The rest of the TOU is broken into a number of different sections:
|B.||Birthday Alarm's Obligations to You|
|C.||Your Obligations to Birthday Alarm|
|D.||Security and Member Privacy|
|E.||Member Account Registration|
|G.||Birthday Alarm's Proprietary Rights|
|H.||Disclaimer of Warranties|
|I.||LIMITATION OF LIABILITY|
|K.||Modification and Termination of the Service|
|L.||Modification to the TOU|
Subject to the TOU, Birthday Alarm will:
You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify Birthday Alarm immediately on becoming aware 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.
Birthday Alarm understands and respects your rights of privacy. It is because of this philosophy that subject to the exclusions below, your personal details provided to Birthday Alarm will not be sold or otherwise distributed to third parties.
Birthday Alarm reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Birthday Alarm or enforce the TOU.
Birthday Alarm reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.
To register as a Birthday Alarm Member, you agree to:
If you provide any information that is not current, or is incomplete or inaccurate, or Birthday Alarm has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, Birthday Alarm has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.
Under no circumstances do Birthday Alarm have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.
As a condition of your use of the Service, you guarantee to Birthday Alarm that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
Without prejudice to the Security and Member Privacy of the TOU, Birthday Alarm has no obligation to monitor the Service or any member's use thereof.
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 and at all times used solely 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, LLC. You agree that Birthday Alarm, LLC 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.
YOU UNDERSTAND AND AGREE THAT:
Except as otherwise expressly provided in the TOU, Birthday Alarm does NOT represent or warrant that:
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. You agree that any termination of access to the Service under any provision of the TOU may be effected without notice, and acknowledge and agree that Birthday Alarm may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service UNLESS agreed in writing with Birthday Alarm. Nevertheless, where possible, Birthday Alarm will use reasonable endeavors to give Members fair notice of termination or suspension of their access to the Service.
Further you agree that Birthday Alarm shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.
Birthday Alarm reserves the right to change the TOU or policies regarding the use of the Service at any time. In this event you will be sent an email detailing the changes. Upon your next logon to the Service you will be asked to indicate your acceptance of the new TOU, acceptance of which is required to allow your continued use of the Service.
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.