Conditions of Use & Sale
Welcome to TheBirthdayBrain.com. The Birthday Brain Ltd and its affiliates provide access to the Birthdaybrain website (the "website") and sell our products to you subject to the conditions set out on this page.
Referrals and recommendations made to the Birthdaybrain.com and it's associates are subject to their own conditions of use & sale.
Please read these conditions carefully before using the Birthdaybrain.com website. By using the Birthdaybrain.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Birthdaybrain.com service, you will also be subject to the guidelines and conditions applicable to that service.
Conditions Relating to Your Use of the Birthdaybrain.com
Anyone visiting thebirthdaybrain.com and all its sub home pages agrees to be bound by the following terms and conditions of business. Anyone who does not agree with these terms and conditions should not visit or make use of the web site.
1. The Law
The law of England shall govern this web site and all transactions. Any dispute arising from the use of Cheshire Henbury's web site and all transactions resulting from use of the web site are subject to the sole jurisdiction of the English courts.
2. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
The Birthdaybrain.com reserves the right to refuse access to the website, terminate accounts, or remove or edit content at our discretion.
3. Privacy
Please review our Privacy Notice, which also governs your visit to the Birthdaybrain.com, to understand our practices.
4. Access to The Birthdaybrain.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
5. Licence for website access
The Birthdaybrain.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Birthdaybrain.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Birthdaybrain.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the Birthdaybrain.com's or its affiliates' names or trademarks without the express written consent of the birthdaybrain.com. Any unauthorised use terminates the permission or license granted by the Birthdaybrain.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the Birthdaybrain.com as long as the link does not portray the Birthdaybrain.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Birthdaybrain.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
6. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not the Birthdaybrain.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The birthdaybrain.com reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant the Birthdaybrain.com and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) the Birthdaybrain.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Birthdaybrain.com, including the execution of deeds and documents, at the request of the Birthdaybrain.com.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to the Birthdaybrain.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable the Birthdaybrain.com policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Birthdaybrain.com and its affiliates for all claims brought by a third party against the Birthdaybrain.com or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Birthdaybrain.com, its affiliates or its content suppliers and is protected by international copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of the Birthdaybrain.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of the Birthdaybrain.com, our affiliates or our software suppliers and is protected by international copyright and authors rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without the Birthdaybrain.com's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without the Birthdaybrain.com's express written consent. You also may not create and/or publish your own database that features substantial parts of this website without the Birthdaybrain.com's express written consent.
9. Intellectual Property Claims
the Birthdaybrain.com (the trading name for the Birthday Brain Ltd) and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement below.
10. Trademarks
the Birthdaybrain.com and other marks indicated on our website are trademarks of the Birthday Brain Ltd, in the United Kingdon and/or other jurisdictions. the Birthdaybrain.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks of the Birthday Brain Ltd. The Birthday Brain Ltd's trademarks may not be used in connection with any product or service that is not the Birthday Brain's, or in any manner that is likely to cause confusion among users / customers, or in any manner that disparages or discredits the Birthday Brain Ltd. All other trademarks not owned by the Birthday Brain Ltd that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Birthday Brain Ltd.
11. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by the Birthdaybrain.com to you. As am approved member of the Amazon.co.uk associates programme, for conditions relating to the sale by third parties to you via the Birthdaybrain.com, or Amazon.co.uk or its affiliates see the terms & conditions of Amazon.co.uk (or its affiliates) or our third party business associates.
12. Electronic communications
When you visit the Birthdaybrain.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Losses
the Birthdaybrain.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. the Birthdaybrain.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
14. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
16. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the United Kingdom.
18. Our details
the Birthdaybrain.com is the trading name for The Birthday Brain Ltd. A company incorporated in the United Kingdom.
For the the Birthdaybrain.com website:
The Birthday Brain Ltd
35 Burlington Court,
Lower Burlington Road
Portishead
Bristol
BS20 7BA
UK
Notice and Procedure for Making Claims of Infringement
the Birthdaybrain.com is the trading name for The Birthday Brain Ltd. We respond expeditiously to intellectual property rights owners who complete and submit the Notice Form (below) to communicate concerns of any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to the Birthdaybrain.com and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Birthdaybrain.com and its affiliates for all claims brought by a third party against the Birthdaybrain.com or its affiliates arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on the Birthdaybrain.com and are posted solely at the direction of Third Party Sellers who may be contacted by their "Seller Information" page, accessible from any of their listings.
Notice Form:
If you believe that your intellectual property is being violated by an item or information on the the Birthdaybrain.com site, you may fill out the Notice Form (below) using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF to:
Email PDF: notice@theBirthdaybrain.com
Subject Line: Claim of Infringement
(We will accept a signed PDF via email with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
Notice Form
Re:www.the Birthdaybrain.com (trading name for The Birthday Brain Ltd)
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's name, address, telephone number and contact email address;
(b) The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
(c) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent).
(3) Include the following statement: "I have a good faith belief that the portion of the website described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.
Notice and Procedure for Notifying the Birthdaybrain.com of Defamatory Content
If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the Notice to the Birthdaybrain.com of Defamatory Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, the Birthdaybrain.com, The Old Police House, Damerham, Fordingbridge, Hampshire, SP6 3HB, England. Please note that this procedure is exclusively for notifying the Birthdaybrain.com of Defamatory content on the the Birthdaybrain.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to the Birthdaybrain.com of Defamatory Content may result in civil and criminal liability.
Notice to the Birthdaybrain.com of Defamatory Content
In the matter of www.theBirthdaybrain.com
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.theBirthdaybrain.com ("the website"). I make this statement in support of my giving theBirthdaybrain.com notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
- (a) appear in a book being sold by the Birthdaybrain.com via the website entitled [please state the book name and its author]. The defamatory words appear on page [please state the page number(s) where you consider there are defamatory words].
- OR
- (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated: