if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights and expect you to do the same.
- You will not post content or take any action on Birthdays Together that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Birthdays Together if we believe that it violates this Terms and Conditions.
- You will not infringe on someone else’s intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Birthdays Together.
- You will not tag users or send email invitations to non-users without their consent.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Terms and Conditions, we may provide notice on the Site Governance Page.
- Your continued use of the Birthdays Together Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Terms and Conditions or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Birthdays Together to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Terms and Conditions shall terminate.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms and Conditions or Birthdays Together exclusively in the England Courts and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of England will govern this Terms and Conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Birthdays Together, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Birthdays Together and are not responsible for the content or information users transmit or share on Birthdays Together. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Birthdays Together. We are not responsible for the conduct, whether online or offline, of any user of Birthdays Together.
- WE TRY TO KEEP BIRTHDAYS TOGETHER UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BIRTHDAYS TOGETHER AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BIRTHDAYS TOGETHER WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT BIRTHDAYS TOGETHER WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. BIRTHDAYS TOGETHER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND CONDITIONS OR BIRTHDAYS TOGETHER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- The Terms and Conditions is an agreement between you and Birthdays Together. References to “us,” “we,” and “our” mean Birthdays Together.
- This Terms and Conditions makes up the entire agreement between the parties regarding Birthdays Together, and supersedes any prior agreements.
- If any portion of this Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Terms and Conditions, it will not be considered a waiver.
- Any amendment to or waiver of this Terms and Conditions must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Terms and Conditions to anyone else without our consent.
- All of our rights and obligations under this Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Terms and Conditions shall prevent us from complying with the law.
- This Terms and Conditions does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Birthdays Together.