Happy Birthday Apple Terms and Conditions
This Happy Birthday Apple terms and conditions of service policy (the "Agreement" or the "T&C") provides important information about you’re the Happy Birthday Apple service, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. As used herein, “HBA“ means and refers to Happy Birthday Apple. IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU — NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY HBA. HBA may change, add or remove any part of this Agreement, or any part of the HBA services and features, including price, at any time. If it does so, HBA will post such changes on the HBA site.
Using HBA Services
The HBA Message
The HBA Message (or herein called “Message”) is submitted be the user as Content to be displayed on the HBA website and presented to Apple Computers Inc in a book format. All messages become the property of HBA. The message contains a name, country of origin, email and body text.
Payment and Currency
If you elect to use the HBA service, you agree to pay all fees for that service at the prices set forth on the HBA site and upon the terms set forth on that site and in this Agreement. Currency is always quoted in US dollars.
All fees for HBA services are non-refundable. If your Content fails the HBA T&C then that service will be cancelled without a refund of the fee.
Availability of the service
While HBA makes reasonable efforts to ensure that HBA is available at all times, HBA does not guarantee, represent or warrant that the HBA website or services will be uninterrupted or error-free, and HBA does not guarantee that users will be able to access or use all the HBA features at all times. HBA also does not guarantee or warrant that any Content you may have submitted to HBA will not be subject to inadvertent damage, corruption or destruction.
Acceptable use policy guidelines
HBA encourages users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use HBA services. These rules and standards are described in this Agreement. As a HBA user, you agree to comply with this Agreement, and you acknowledge that HBA has the right to enforce this Agreement in its sole discretion. This means that if you violate the terms of this Agreement, HBA may take any and all appropriate actions as HBA deems necessary or appropriate, this includes not including your message in the printed book to be presented to Apple Computers Inc. HBA is not required to provide notice prior to cancelling your message for violating these rules and standards, but it may choose to do so. Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
Illegal and prohibited content
HBA messages may be submitted with lawful and proper content. Submitting Content that could subject HBA to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory or constitutes a threat. If HBA elects to terminate your message as a result of any illegal or prohibited conduct, HBA may elect, in its sole not to refund any prepaid fees to you. Examples of prohibited conduct are:
- Posting obscene content
- Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities), or a civic or government leader; HBA reserves the right to reject or block any name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
Objectionable conduct and content
It is essential that all Content in a HBA message reflect the provisions of this Agreement. HBA reserves the right to remove Content if HBA becomes aware of any Content which, in HBA’s judgment, does not conform to this Agreement. HBA may send you a warning about the violation of this Agreement if your message objectionable Content, but we reserve the right not to do so. At all times, HBA reserves the right to terminate, with or without notice, the messages of HBA users who violate this Agreement. In such case, you will not be entitled to any refund of your fees). Examples of objectionable conduct and Content that violate the HBA acceptable use policy are:
- Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable
- Content that defames, abuses or threatens physical harm to others or yourself
If you encounter something you find inappropriate, you may report it by submitting the message Number at http://www.happybirthdayapple.com/reportmessage.htm
Authorisation to remove content
HBA reserves the right to remove any Content you may have submitted under the following circumstances:
- If your payment via credit card or paypal is not successful.
If this is the case HBA will notify you via your supplied email address.
Authorisation to contact user
By submitting and paying for the HBA service you give HBA and its affiliates the authority to contact you via your nominated email or webmail address. Contact will be limited to:
- updating you with information regarding the HBA campaign and activites.
- news by HBA and its affiliates.
- allowing Apple Computer Inc to reply to your message and send you an additional message of their choice
Disclaimer of warranties; liability limitations
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE HBA SERVICES ARE AT YOUR SOLE RISK. HBA SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
IN NO CASE SHALL HBA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF HBA SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR HBA USE.
HBA may give notice to any HBA user by sending an e-mail message to the user's. HBA users may contact HBA by emailing [email protected]
This Agreement represents your entire agreement with HBA with respect to HBA Service. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a HBA user, and HBA.
Revised February 2006