This Terms of Use Agreement (the “Agreement”) is a legally binding contract between you (“User”) and Birthday Lover (“Company”) regarding your use of the BirthdayLover.com website (the “Site”) and any related services provided by the Company. By accessing or using the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not agree with these terms and conditions, please do not use the Site.
1. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the federal or state courts located in US, and the parties hereby consent to the personal jurisdiction and venue of such courts.
2. Acceptance of Terms
By accessing the Site, the User acknowledges and agrees to be bound by the terms and conditions of this Agreement. If the User does not agree to these terms and conditions, please refrain from using the Site.
3. Intellectual Property Rights
The content on the Site, including but not limited to text, graphics, logos, images, audio clips, videos, data compilations, software, and the compilation thereof (collectively, the “Content”), is the property of the Company or its licensors and is protected by United States and international copyright laws.
The User is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and its Content solely for personal, non-commercial purposes. This license does not allow the User to sell, rent, lease, distribute, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as expressly permitted by the Company.
4. User Conduct
The User agrees to use the Site and its services only for lawful purposes and in accordance with all applicable laws and regulations. The User shall not:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Attempt to gain unauthorized access to any part of the Site, other User accounts, or any computer systems or networks connected to the Site;
- Use any automatic device, process, or means to access the Site for any purpose without the Company’s prior written permission;
- Use any manual process to monitor or copy any of the Content without the Company’s prior written permission;
- Use any device, software, or routine that interferes with the proper working of the Site; or
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
5. Limitation of Liability
In no event shall the Company or its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of the Site or this Agreement, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if the Company has been advised of the possibility of such damages.
6. Termination
The Company may terminate this Agreement or suspend the User’s access to the Site at any time, with or without cause or notice. Upon termination, the User’s right to access the Site will immediately cease, and the User shall destroy all materials obtained from the Site.
7. Modifications
The Company reserves the right, at its sole discretion, to modify, add, or remove any portion of this Agreement at any time and in any manner. It is the User’s responsibility to periodically review this Agreement for changes. Continued use of the Site following any such changes shall constitute the User’s acceptance of the modified Agreement.
8. Privacy
The User’s use of the Site is subject to the Company’s Privacy Policy, which is incorporated by reference into this Agreement.
9. Entire Agreement
This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between the parties.
10. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
By using the Site, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement.
For any questions or concerns regarding this Agreement, please contact us at; greetingbirds@gmail.com.