1. Consent and Modification . By visiting or using this Site, you signify your assent to these Terms. These Terms apply to all users of the Site. If you do not agree to these Terms then please do not access or otherwise use the Site. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes
2. Ability to Accept Terms. The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms with you parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
3. Site Access. We hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer, reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We, at our sole discretion, have the right to terminate these Terms and your access to the Site immediately, with or without cause. We reserve all rights not expressly granted to you in and to the Site.
4. Share With Your Friends Service. The Site includes an invitation service that enables you to invite your friends and contacts to download and use our mobile application (the ” Share With Your Friends Service“). If you choose to participate in the Share With Your Friends Service, you acknowledge and agree: (i) to only send invitations to your friends and contacts that you know; (ii) not to misrepresent your relationship with Happy B’day! or make any warranty or representation on behalf of Happy B’day!; and (iii) to comply at all times with these Terms and applicable law.
5. Intellectual Property Rights. The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“) and the trademarks, service marks and logos contained therein (” Marks“), are the property of Happy B’day! and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site and the Content. Content on the Site is provided to you for your personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “Happy B’day!”, the Happy B’day! Logo and other marks are Marks of Happy B’day! or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
6. Disclosure . We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Happy B’day!, its users or the public.
7.2. Happy B’day! permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Happy B’day! or present any false information about Happy B’day! and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
8. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
10. Warranty Disclaimers. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. HAPPY B’DAY! DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that HAPPY B’DAY! will correct any errors in the SITE. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HAPPY B’DAY! SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF HAPPY B’DAY! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAPPY B’DAY! FOR ANY DAMAGES ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU FOR USING THE SITE DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
12. Indemnity. You agree to defend, indemnify and hold harmless Happy B’day! and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of these Terms.
13. Term and Termination. Happy B’day! shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site.
14. Assignment. These Terms, and any rights granted hereunder, may not be transferred or assigned by you but they may be transferred or assigned Happy B’day! without restriction or notification to you.
15. General. Happy B’day! reserves the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between you and Happy B’day! shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Happy B’day! may seek injunctive relief in any court of competent jurisdiction. This Section 15 and Sections 5 (Intellectual Property Rights), 6 (Disclosure), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability) and 12 (Indemnity) shall survive any termination of these Terms. These Terms shall constitute the entire agreement between you and Happy B’day! concerning the Site. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: 24 May 2012