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Terms of Use Agreement

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement between you ("User" or "you") and [Company Name] ("Company" or "we") regarding your use of the DayBirthday platform ("Platform"). By accessing or using the Platform, you agree to be bound by this Agreement.

1. Acceptance of Terms

By accessing or using the Platform, you represent that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not access or use the Platform.

2. Eligibility

You must be at least 18 years old to use the Platform. By accepting this Agreement, you represent and warrant that you are at least 18 years old.

3. Privacy

Your privacy is important to us. Our Privacy Policy [hyperlink to Privacy Policy] explains how we collect, use, and disclose information about you. By using the Platform, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

4. Intellectual Property Rights

The Platform and its content, including but not limited to text, graphics, images, logos, and software, are the property of the Company or its licensors and are protected by intellectual property laws. You may not use, reproduce, modify, or distribute the content of the Platform without the express written consent of the Company.

5. User Content

You may have the opportunity to submit content to the Platform, including but not limited to text, images, and videos ("User Content"). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media and for any purpose, including promoting the Platform. You represent and warrant that you have all rights necessary to submit User Content and that it does not infringe upon the intellectual property or privacy rights of any third party.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable law or regulation.
  • Posting or transmitting false, misleading, harmful, obscene, or otherwise objectionable content.
  • Interfering with or disrupting the security or operation of the Platform.
  • Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
  • Accessing or using the Platform for any unlawful or unauthorized purpose.
  • Collecting or storing personal information about other users without their consent.

7. Disclaimers

The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to those of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure.

8. Limitations of Liability

To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with the use of the Platform, even if advised of the possibility of such damages.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of [State where your business operates], without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively brought in the state or federal courts located within the State of [State where your business operates], and you consent to the personal jurisdiction of such courts.

10. Amendments

We reserve the right to modify or amend this Agreement at any time. Any changes will be effective upon posting of the revised Agreement on the Platform. Your continued use of the Platform after the posting of any changes constitutes your acceptance of the revised Agreement.

11. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Platform and supersedes any prior or contemporaneous understandings and agreements.

By using the DayBirthday platform, you agree to be bound by this Terms of Use Agreement. If you have any questions or concerns about this Agreement, please contact us at [contact email address].

Please note that this customizable Terms of Use Agreement template is a starting point and should be reviewed by a legal professional to ensure compliance with the specific laws and regulations of your jurisdiction, including GDPR or CCPA.