Terms of Service

Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. BirthdayForever may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the BirthdayForever service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. Description of Service. BirthdayForever is a free, birthday management application (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. BirthdayForever disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. BirthdayForever also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. BirthdayForever reserves the right to refuse service to anyone at any time without notice for any reason.
3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by BirthdayForever; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. BirthdayForever reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
4. Content of the Service. BirthdayForever takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does BirthdayForever have any obligation to monitor such third party content. BirthdayForever reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. BirthdayForever also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of BirthdayForever, its users and the public. BirthdayForever will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
5. Intellectual Property Rights. BirthdayForever's Intellectual Property Rights. You acknowledge that BirthdayForever owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "BirthdayForever Rights"), and such BirthdayForever Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The BirthdayForever Rights include rights to (i) the Service developed and provided by BirthdayForever; and (ii) all software associated with the Service.
   Your Intellectual Property Rights. BirthdayForever does not claim any ownership in any of the content that you upload, transmit or store in your BirthdayForever account. We will not use any of your content for any purpose except to provide you with the Service.
6. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to BirthdayForever to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
7. Privacy. As a condition to using the Service, you agree to the terms of the BirthdayForever Privacy Policy as it may be updated from time to time. BirthdayForever understands that privacy is important to you. You do, however, agree that BirthdayForever may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the BirthdayForever Privacy Policy.
8. Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of twelve months, BirthdayForever reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
9. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause at any time by emailing cancelaccount@birthdayforever.com. BirthdayForever may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless BirthdayForever has previously canceled or terminated your use of the Services (in which case subsequent notice by BirthdayForever shall not be required), BirthdayForever will notify you via email of any such termination or cancellation, which shall be effective immediately upon BirthdayForever's delivery of such notice. Sections 3, 4, 5, 7, and 9 - 11 of the Agreement shall survive expiration or termination.
10. Indemnification. You agree to hold harmless and indemnify BirthdayForever, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, BirthdayForever will provide you with written notice of such claim, suit or action.
11. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Israel, and you consent to the jurisdiction of such courts.

BirthdayForever is a free, birthday management service. This policy describes the types of personal information we may collect and how we use it to provide the BirthdayForever service.

By using BirthdayForever, you agree to the collection and use of your personal information as described in this policy. You should know:

1. We collect limited account information and store and maintain your account and wish list contents on our secure servers.
2. We will never rent, sell or share information that personally identifies you for marketing purposes without your express permission.
3. You can update your account information and preferences at any time.

To comply with the Children's Online Privacy Protection Act, at this time BirthdayForever is only available to users who are at least 13 years old. If you are under 13, please do not use the BirthdayForever service.

What types of personal information do we collect and how do we use it?

Account information. When you register with BirthdayForever, we will request some personal information, including your name, birthday, email address, a username, and password to create your account.

Other contents and usage. The contents of your BirthdayForever account are stored and maintained on BirthdayForever servers in order to provide the service. Because we keep back-up copies of data for the purposes of recovery from errors or system failure, residual copies of your content may remain on our systems for some time, even after you have deleted information or after the termination of your account. BirthdayForever employees do not access the content of any account unless you specifically request them to do so (for example, if you are having technical difficulties accessing your account) or if required by law, to maintain our system, or to protect BirthdayForever or the public.

We also may collect information about the use of your account, such as how much storage you are using, how often you log in and other information related to your registration and use of BirthdayForever. Information displayed or clicked on in your BirthdayForever account (including UI elements, links, and other information) is also recorded. We use this information internally to deliver the best possible service to you, such as improving the BirthdayForever user interface.

BirthdayForever will never sell, rent or share your personal information with any third parties for marketing purposes without your express permission.

Cookies & log information.

Cookies. A cookie is a small data file that is sent to your computer when you first visit a website. As with most website cookies, our cookies include an identification number that is unique to the computer you are using. This identifier helps us better understand our user base and how they are using our site and services.

When you visit BirthdayForever and create a BirthdayForever account, we set and access cookies on your computer. We use cookies for a number of reasons, such as recognizing you when you visit the site and maintaining the security of your account. We may also use the cookies to collect aggregated information about the use of BirthdayForever to maintain, analyze and improve the service. If you set your browser so that it refuses cookies, you will not be able to use the BirthdayForever service.

Log information. When you use your BirthdayForever account, we collect certain information (the same information that most web sites log when they are accessed). This information, contained in the "header" of your request to access the BirthdayForever page, usually includes the browser type you used, your Internet Protocol address, and the date and time of day. In addition, we log the unique ID provided by our cookie and the URL of the last site you visited.

As a basic matter, we need this information to help us provide our services to you. For example, we need to validate your identity in order to maintain the security of your account. We also need to know what Internet Protocol address your query came from so we can send the appropriate pages back to you.

In addition, we log this information for internal business purposes. For example, this log information helps us determine how well our services are working so we can continually improve the quality of BirthdayForever. The log information is also important for security, audit, quality improvement, and other internal business purposes.

How we may contact you.

BirthdayForever may send you information related to your BirthdayForever account or BirthdayForever services. You will be given the opportunity to opt-out of future such communications.

Transfer of information.

Personal information collected by BirthdayForever may be stored and processed in the United States or any other country in which BirthdayForever maintains facilities. By using BirthdayForever, you consent to any such transfer of information outside of your country.

We reserve the right to transfer your personal information in the event of a transfer of ownership of BirthdayForever, such as acquisition by or merger with another company. In such an event, BirthdayForever will notify you before information is transferred and becomes subject to a different privacy policy.

Updating your information.

You can change your BirthdayForever account settings at any time in the "Settings" section of your account.

You can terminate your account at any time, by by emailing cancelaccount@birthdayforever.com. You should be aware, however, that residual copies of information may remain stored on our systems even after the deletion of information or the termination of your account.

We hope you will enjoy using BirthdayForever.