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Terms of Use

Effective Date: September 30, 2011

These terms of use govern your use of this website; by using this website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use this website.

You must be at least 18 years of age to use this website. By using this website, and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms of use, you consent to The Virtual Birthday Party’s use of cookies in accordance with the terms of The Virtual Birthday Party’s privacy policy.

Host and Guests:
When you register to use the service of this website, you are the “Host.” As a Host, you have the ability to create virtual birthday websites, deactivate sites, submit photos, and manage birthday messages written by your “guests.” All Hosts are responsible to manage the content on your virtual birthday website.

When you are invited by a Host to join The Virtual Birthday Party, you are a “Guest”. Guests have the ability to “sign the birthday card”. Guest do not have the ability to edit or delete the birthday messages they create: essentially only the Host can edit or delete birthday messages once they are posted. It is important for Guests to note that all virtual birthday party guests invited to your specific party are able to read your birthday messages – so take great care in deciding what you want to include in your messages.

The term “users” may be used to refer to a Host, a Guest, or both.

License to use this website:
Unless otherwise stated, The Virtual Birthday Party, Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

You must not:

  • Republish material from this website (including republication on another website;
  • Sell, rent or sub-license material from this website;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
  • Redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities, including without limitation, scraping, data mining, data extraction and data harvesting on or in relation to this website with The Virtual Birthday Party’s express written consent.

Restricted access:
The Virtual Birthday Party reserves the right to restrict access to certain areas of this website, or indeed this entire website, at The Virtual Birthday Party’s discretion.

If The Virtual Birthday Party provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

The Virtual Birthday Party may disable your user ID and password in The Virtual Birthday Party’s sole discretion without notice or explanation.

User Content:
In these Terms of Use, “your user content” means materials, including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.

You grant to The Virtual Birthday Party a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Virtual Birthday Party the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Virtual Birthday Party or a third party in each case under any applicable law.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Virtual Birthday Party reserves the right to edit or remove any material submitted to this website, or stored on The Virtual Birthday Party’s servers, or hosted or published upon this website.

Notwithstanding The Virtual Birthday Party’s rights under these terms of use in relation to user content, The Virtual Birthday Party does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties:
This website is provided “as is” without any representations or warranties, expressed or implied. The Virtual Birthday Party make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, The Virtual Birthday Party does not warrant that:

  • this website will be constantly available, or available at all;
  • or the information on this website is complete, true, accurate or non-misleading.

Limitations of liability:
The Virtual Birthday Party will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss;
  • or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if The Virtual Birthday Party has been expressly advised of the potential loss.

Exceptions:
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Virtual Birthday Party’s liability in respect of any:

  • death or personal injury caused by The Virtual Birthday Party’s negligence;
  • fraud or fraudulent misrepresentation on the part of The Virtual Birthday Party; or matter which it would be illegal or unlawful for The Virtual Birthday Party to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties:
You accept that, as a corporation, The Virtual Birthday Party has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Virtual Birthday Party’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Virtual Birthday Party’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Virtual Birthday Party.

Unenforceable provisions:
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify The Virtual Birthday Party and undertake to keep The Virtual Birthday Party indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Virtual Birthday Party to a third party in settlement of a claim or dispute on the advice of The Virtual Birthday Party’s legal advisers) incurred or suffered by The Virtual Birthday Party arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use
Without prejudice to The Virtual Birthday Party’s other rights under these terms of use, if you breach these terms of use in any way, The Virtual Birthday Party may take such action as The Virtual Birthday Party deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
The Virtual Birthday Party may revise these terms of use from time-to-time. Revised terms of use will apply to the use of this website from the date of the publication of the revised terms of use on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
The Virtual Birthday Party may transfer, sub-contract or otherwise deal with The Virtual Birthday Party’s rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms of use constitute the entire agreement between you and The Virtual Birthday Party in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms of use will be governed by and construed in accordance with governing laws and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of Arizona.

Contact:
If you have any questions about these terms of use or The Virtual Birthday Party’s treatment of your personal information, please write:
By email to: Info@TheVirtualBirthdayParty.com
By post to: The Virtual Birthday Party, 5025 N. Central Ave. #121, Phoenix, AZ 85012