Introduction

These terms and conditions govern your use of PopBirthdays.com; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use PopBirthdays.com

License to use website

Unless otherwise stated, PopBirthdays.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent. We have introduced small details into the data that will identify it as belonging to PopBirthdays.com.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. PopBirthdays.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, PopBirthdays.com does not warrant that:

  • l this website will be constantly available, or available at all; or
  • l the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

PopBirthdays.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • l for any indirect, special or consequential loss; or
  • l for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if PopBirthdays.com has been expressly advised of the potential loss.

Indemnity

You hereby indemnify PopBirthdays.com and undertake to keep [NAME] indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by [NAME] to a third party in settlement of a claim or dispute on the advice of [NAME'S] legal advisers) incurred or suffered by [NAME] arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to PopBirthdays other rights under these terms and conditions, if you breach these terms and conditions in any way, PopBirthdays may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

PopBirthdays.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

These terms and conditions constitute the entire agreement between you and PopBirthdays, in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

DMCA

As required by the Digital Millennium Copyright Act ("DMCA"), please email DMCA@PopBirthdays.com receive to claim alleged copyright infringement occurring on the PopBirthdays.com site.

If you believe that your copyrighted work has been infringed upon by PopBirthdays.com, please notify us as soon as possible. Here is contact information for our designated agent:

PopBirthdays
Attn: DMCA
5727 W. Adams Blvd.
LA, CA 90016
DMCA@PopBirthdays.com




The DMCA does require that any infringement claim be in writing and that it includes the following information:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf
  • A description of the copyrighted work claimed to have been infringed
  • A description of the infringing material and information reasonably sufficient to permit Famous Birthdays to locate the material
  • Your contact information so that Famous Birthdays can contact you
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner
  • A statement that the information in the notification is accurate, and, under penalties of perjury, that you are authorized to act on behalf of the copyright owner