Birthday Alarm will do the following:
We ask our users to agree to the following:
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.
To register as a Birthday Alarm Member, you agree to:
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:
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.
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:
YOU AGREE THAT BIRTHDAY ALARM SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
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.
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.
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.