Itsmybirthday.com (“Itsmybirthday”) provides users the ability to discover and purchase unique products through our website. Those services are provided subject to the following terms and conditions.
Please review our Privacy Notice to understand our privacy practices.
Itsmybirthday may revise these Terms at any time by posting an updated version to the Site. You should visit this page periodically to review the most current Terms because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing the Site for any reason. The term “Post” as used herein shall mean information that You submit, publish, or display on the Site.
By visiting the Site and accepting these Terms, You represent and warrant to Itsmybirthday that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Itsmybirthday that You will use the Site in a manner consistent with any and all applicable laws and regulations.
Itsmybirthday grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Itsmybirthday. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of Itsmybirthday, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Itsmybirthday.
Any unauthorized use terminates the permission or license granted by Itsmybirthdayand may result in both civil and criminal liability.
- SITE RESTRICTIONS
Users may not use the Site in order to transmit, post, distribute, store or destroy material, including, without limitation, comments and reviews (the “Content”) (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or (iv) forgoing any TCP/IP packet header or any part of the header information in any email or posting on the Site. Attempts to violate system or network security immediately terminate the permission or license granted by Itsmybirthday and may result in civil and/or criminal liability.
- PROHIBITED USES
Listing of available products on the Site may be used only for lawful purposes by Users of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, copyrighted image, or other proprietary information (including images, text, page layout, or form) of Itsmybirthday without express written consent. You may not use any meta tags or any other “hidden text” utilizing Itsmybirthdays name or trademarks without the express written consent of Itsmybirthday. You agree not to sell or modify any content found on the Site including, but not limited to, names of Users and Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content, in any way for any public purpose, in connection with products or services that are not those of Itsmybirthday, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Itsmybirthday or its licensors, that dilutes the strength of Itsmybirthdays or its licensor’s property, or that otherwise infringes Itsmybirthdays or its licensor’s intellectual property rights. You further agree to in no other way misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Itsmybirthday creates to generate or display any Content of the pages making up the Site is also protected by Itsmybirthday copyright, and you may not copy or adapt such code.
Itsmybirthday has no duty to monitor any materials posted, transmitted, or communicated to or with the Site. If you believe that something on the Site violates these Terms please contact our designated agent as set forth below.
If notified by a User of any materials which allegedly do not conform to these Terms, Itsmybirthday may in its sole discretion investigate the allegation and determine whether to take any other actions or remove or request the removal of the Content. Itsmybirthday has no liability or responsibility to Users for performance or nonperformance of such activities.
- ELECTRONIC COMMUNICATION
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements notices, disclosure, and other communicates that we provide to you electronically satisfy any legal requirements that such communications be in writing.
All content included on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of Itsmybirthday or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Itsmybirthday. All software used on this Site is the property of Itsmybirthday or its software suppliers and protected by U.S. and international copyright laws.
Itsmybirthday.com and other Itsmybirthday graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of Itsmybirthday in the U.S. and/or other countries. Itsmybirthday trademarks and trade dress may not be used in connection with any product or service that is not Itsmybirthday, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Itsmybirthday. All other trademarks not owned by Itsmybirthday that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Itsmybirthday.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site acts as a venue for Users to purchase unique products or services. Neither Itsmybirthday nor the Site has control over the quality or fitness for a particular purpose of a product. Itsmybirthday also has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted information and makes no representations or warranties about any information on the Site
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ITSMYBIRTHDAY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ITSMYBIRTHDAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ITSMYBIRTHDAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITSMYBIRTHDAY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM ITSMYBIRTHDAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITSMYBIRTHDAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCE SHALL ITSMYBIRTHDAY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE).
- SITE POLICIES, MODIFICATION, AND SEVERABILITY