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Terms Of Service

Terms of Service

SWFloridaBirthdayParty.com was created for your information, entertainment and enjoyment. Please remember that your access to SWFloridaBirthdayParty.com is subject to the following rules (the "Rules") as well as all applicable laws. Please read this Agreement carefully. If you are unwilling to accept the terms and conditions in this Agreement, we ask that you not use the Web Site. By accessing, browsing and/or using this Web Site, you are deemed to accept these terms and conditions and agree to be bound by this Agreement.

Modifications to this Agreement

SWFloridaBirthdayParty.com is a privately owned site and as such, owners may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. You are bound to such revisions and should therefore visit this page to review the current Rules from time to time.

Compliance with Laws

You agree to comply with all applicable federal, state and local laws regarding your use of the Web Site including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

RIGHTS, RESPONSIBILITIES.

SWFloridaBirthdayParty.com grants you a non-transferable, non-exclusive license to access the WebSite and to view and download information contained at this web site, solely for your own personal, non-commercial use, subject to your ongoing compliance with all terms of this Agreement. You agree to be responsible for all access of this WebSite by your equipment or account, whether by you or others. You are also solely responsible for providing and maintaining all equipment, software and services needed to access and use the WebSite. You agree not to use the WebSite for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the WebSite or use it in any manner not expressly authorized by this Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the WebSite. You agree not to post, disseminate, or transmit any worms, viruses or other harmful, disruptive, or destructive files, code, or programs to this WebSite. You agree not to interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site.

You agree not to use the WebSite to operate a service bureau or for any other use involving the processing of data of other persons or entities. SWFloridaBirthdayParty.com reserves the right, without notice and for any reason, to remove any content on this site and to deny access of any user or users to all or any part of this site.

Downloading

You may download material displayed on the SWFloridaBirthdayParty.com site for personal, non-commercial use only. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from SWFloridaBirthdayParty.com that you make and distribute for any purpose must also include these Rules. You may not distribute, modify, transmit, use, or reuse any of the contents of this site for any public or commercial purpose without the written consent of SWFloridaBirthdayParty.com or any third party SWFloridaBirthdayParty.com deems necessary.

Copyrights

You should assume everything on the SWFloridaBirthdayParty.com site is copyrighted unless otherwise noted and may not be used except as provided in the Rules or with the express written consent of SWFloridaBirthdayParty.com or any third party SWFloridaBirthdayParty.com deems necessary.
Photographic images of people or places displayed on the SWFloridaBirthdayParty.com site are either the property of, or used with permission by, SWFloridaBirthdayParty.com. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the SWFloridaBirthdayParty.com site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
To obtain permission to use images from SWFloridaBirthdayParty.com:
1) Notify us by e-mail of your plan to use an image and how it will be used.
2) Do not to link to images on our server. Copy the image and upload it to your site. We may rearrange or rename images at any time and will do so if we find the images are being linked from another site.
3) Credit SWFloridaBirthdayParty.com as the source of the image along with a link to our site.

Trademarks

The trademarks and logos (collectively the "Trademarks") displayed on the SWFloridaBirthdayParty.com site are registered and unregistered Trademarks of SWFloridaBirthdayParty.com and others. Nothing contained on the SWFloridaBirthdayParty.com site should be construed as granting by implication, or otherwise, any license or right to use any Trademarks displayed on the SWFloridaBirthdayParty.com site without the written permission of SWFloridaBirthdayParty.com or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the SWFloridaBirthdayParty.com site is prohibited. SWFloridaBirthdayParty.com aggressively enforces its intellectual property rights via civil and criminal proceedings.

Submissions

Apart from your personal information, any communication or material you send to BirthdayPartyWebsites.com site, electronically or otherwise, including but not limited to data, questions, comments, suggestions or submissions is and will be treated as non-confidential and non-proprietary. BirthdayPartyWebsites.com may use anything you send to BirthdayPartyWebsites.com for any purpose including but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting.

Links

The fact that links are displayed on the site does not indicate any approval or endorsement of any material contained on any linked site. SWFloridaBirthdayParty.com is not responsible for the contents of any site linked to SWFloridaBirthdayParty.com; your connection to any such linked site is at your own risk.

 

Advertiser Information and Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

The sole obligation of SWFloridaBirthdayParty.com is to display the Listee content in accordance with the terms of this agreement.

Our business listings display services provided by the business.  We are a directory whose purpose it is is to consolidate local business information onto one platform for ease of use.  We provide information only, we do not do security checks on businesses, it is the parent or guardians responsibility to thoroughly check out a business.

 

Advertiser Listings

SWFloridaBirthdayParty.com in its sole discretion may accept or reject a listing. Incorrectly categorized listings may be terminated without refund or recategorized. Nothing in this agreement obligates SWFloridaBirthdayParty.com to place your listing within a specific category.

SWFloridaBirthdayParty.com reserves the right to refuse or edit all listings as well as the display format thereof. Prices for listings may change at any time without notice. Monthly plans will continue until canceled. Annual plans will renew the following year automatically on the anniversary month of the original order.

Listings may be cancelled by calling our toll free number found under our Contact Information or emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Your credit card will not be charged starting the next anniversary of listing submittal. All fees are non-refundable and non-creditable.

For monthly listings, you agree that your credit card will be charged (a) the current monthly fee on the date that you submit your listing (b) the current monthly fee on the same day of each subsequent month until listing is cancelled.  You authorize SWFloridaBirthdayParty.com to automatically charge your credit card each month the applicable monthly fee. You: (a) must keep your credit card information current; (b) authorize SWFloridaBirthdayParty.com to store your credit card and billing information; (c) authorize SWFloridaBirthdayParty.com to automatically charge your credit card each month; and (d) agree that your authorization is valid until termination by you, SWFloridaBirthdayParty.com or until your credit card expires. If at any time SWFloridaBirthdayParty.com is unable to successfully charge your credit card or the charge is refused, the display of your Listing may be suspended. If suspended, you will need to re-authorize SWFloridaBirthdayParty.com to charge your credit card at least the then-current minimum charge to re-enable the display of your Listing.

SWFloridaBirthdayParty.com enables users to rate and provide written reviews on you and your services or products, which will be publicly displayed. By participating in the Service, you agree to be subject to such rating and review features.

Refund Policy

Refund Policy – The annual listing fee for a Birthday Party vendor (“Listee”) is subject to the following conditions set forth below. Further, the refund policy is as follows: once a Listee has completed, submitted the listing application, and such application has been approved, and where such listing has been paid in full, then said Listee may elect, within thirty (30) days from approval of its Listing, request via certified letter, for any reason, a full refund of the Annual Listing Fee, which will be credited to Listee. However, if Listee elects to discontinue the display of its listing after the 30 day refund period, then there shall be no refund or pro-ration of rates in such instance. The monthly listing fees and banner ad fees are non-refundable. Owner intends this website directory to be operational 24 hours a day, 7 days a week. However, Owner does not guarantee that this will occur. Interruptions of service less than one day will not be compensated. Longer interruptions, other than caused by force majoure, will result in an extension of time for the Listing as Listee's sole compensation for interruption.  If the website should cease to exist within the listing contract time, a prorated refund will be credited to the Listee for the amount of time remaining.

Severability of Agreement

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Disclaimer of Warranties

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OWNERS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. OWNERS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY WEBSITES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL OWNERS BE LIABLE FOR INDIRECT, DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, OR WEBSITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT OWNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You, including User and Listee, agree to indemnify and hold harmless Owners, its directors, officers, employees, agents, co-branders, subsidiaries, listees, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with your use of the Web Site, Content you submit, post, or transmit through the Web Site, your breach of this Agreement or your connection to the Web Site.

Last Updated ( Friday, 14 January 2011 13:16 )
 
 

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