ACCEPTANCE OF TERMS & CONDITIONS
USE OF OUR SERVICE
You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Use of the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, your use of the Services is at your own risk. All visitors to the Site, whether registered or not, are “Users.” If you register with the Site and create an account you become a “Member” or a “Subscriber” and gain access to certain features. Birthday Book LLC grants you permission to use the Services as set forth in this Agreement, provided that:
- You will only use the Services for your sole, personal use and you will not authorize others to use the Services or otherwise transfer your right to use the Services to any other person or entity.
- You will use the Services, including but not limited to the content you post through the Services, in a manner consistent with any and all applicable local, state, national and international laws and regulations.
- You will not provide inaccurate, misleading, incomplete or false information to Birthday Book LLC or to any other User.
- You will not use the Services (or the system provided) to transport to any other User any obscene, profane, defamatory, offensive, threatening, harassing, or illegal materials that offend or violate any other party’s rights.
- You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters or junk email to other Users.
- You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials without the prior consent of the owner of such proprietary rights.
- You will only create one unique profile for the Services provided. You will not include any telephone numbers, street addresses, last names, URLs, multimedia or artworks downloaded from external sources, or email addresses in any content, email, chat message, mobile messages, or any other communication.
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as message and data rates, may still apply and you are solely responsible for those fees. In the event you change or deactivate your mobile telephone number, you will update your account information on Birthday Book LLC within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You agree that Birthday Book LLC has the right to investigate, prosecute you individually and/or terminate your account and cancel your subscription and/or membership if you have violated the terms of this Agreement, misused the Services, or behaved in a way which could be regarded as inappropriate, unlawful, illegal or unsafe.
If you purchase any paid Services that are offered by us, you agree to pay all charges for your use of such Services (please see the “Subscription and Other Paid Services” section below).
You are solely responsible for the content or information that you provide, publish, display or otherwise communicate to Birthday Book LLC or through the Services or to other Users, including but not limited to materials posted on the chat room, through email messages, photos and profiles (your submissions and those of other Users, collectively, are “Content”). You consent and license Birthday Book LLC to use and disclose the Content that you furnish in providing the Services.
Additionally, you grant, and you represent and warrant that you have the right to grant, to Birthday Book LLC, its affiliates, licensees and successors and other non-affiliated third parties an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing in any medium. You further represent and warrant that public posting and use of your Content by Birthday Book LLC will not infringe or violate the rights of any third party.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Birthday Book LLC’s designated Copyright Agent to receive notifications of claimed infringement is: Attn: Copyright, Birthday Book LLC, 12130 Sherman Way, North Hollywood, CA 91605 USA. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
You understand you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Birthday Book LLC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge that Birthday Book LLC will not be liable for any loss or damage arising from your failure to comply with this provision. You agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
CODE OF ETHICS
You agree to adhere to the Birthday Book LLC Code of Ethics and certify that:
- You are at least 14 years old.
- You have never been convicted of a felony or any criminal offense characterized as a sexual offense.
- You will be truthful, accurate and complete in the information presented in your personal profile.
- You will maintain any photos posted to your personal profile to within 2 years of the date taken.
- You will not use any defamatory, abusive, obscene, profane, threatening, harassing or otherwise offensive or illegal material when using the Services or in communications with other Users.
- You will treat all fellow Users with dignity and respect.
- You will notify Birthday Book LLC promptly of any User’s violation of the terms of this Agreement.
REQUEST FOR INFORMATION
You agree to provide to Birthday Book LLC, upon request, complete, accurate and current information confirming eligibility for subscription and/or membership.
Birthday Book LLC RIGHTS
a. Birthday Book LLC’s Content Review; No Duty to Monitor. Although you understand and acknowledge that Birthday Book LLC has no duty to prescreen, control, monitor or edit the content posted by users and is not liable for content that is provided by others, you agree and understand that Birthday Book LLC may, but is not required to, review, edit and delete any content, email, messages, photos or profiles that, in Birthday Book LLC’s sole judgment, violates this Agreement or which may be offensive, illegal, unsafe or that might violate the rights of other users.
b. Proprietary Rights. You acknowledge Birthday Book LLC and/or its licensors own and retain all proprietary rights in the services and the site. The site and the services contain the copyrighted material, trademarks, and other proprietary information of Birthday Book LLC and its licensors. You understand that you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
c. Changes to Services. You understand the services provided by Birthday Book LLC are expected to change from time to time and you agree that Birthday Book LLC has the right to modify, change, suspend or discontinue temporarily or permanently any service offered, the features or any part of any service offered or its system without notice, including changes to access and use procedures. You understand Birthday Book LLC will not be liable to you or any third party for any modification, change, suspension or discontinuance of the services.
d. Blocking IP Addresses. You understand that in order to protect the integrity of the services, Birthday Book LLC reserves the right at any time in its sole discretion to block members or subscribers from certain IP addresses from accessing the services.
e. Informed Consent to Participation in Research. By using the services, you agree to allow Birthday Book LLC to anonymously use the information from you and your experiences through the services to continue Birthday Book LLC’s research.
f. Right to deny service to users. You understand that Birthday Book LLC at its sole discretion reserves the right to block any user from using the services for any reason or no reason.
DISCLAIMER OF WARRANTY
THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Birthday Book LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Birthday Book LLC DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Birthday Book LLC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Birthday Book LLC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Birthday Book LLC DOES NOT:
- GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR
- ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BIRTHDAY BOOK LLC. UNDER NO CIRCUMSTANCES WILL BIRTHDAY BOOK LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Birthday Book LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BIRTHDAY BOOK LLC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL BIRTHDAY BOOK LLC’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT (IF ANY).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIRTHDAY BOOK LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES.
DISPUTES AND INDEMNIFICATION
Disputes. You agree that if there is any dispute about or involving the Services, by using the Services, the dispute will by governed by the laws of the State of California, United States of America.
Indemnity. You agree to indemnify and hold BIRTHDAY BOOK LLC, its subsidiaries, affiliates, officers, managers, agents, and employees harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising of your use of the Services in violation of this Agreement and/or any breach of any provision of this Agreement.
ACCOUNT TERMINATION AND CANCELLATION
This Agreement shall become effective upon your acceptance of the Agreement by your use of the Site or the Services and shall remain in effect in perpetuity unless terminated hereunder. Birthday Book LLC may terminate your account at any time, for any reason or no reason, without explanation. Birthday Book LLC reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Birthday Book LLC by you (if any) shall be nonrefundable and all outstanding or pending payments (if any) shall immediately be due.
SUBSCRIPTION AND OTHER PAID SERVICES
(a) General. Birthday Book LLC bills you for paid services through your chosen payment provider (your “Payment Method”) for use of the Service. You agree to pay Birthday Book LLC all charges at the prices then in effect for any use of the Service by you, and you authorize Birthday Book LLC to charge you through your Payment Method for the Service. You agree to make payment using that selected Payment Method. Birthday Book LLC reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most subscription plans to the Services consist of recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
Birthday Book LLC SUBMITS PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY Birthday Book LLC) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Birthday Book LLC REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION GO TO SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Birthday Book LLC IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE Birthday Book LLC ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Birthday Book LLC MAY CONTINUE CHARGING YOU FOR USE OF THE SERVICES UNDER UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY Birthday Book LLC).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Birthday Book LLC does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your billing account upon demand.
(e) Change in Amount Authorized. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Birthday Book LLC shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Birthday Book LLC may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Settings.
(g) Refund for Subscription and Pre-paid services. If you cancel your subscription, you are NOT eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you have pre-paid for a certain period of service (for example if you paid a lump sum for 6 months of service), you are NOT eligible for a prorated refund of any portion of the pre-paid amount upon cancelation.
(h) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Birthday Book LLC is authorized to charge your Payment Method. Birthday Book LLC may submit those charges for payment and you will be responsible for such charges. This does not waive Birthday Book LLC’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(i) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
You may contact us via mail:
- Birthday Book LLC
- 12130 Sherman Way
- North Hollywood, CA 91605 USA
- Phone: (818) 339-3446
Circular Reference LLC is a California Limited Liability Corporation with offices in North Hollywood, California, USA
Birthday Book LLC is a California Limited Liability Corporation with offices in North Hollywood, California, USA
U.S. Export Controls. Software from this website including software associated with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the website or through the Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba , Iraq , Libya , North Korea , Iran , Syria , or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Advertisers. You acknowledge and agree that your correspondence or business dealings with advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Birthday Book LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such advertisers on the Site.
Links. You understand the Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You understand Birthday Book LLC has no control over such sites and resources, and acknowledge and agree that Birthday Book LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Birthday Book LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. If you have any questions regarding this agreement, click here to contact us.
PERSONS UNDER THE AGE OF 14
Birthday Book LLC does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Site from persons under 14 years of age, and no part of the Site is directed to persons under 14.
INFORMATION COLLECTION AND USE BY Birthday Book LLC
Birthday Book LLC collects User submitted information such as name, Facebook ID, and email. Birthday Book LLC also collects other profile data including but not limited to: personal interests, gender, age, and geographical location. Birthday Book LLC also logs non-personally-identifiable information including IP address, profile information, aggregate User data, cookie information, and browser type, from Users. This data is used to manage the website, prevent click fraud, track usage and improve the Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Users.
- comply with legal process or other legal requirements of any governmental authority;
- protect and defend the rights or property of Birthday Book LLC;
- protect the interests of Users of the Services (other than you) or any other person; or
- operate or conduct maintenance and repair of the Services or equipment as authorized by law.
Users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info, or users can click here to contact us.
IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
In the event that Birthday Book LLC is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
SPECIAL NOTE TO INTERNATIONAL USERS