Effective Date: September 30, 2011
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
Law and jurisdiction
By email to: Info@TheVirtualBirthdayParty.com
By post to: The Virtual Birthday Party, 24 W. Camelback Road, #A121, Phoenix, AZ 85013.