Birthday Alarm’s Obligations to You.
Birthday Alarm will do the following:
- Supply you with access to a mobile and online service to remind you of friends' and relatives' birthdays and provide a choice of e-cards to send them (the “Service”).
- Answer any questions you have regarding the TOU, the Service and the operation of your account.
What We Ask of Birthday Alarm Users.
We ask our users to agree to the following:
- Read and understand the TOU and let us know if you have any questions.
- Be aged 13 or over.
- Use the Service responsibly.
- Do not allow anyone other than yourself and Birthday Alarm to access your account.
- Use the Service solely for your own benefit and do not sell, lease, assign, lend, hire or gift any part of the Service to any other person without Birthday Alarm's prior written approval.
- Use the Service only for lawful purposes and without infringing the rights of any Member, Birthday Alarm or any third party.
- Comply with all terms of the TOU.
Security and Member Privacy
Please maintain the confidentiality of your password and account. You are responsible for all Member accessible activities that occur under your account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
Birthday Alarm has put in place security measures to protect against the loss, misuse and alteration of the information collected. Our web servers are locked in cages in a highly secure internet data center. A 'firewall' (an internet security device) sits between the Birthday Alarm website and the internet to help prevent any unauthorized user from accessing any data.
Member Account Registration
To register as a Birthday Alarm Member, you agree to:
- Provide us with current, complete and accurate information about yourself (the registration data).
- Maintain and promptly update the registration data to keep it current, complete and accurate.
- To represent only yourself on the Service, and no other persons, living, dead, or imagined.
- If Birthday Alarm has reasonable grounds to believe your information is not current, or is incomplete or inaccurate, we may suspend or terminate your membership. However, we have no obligations to check the accuracy or truthfulness of your registration data.
As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by the TOU. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
- Create a false or misleading identity of, including, but not limited to, a Birthday Alarm employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another member's use and enjoyment of the Service.
- Birthday Alarm has no obligation to monitor the Service or any member's use thereof.
Birthday Alarm's Proprietary Rights
You acknowledge and agree that the Birthday Alarm content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by Birthday Alarm (collectively the "Content") is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
Such Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only in connection with the Service in accordance with the TOU.
Certain of the names, logos, and other materials displayed on the Birthday Alarm web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of Birthday Alarm, Inc. You agree that Birthday Alarm, Inc. retains and owns all right, title and interest in the Content and IP Rights, and that the TOU does not transfer or convey to you any ownership right, title or interest in or to the Content and IP Rights, and that you will not contest or challenge the ownership of the Content and IP Rights. You are authorized to use such Content and IP rights solely for the limited purpose of promoting and using the birthday reminder service hosted by the Service.
Disclaimer of Warranties
The Service is provided on an 'as is' and 'as available' basis and the warranties on the part of Birthday Alarm contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Birthday Alarm, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BIRTHDAY ALARM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
The information and content included in or available through the Service may include inaccuracies or typographical errors.
Changes are periodically added to the information contained with the Service and Birthday Alarm and/or its respective suppliers may make improvements and/or changes in the Service at any time.
No advice or information, whether oral or written, obtained by you from Birthday Alarm or through the Service shall create any warranty not expressly stated in the TOU.
Except as otherwise expressly provided in the TOU, Birthday Alarm does NOT represent or warrant:
- That the Service will meet your requirements.
- That the Service will be uninterrupted or error-free, timely or secure.
- That defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
- That the use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
- That the content of the Service input by other members is correct or accurate.
LIMITATION OF LIABILITY
YOU AGREE THAT BIRTHDAY ALARM SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
- ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT BIRTHDAY ALARM SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER BIRTHDAY ALARM HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
- CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
- ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE;
- DATA GOODWILL;
- PROFITS, OR OTHER INTANGIBLE LOSSES;
ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
- DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
- PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
- SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
- DELAY IN OPERATION OR TRANSMISSION;
- COMPUTER VIRUS;
- COMMUNICATION LINE FAILURE;
- DESTRUCTION OR UNAUTHORIZED ACCESS;
- WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF BIRTHDAY ALARM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
- AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF BIRTHDAY ALARM TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO BIRTHDAY ALARM.
You agree to indemnify, defend and hold harmless Birthday Alarm, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Modification and Termination of the Service
You agree that Birthday Alarm, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Birthday Alarm believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Birthday Alarm may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice.
Modification to the TOU
Birthday Alarm reserves the right to change the TOU or policies regarding the use of the Service at any time.
Birthday Alarm reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Birthday Alarm shall not be liable to you or any third party for any modification to or discontinuance of the Service.
Please report any violations of the TOU to Customer Support via Contact Us.
These TOU constitute the entire agreement between Birthday Alarm and the Member and supersede any previous agreement or understanding between Birthday Alarm and the Member.
These TOU shall be governed in all respects by California law without reference to its conflict or choice of law rules or principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.