Terms and Conditions
Welcome to BirthdayEnergy.com! These terms and conditions outline the rules and regulations for the use of BirthdayEnergy.com’s website. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use BirthdayEnergy.com’s website if you do not accept all of the terms and conditions stated on this page.
1. Definitions
In these terms and conditions:
- “Website” refers to BirthdayEnergy.com.
- “User, ” “you, ” and “your” refer to you, the person accessing this website and accepting the Company’s terms and conditions.
- “Company, ” “we, ” “our, ” and “us” refer to BirthdayEnergy.com.
- “Products” refer to the customizable birthday merchandise offered for sale on the Website.
- “AI Design Studio” refers to the artificial intelligence-powered design tool available on the Website.
2. Use of the Website
You must be at least 18 years of age to use our website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
3. Account Registration
To access certain features of the Website, such as saving designs or tracking orders, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Products and Orders
All orders are subject to acceptance and availability. We reserve the right to refuse any order.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product at any time without notice.
We make every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
Customized products created using the AI Design Studio are subject to your approval. You are responsible for ensuring the accuracy and appropriateness of the designs you create.
5. AI Design Studio
The AI Design Studio allows you to generate editable designs via prompts. You are solely responsible for the prompts you provide and the resulting designs.
We do not claim ownership of the designs you create using the AI Design Studio. However, by using the AI Design Studio, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your designs for the purpose of providing and improving our services.
You agree not to use the AI Design Studio to create designs that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
6. Intellectual Property
The content, layout, design, data, graphics, and other materials on this website are protected by intellectual property laws and are owned by or licensed to BirthdayEnergy.com. You may not reproduce, distribute, modify, or create derivative works of any content on this website without our prior written consent.
The BirthdayEnergy.com name and logo are trademarks of BirthdayEnergy.com. You may not use these trademarks without our prior written consent.
7. User Content
You may be able to submit content to the Website, such as reviews or comments. You retain all ownership rights to your content. However, by submitting content to the Website, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content for the purpose of providing and improving our services.
You are solely responsible for your content and the consequences of submitting it. You agree not to submit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
8. Limitation of Liability
To the fullest extent permitted by applicable law, BirthdayEnergy.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Website; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Website; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party; (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
9. Disclaimer of Warranties
The Website is provided on an “as is” and “as available” basis. BirthdayEnergy.com makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
10. Indemnification
You agree to indemnify, defend, and hold harmless BirthdayEnergy.com, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
11. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
12. Changes to Terms and Conditions
BirthdayEnergy.com reserves the right to modify these terms and conditions at any time without notice. Your continued use of the Website following any changes constitutes your acceptance of the new terms and conditions.
13. Contact Information
If you have any questions about these terms and conditions, please contact us at [Your Contact Email Address].