Terms & conditions
BirthdayPartyGuide.com provides User with a service of sending electronic mail via the World Wide Web, printing different artwork like invitation cards, place cards and more. "User" means any person who establishes or accesses connection to BirthdayPartyGuide for access to and use of BirthdayPartyGuide.com This site is protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. By visiting this site and/or using the services available, you are agreeing to these terms and conditions (“Agreement”). This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and BirthDayPartyGuide.com regarding your use of this site. You may also be subject to additional terms and conditions when you use other BirthDayPartyGuide.com services, third-party content, or third-party software as may be available through this site. If any information provided by User is incomplete or inaccurate or violates any provisions of the Service Agreement implicitly or explicitly, BirthdayPartyGuide.com retains the right to terminate User's rights to use the Service.
Service changes & discontinuation
BirthdayPartyGuide shall have the right at any time to change or modify the terms and conditions applicable to User's use of BirthdayPartyGuide, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. Any use of BirthdayPartyGuide by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. BIRTHDAYPARTYGUIDE.com ALSO reserves the right to discontinue, temporarily or permanently, the Service at any time without notice. You agree that BIRTHDAYPARTYGUIDE.com will not be liable to You or any third party for any discontinuance of the Service.
User conduct
User shall use BirthdayPartyGuide for lawful purposes only. User shall not post or transmit through BirthdayPartyGuide any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BirthdayPartyGuide' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in BirthdayPartyGuide discretion restricts or inhibits any other User from using or enjoying BirthdayPartyGuide will not be permitted. User shall not use BirthdayPartyGuide to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with BirthdayPartyGuide.
BirthdayPartyGuide contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, animations, graphics, music and sound, and the entire contents of BirthdayPartyGuide are copyrighted as a collective work under the Swedish copyright laws. BirthdayPartyGuide owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of BirthdayPartyGuide. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
You acknowledge and agree that the BirthdayPartyGuide.com do not endorse the content of any user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the BirthdayPartyGuide do not pre-screen all content, but that BirthdayPartyGuide and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
Your account
In order for you to use and/or have access to some of our services on the site, you may be required to provide us with certain information. To do so, you may choose to set up an Account with us. You agree and represent that all registration provided by you is accurate and up-to-date. If any of your registration information changes, you must update it by visiting the “My Page” area on the site or by contacting us.
You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You will be responsible for all activities that occur under your password. You must notify BirthDayPartyGuide.com immediately of any unauthorized use of your password or if you believe your password is no longer secure. BirthDayPartyGuide.com reserve the right to refuse service, terminate accounts, remove or edit content at their sole discretion.
Disclaimer of warranty; limitation of liability
User expressly agrees that use of BirthdayPartyGuide is at user's sole risk. Neither BirthdayPartyGuide, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that BirthdayPartyGuide will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of BirthdayPartyGuide, or as to the accuracy, reliability or content of any information, service, or merchandise provided through BirthdayPartyGuide.
The service is provided on an "AS IS" and "AS AVAILABLE" basis. BIRTHDAYPARTYGUIDE.com and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
This dislaimer of liability applies to any form of damages or injury caused by any failure of performance, error, omisssion, interruption, deletion, defect, delay, in operation or transmission, computer virus, communication line failure, server crash, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. BirthdayPartyGuide does not warrant that defects could be corrected or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. The user assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. User specifically is not liable for the defamatory, offensive or illegal conduct of other or third-parties and that the risl of injury from the foregoing rests entirely with user.
In no event will BirthdayPartyGuide, or any person or entity involved in creating, producing or distributing BirthdayPartyGuide or the BirthdayPartyGuide programme, be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of our inability to use BirthdayPartyGuide. User hereby acknowledges that the provisions of this section shall apply to all content on BirthdayPartyGuide.
Further to the aforesaid terms, neither BirthdayPartyGuide, nor any of its affiliates, content providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within BirthdayPartyGuide, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occassioned thereby. None of the forgoing parties shal be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither BirthdayPartyGuide nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the BIRTHDAYPARTYGUIDE Sites, our third party service providers, or through or from the Service will create any warranty not expressly stated in the terms.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BirthdayPartyGuide has no control over such sites and resources, you acknowledge and agree that BirthdayPartyGuide is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BirthdayPartyGuide shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Indemnification
User agrees to defend, indemnify and hold harmless BirthdayPartyGuide, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of BirthdayPartyGuide by User or User's Account.
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall BirthdayPartyGuide be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if BirthdayPartyGuide or a BirthdayPartyGuide authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BirthdayPartyGuides' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Termination
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained BirthdayPartyGuide site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from BirthdayPartyGuide if in BirthdayPartyGuide sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of this agreement or otherwise.
Conclusion
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.