Terms and Conditions

The following terms and conditions govern all use of the BirthdayListApp.com (or “we”) website and all content, services, and products available at or through the website (taken together, the Website). The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BirthdayListApp.com’s Privacy Policy), and procedures that may be published from time to time on this Site by BirthdayListApp.com (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions, you may not access the Website or use any services. If these terms and conditions are considered an offer by BirthdayListApp.com, acceptance is expressly limited to these terms.

The Website is not directed to children under 13. Use of the Website is only permitted by users 13 years of age or older. If you are under 13, do not register or use the Website. By registering or submitting information, you confirm you are at least 13 years old.

1. Your BirthdayListApp.com Account and Site

If you create a wishlist on the Website, you are responsible for maintaining the security of your account and wishlist and for all activities under your account. BirthdayListApp.com may remove or modify content it deems inappropriate, unlawful, or likely to cause liability. Notify us immediately of unauthorized use or security breaches. We are not liable for actions or omissions by you, including damages from such.

2. Responsibility of Contributors

If you create or interact with a wishlist, post content, or allow others to do so via your account (collectively, “Content”), you are fully responsible for that content and any resulting harm.

By submitting Content, you represent that it does not violate these terms or any laws. You grant BirthdayListApp.com a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, and publish the Content solely for display, distribution, and promotion of your wishlist. This license also allows third-party services selected by us to analyze and distribute (not display) your content. Other users may share your Content and add their own to it. If you delete Content, we will make reasonable efforts to remove it but cannot guarantee full deletion due to caching or indexing.

We reserve the right (but not the obligation) to remove any content violating our policies or deny site access to anyone for any reason. No refunds will be provided in such cases.

3. Responsibility of Website Visitors

BirthdayListApp.com has not reviewed all material posted and is not responsible for its content or effects. We do not endorse posted materials and cannot guarantee their accuracy or safety. You are responsible for protecting yourself and your devices from harm. The Website may contain offensive or harmful content and technical inaccuracies. We disclaim responsibility for damage caused by visiting or downloading from the Website.

4. Content Posted on Other Websites

We are not responsible for content or actions on third-party sites that link to or from BirthdayListApp.com. We do not endorse them and you visit them at your own risk.

5. Copyright Infringement and DMCA Policy

If you believe content on BirthdayListApp.com infringes your copyright, notify us according to our DMCA Policy. We will respond appropriately, including removing infringing content or disabling links. Repeat infringers may be banned from the Website.

6. Intellectual Property

All intellectual property remains the sole property of BirthdayListApp.com or its licensors. Use of the Website grants no rights to our trademarks, graphics, or logos.

7. Affiliate Links

BirthdayListApp.com uses affiliate links for monetization, including Amazon Associates and Skimlinks. We may receive compensation for purchases made through such links. Any paid endorsement will be clearly disclosed.

Associate Disclosure

BirthdayListApp.com participates in the Amazon Services LLC Associates Program and other international Amazon affiliate programs. As an Amazon Associate, we earn from qualifying purchases.

Some product links may be monetized automatically and transparently. This does not affect product pricing. This disclosure complies with FTC guidelines (16 CFR § 255.5).

8. Advertisements

We reserve the right to display ads on your wishlist or any area of the Website.

9. Changes

We may update these Terms from time to time. Material changes will be announced via the site or email before taking effect. Continued use of the site after changes indicates acceptance. Prior disputes are governed by the Terms in place when the dispute arose.

10. Termination

We may terminate your account or access at any time, for any reason. You may terminate this Agreement by ceasing use of the Website. Provisions such as warranties, indemnities, and limitations of liability will survive termination.

11. Disclaimer of Warranties

The Website is provided “as is”. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee error-free operation or uninterrupted access. Use the site at your own risk.

12. Limitation of Liability

We are not liable for indirect, incidental, or consequential damages, including data loss or procurement of substitute services. Our total liability under this Agreement is limited to the amount you paid us in the past 12 months. These limits may not apply in all jurisdictions.

13. General Representation and Warranty

You represent that your use of the Website will comply with this Agreement, our Privacy Policy, and applicable laws (including data export laws). You will not infringe on third-party rights.

14. US Economic Sanctions

You represent that your use of the Website does not violate U.S. sanctions. We may terminate accounts in violation of this policy.

15. Indemnification

You agree to indemnify and hold harmless BirthdayListApp.com, its contractors, licensors, and affiliates from all claims and expenses arising from your use of the Website or violation of this Agreement.

16. Translation

These Terms were written in English. If translated, the English version will govern in the event of a conflict.

17. Miscellaneous

This Agreement is the entire agreement between you and BirthdayListApp.com. It can only be modified by an authorized executive or updated version posted by us. It is governed by the laws of Pennsylvania, USA, and any legal action will be handled in Allegheny County courts. Disputes will be resolved through binding arbitration in Pittsburgh, PA, under JAMS rules. The prevailing party in legal disputes may recover legal costs and fees. Invalid parts of this Agreement do not affect the rest. You may assign your rights under this Agreement with consent. BirthdayListApp.com may assign its rights freely. This Agreement is binding upon successors and permitted assigns.