B. Birthday Parade may, at its sole discretion, revise or modify these terms of service at any time, and by visiting and/or using the website you agree to be bound by such modifications or revisions.
C. These Terms of Service apply to all users of Birthday Parade, including users who contribute content, information, photos and other materials on Birthday Parade.
D. Birthday Parade contains links to third party websites that are not controlled or owned by Birthday Parade. Birthday Parade has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Birthday Parade is not responsible, will not and cannot censor or edit the content of any third-party site. By using Birthday Parade, you expressly relieve Birthday Parade from any and all liability arising from your use of any third-party website.
E. Birthday Parade recommends that you to be aware when you leave Birthday Parade and visit third party websites to to read the terms, conditions and privacy policies of those websites.
2. Restrictions and Permissions for General Use of Birthday Parade Birthday Parade grants you permission to access and use Birthday Parade as set forth in these Terms of Service, provided that:
A. Copyright: You agree not to distribute any part of Birthday Parade in any medium, including but not limited to content, photos, writing, excerpts, graphics, scripts, text, software, interactive features, including user submitted content, trademarks, logos, watermarks and service marks. Excerpts of any kind are not allowed without Birthday Parade's prior written authorization. The content on Birthday Parade without limitation is owned by Birthday Parade and is subject to copyright and other intellectual property rights under the law. Except in regards to user submissions which are under an exclusive, royalty-free, irrevocable, transferable, perpetual license to publicly display my submission on this Web site only. Ownership remains with the submitter but license has been granted to exclusively have this content appear on Birthday Parade. Content on Birthday Parade is offered AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Birthday Parade reserves all rights not expressly granted in and to the Website and the Content.
B. You agree not to access content, user writing submissions, user photo submissions, and all other aspect of Birthday Parade through any technology or means other than the Website itself, including the use of frames. Any authorization for access must be authorized prior to use in writing by Birthday Parade. You agree not to alter or modify any part of the Websites.
C. Birthday Parade grants operators and owners of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indexes of the materials found within. Permission is not granted for the creation of caches, archives or framed viewing of content on Birthday Parade by search engines or other website owners and web business entities.
D. During your use of Birthday Parade, you agree to comply with the conditions and terms of these Terms of Service, and additonally all applicable local, national, and international laws and regulations.
Birthday Parade reserves the right to delete or discontinue any aspect of the website at any time. Birthday Parade will not be held liable for any discontinuation of services or programs.
3 User Submissions
A. Birthday Parade will not be held responsible for content contained within user submissions on this site. All content is As Is and user discretion is advised. You may access Birthday Parade and its User Submissions for your information and personal use. User submissions, content, writing, photos and other aspects not expressly mentioned here are are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of Birthday Parade or otherwise as prohibited under this Agreement. You may access Birthday Parade Content, User Submissions and other content only as permitted under this Agreement. Birthday Parade reserves all rights not expressly granted in and to Birthday Parade content and service.
B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through Birthday Parade for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of Birthday Parade or features that prevent or restrict use or copying of any Content or enforce limitations on use of Birthday Parade or the Content therein. You understand that when using Birthday Parade, you may be exposed to User Submissions from a variety of sources, and that Birthday Parade is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Birthday Parade with respect thereto, and agree to indemnify and hold Birthday Parade, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.4. Submitted Content and Conduct of Submitters
A. As a Birthday Parade account holder you have used an electronic signature check box to agree to these terms: The submission to this site must be original (not copied), in good taste, legal, accurate and true, non-defamatory, non-threatening, non-confidential, non-infringing of copyrights owned by others and relevant for this site. Please do not enter HTML (it will be converted to text) or ALL CAPS (they will be converted to lower case). Posts should be non-commercial/non-promotional in nature and not contain commercial web addresses, e-mail addresses or phone numbers. birthdayparade.com reserves the right to reject or edit or delete any parts that violate the above, including the right to ban offenders from submitting again. I certify that I have the right to submit the text and photo I am submitting. My submission signifies agreement to the above and that I agree to grant an exclusive, royalty-free, irrevocable, transferable, perpetual license to publicly display my submission on this Web site only. I also grant birthdayparade.com the right to pursue anyone who copies my submission.
B.Birthday Parade account holders may submit picture content ("User Pictures") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Birthday Parade does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Birthday Parade to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Birthday Parade, you hereby grant Birthday Parade a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Birthday Parade and its successors, future owners, affiliates including without limitation for promoting and redistributing part or all of the Birthday Parade Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Birthday Parade a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you to Birthday Parade are perpetual and irrevocable.
C. You grant Birthday Parade the right to alter user submitted content as they see fit. This can include altering typographical errors, run-on sentences and the like as well as rewriting portions or all portions of the submitted content, adding a psuedonym user name, city and state if none was provided, adding photographs, links, third-party affiliate links, and any other addition deemed by Birthday Parade to the page where the user content submission appears.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Birthday Parade all of the license rights granted herein. Birthday Parade does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Birthday Parade expressly disclaims any and all liability in connection with User Submissions. Birthday Parade does not endorse or permit copyright infringing activities and infringement of intellectual property rights on its Website, and Birthday Parade will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Birthday Parade also reserves the right to remove Content and User Submissions without prior notice or reject user content before it has been displayed for any reasons.
5. Account Termination Policy
A. Birthday Parade will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. Birthday Parade reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Birthday Parade may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Birthday Parade is under no obligation, legal or otherwise to publish submitted content.
6. Digital Millennium Copyright ActA. If you are a copyright owner or an agent thereof and believe that any User Submission or other 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 Parade's designated Copyright Agent to receive notifications of claimed infringement is: zen_stone at yahoo dot com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to birthday parade contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Birthday Parade may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Birthday Parade's sole discretion.
7. Warranty Disclaimer and Limitation Liability
A. YOU AGREE THAT YOUR USE OF THE BIRTHDAY PARADE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRTHDAY PARADE, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. BIRTHDAY PARADE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BIRTHDAY PARADE. BIRTHDAY PARADE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BIRTHDAY PARADE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIRTHDAY PARADE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN NO EVENT SHALL BIRTHDAY PARADE, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BIRTHDAY PARADE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BIRTHDAY PARADE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.B. Birthday Parade is controlled and offered from facilities in the United States of America. Birthday Parade makes no representations that Birthday Parade is appropriate or available for use in any locations including those other than the United States of America and within it. Those who access or use Birthday Parade from other jurisdictions do so at their own volition and are responsible for compliance with local law.
C. You agree to defend, indemnify and hold harmless Birthday Parade, its owners, operators, officers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Birthday Parade Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Birthday Parade.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Birthday Parade without restriction. You agree that: (i) Birthday Parade shall be deemed solely based in Florida; and (ii) Birthday Parade does not give rise to personal, specific or general jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Birthday Parade that arises in whole or in part from the Birthday Parade website shall be decided exclusively by a court of competent jurisdiction located in Orlando, Florida. These Terms of Service, together with the Privacy Notice and Affiliates disclaimer and any other legal notices published by Birthday Parade, shall constitute the entire agreement between you and Birthday Parade concerning the Birthday Parade Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Birthday Parade's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Birthday Parade reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Birthday Parade in any way following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BIRTHDAY PARADE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BIRTHDAY PARADE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.