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This Terms of Use Agreement ("Agreement") is a legally binding agreement between you ("User") and Best Anniversaries ("Company"), governing the use of the Best Anniversaries website, services, and any related content or materials (collectively, the "Service"). By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree with any of the terms or conditions in this Agreement, please refrain from using the Service.
By using the Service, you represent and warrant that you have read, understood, and agree to abide by all terms and conditions set forth in this Agreement, as well as any future modifications that may be made by the Company. If at any time you do not agree with the terms and conditions of this Agreement, please discontinue using the Service.
By using the Service, you represent and warrant that you are at least 18 years of age, or the legal age of majority in your jurisdiction, and have the legal capacity to enter into this Agreement.
The Service and all of its content, including but not limited to text, graphics, logos, images, software, and any compilations thereof, are the intellectual property of the Company and are protected by applicable copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service without the prior written consent of the Company, except as provided in this Agreement or as allowed by applicable laws.
By using the Service, you may have the ability to submit, post, or display content, messages, comments, or other materials ("User Content"). You represent and warrant that you have the necessary rights to grant the Company the licenses and rights set forth in this Agreement for any User Content that you submit or otherwise make available through the Service. You agree to grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, transferable, and perpetual license to use, copy, modify, adapt, distribute, publicly display, publicly perform, and otherwise exploit your User Content in connection with operating, promoting, and improving the Service.
Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information.
The Service is provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, regarding the Service or its content. The Company disclaims all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or its server are free of viruses or other harmful components.
To the fullest extent permitted by applicable law, you agree that the Company and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, arising out of or in connection with the Service or this Agreement. In no event shall the Company's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you, if any, for accessing or using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the United States, specifically the state of California, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to this Agreement or the Service shall be brought exclusively in the federal or state courts located in California, and you hereby consent to the personal jurisdiction and venue of such courts.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions shall remain in full force and effect. The failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.
The Company reserves the right to amend or modify this Agreement at any time by posting the revised Agreement on the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements, whether written or oral, regarding such subject matter.
To indicate your acceptance of this Agreement, please click "I agree".