Last updated: March 29th, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Birthday App found at https://birthdayapp.io (the “Service”) operated by Lithium Gold Ventures, LLC (“Us”, “We”, or “Our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Interpretation And Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by you on any electronic device, named Birthday App
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Lithium Gold Ventures, LLC, 32 Gould Street, Sheridan, WY 82801.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Application.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
- Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Prohibited Uses And Restrictions
Your agreement in principle to these Terms and Conditions is a letter of intent that you will not use the Service or its content for any purpose prohibited as outlined henceforth.
Your Birthday App account and rights to termination shall be subject to the prior satisfaction of the following conditions precedent. You further agree not to use or access the Service:
(i) To harass, abuse, interfere with or threaten others or otherwise violate any person’s legal rights;
(ii) To violate any intellectual property rights of us or any third party;
(iii) To license or sublicense, or otherwise assign any third party the content without authorization from us;
(iv) To transfer or share your access to and use of the Service to third parties without prior authorization;
(v) To upload, distribute or otherwise disseminate any computer viruses or other software;
(vi) To perpetrate any fraud;
(vii) To publish defamatory materials;
(viii) To publish or distribute any material that incites violence, hate, or discrimination towards any group; or
(ix) To unlawfully gather information about others.
Failure to satisfy all conditions as outlined in the commitment letter above will subject you to termination of your account, contract and membership status.
The Service and its original content, features and functionality are and will remain the exclusive property of Lithium Gold Ventures, LLC and its licensors.
(i) All intellectual property on the Service is either owned by us, our licensors, or licensees, which include materials protected by copyright, trademark, or patent laws.
(ii) All trademarks, service marks, and trade names are owned, registered, and licensed by us.
(iii) All content on the Service including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, interactive features, and all other content is a collective work under the United States and other copyright laws.
(iv) All intellectual property rights remain the property of Birthday App; All Rights Reserved.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party web sites or services that you visit.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BIRTHDAY APP BE LIABLE TO YOU FOR ITS CONNECTION WITH ANY THIRD PARTY APPLICATIONS, WEBSITES, CONTENT, MATERIALS, OR PRACTICES.
Termination Of Account
We may, in our sole discretion, suspend, cancel, restrict or terminate your Account and your acceptable use of the Service, effective at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
We have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to the Service.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation Of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its stakeholders be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of income, loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy, loss of or damage to property and claims of third parties or other pecuniary loss arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Your use of the Service is at your sole risk. The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
(i) As to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(ii) That the Service will be uninterrupted or error-free;
(iii) As to the accuracy, reliability, or currency of any information or content provided through the Service; or
(iv) That the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You will irrevocably defend, release, exculpate and hold harmless Birthday App from and against any losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations, and liabilities (including settlement payments) arising from, connected with or relating to your use of the Service, including its content and materials.
Should any personal injury or cyber crime including hate, malfunction, terrorism, fraud, extortion, harassment, warfare, theft, or drug trafficking arise from the fair and proper use of the Service, you will not hold Birthday App accountable and will hereby indemnify Birthday App. Rather, you must contact law enforcement or seek legal representation including reaching out to a Birthday App staff member to report the situation immediately.
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
If a dispute arises out of or relates to these Terms, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that:
(i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and
(ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes To These Terms And Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, please contact us.