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TERMS OF USE AGREEMENT

This Terms of Use Agreement (the "Agreement") is entered into by and between [Your Company Name] ("Company") and the user ("User" or "You") of the Birthday Yard online service ("Service"). By accessing or using the Service, You agree to be bound by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Service.

1. ACCEPTANCE OF TERMS

By accessing or using the Service, You acknowledge that You have read, understood, and agree to be bound by the terms and conditions of this Agreement, including any additional guidelines and future modifications. If You do not agree to these terms, You may not access or use the Service.

2. ELIGIBILITY

You must be at least 18 years old or the legal age of majority in your jurisdiction of residence, if different than 18, to use the Service. By accessing or using the Service, You represent and warrant that You are at least 18 years old or the legal age of majority in your jurisdiction of residence.

3. INTELLECTUAL PROPERTY

a. All content and materials available on the Service, including but not limited to text, graphics, logos, icons, images, audio or video clips, and software, are the property of the Company or its licensors and are protected by international copyright laws. Any unauthorized use of these materials may violate copyright, trademark, and other intellectual property laws.

b. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Service and its content for personal, non-commercial use only. No right, title, or interest in any downloaded materials is transferred to You as a result of any such downloading or copying.

4. USER OBLIGATIONS

a. You agree not to use the Service for any unlawful purpose or prohibited activity. You further agree not to violate or attempt to violate the security of the Service, including but not limited to:

  • Gaining unauthorized access to any portion or feature of the Service
  • Interfering with or disrupting the operation of the Service
  • Uploading, transmitting, or distributing any computer viruses, worms, or other software intended to damage or alter the Service

b. You acknowledge that You are solely responsible for any content You post or submit through the Service and You represent and warrant that You have the necessary rights to do so.

5. DISCLAIMER OF WARRANTIES

a. The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either expressed or implied. The Company does not guarantee or warrant the accuracy, completeness, reliability, or timeliness of the Service.

b. The Company disclaims all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

6. LIMITATION OF LIABILITY

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

b. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO THE COMPANY FOR THE USE OF THE SERVICE.

7. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction/Region] without regard to its conflict of law provisions.

8. MODIFICATIONS TO THE AGREEMENT

The Company reserves the right to modify, amend, or change the terms and conditions of this Agreement at any time, without prior notice to You. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Agreement.

9. SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect.

10. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Company and You regarding the use of the Service and supersedes all prior agreements and understandings, whether written or oral.

By accessing or using the Service, You acknowledge and agree to be bound by the terms and conditions of this Agreement.


Please note that this Terms of Use Agreement is a general template and may need customization to comply with specific laws and regulations in your jurisdiction. It is recommended to consult with a legal professional to ensure compliance with relevant laws, including GDPR or CCPA, and tailor the agreement to your specific needs.