PRIVACY POLICY
This Privacy Policy explains how IYB, LLC (“we” or “us”) collects and utilizes your personal information when you use our products and services, including our mobile application, “It’s Your Birthday” (collectively, the “Services”).
In order to access the Services, you must provide a valid email address and set up a password for your account. When you use the Services, we also collect the following information: (a) information about the content that you submit to the Services, (b) information about who you send content to and the third party sites on which you post content, (c) information about the device you use to access the Services, including the hardware model, operating system, advertising identifier, browser type, language, wireless network and mobile network information, and (d) information about the content and pages that you view during the use of the Services. We may also, with your consent, collect information about your location and access the photos contained on your device. If you refuse to give your consent, certain parts of the Services will not have full functionality.
Like most major mobile applications and websites, we use cookies and other technology to provide you with a tailored experience when accessing the Services. We also use cookies to understand traffic patterns on the Services and to authorize access to certain trial content and product features. We treat any personal information that may be contained in cookies with the same level of confidentiality as other information you provide to us. We do not require that you accept cookies, however, some functionality on the Services may be disabled if you decline to accept cookies.
We use your personal information to:
Operate and maintain the Services;
Communicate with you concerning your account and customer service issues;
Improve the Services by providing personalized content recommendations;
Track content uploaded, accessed and downloaded, including for the purpose of paying royalties and license fees to applicable royalty participants and other copyright holders or content distributors;
Enhance the safety and security of the Services;
Provide you with updates, targeted advertising, promotions and special offers;
Better understand how the Services are used, including traffic patterns and what types of content are most popular with users of the Services; and
Enforce our Terms of Use and other usage policies.
We will not rent, sell or distribute your personal information without your consent, unless such sharing is necessary for the purposes set forth in this Privacy Policy. In some cases, however, access to certain aspects of the Services may require us to provide personal information to a third party, such as a content provider or distributor. The third party's use of such information is governed by that party's privacy policy and our use is governed by this Privacy Policy. Please visit the privacy policy of the content partner to make sure you understand how they use the personal information you provide to them.
We may disclose relevant information about our customers to our contractors or service providers (e.g., a customer service contractor) in order for them to provide specific services. Also, we may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on us; (d) protect and defend our rights or property; (e) investigate and remedy potential violations of our Terms of Use; or, (f) protect the personal safety of users of the Services or the public at large. If we are involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of some or all of our business, we may share your personal information with that company before and after the transaction is finalized. We may also share with third parties aggregated information that cannot reasonably used to identify you.
The Services make certain additional content and features available through in-app purchase(s). Such purchases utilize third party service providers and all information provided to such third parties is subject to the privacy policy of the applicable third party. Further, the Services may contain links or integrations to third party products and services. By accessing those links or integrations, you may be providing personal information to the third party. We are not responsible for the privacy practices or the content of such third parties. Please visit the privacy policies of these third parties in order to understand their privacy policies and information collection practices.
If you would like to specifically request deletion of any account data pertaining to your account with us, you can delete your account by accessing the delete account feature in our app under settings.
If you are seeking to delete any data pertaining to third party applications, i.e. Facebook, we do not store your facebook information on our app as we do not utilize facebook login features. Our usage of the facebook application is strictly for you to share your video from the app to your facebook feed/wall. As such, none of your facebook data is stored with us.
We may revise this Privacy Policy as needed to keep it up to date with the Services. We will post any changes to the Privacy Policy on this page.
We acknowledge that we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome feedback on any privacy concerns you may have and on how to improve the Services generally. We do not guarantee error-free performance under this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it.
TERMS OF USE
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU ("YOU") AND IYB, LLC ("WE" OR “US”). BEFORE ACCESSING OR USING ANY PART OF OUR MOBILE APPLICATION “IT’S YOUR BIRTHDAY” OR OUR OTHER PRODUCTS OR SERVICES, INCLUDING ANY WEBSITES OWNED OR CONTROLLED BY US THAT ARE ASSOCIATED WITH THE APPLICATION (COLLECTIVELY, THE “SERVICES”) YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE (THE “AGREEMENT”) SINCE IT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT YOU ARE NOT GRANTED PERMISSION TO USE THE SERVICES.
THE SERVICES ARE NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE SERVICES.
By using this Services, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain other products and services provided by us, which will be presented in connection with those products and services. Our Privacy Policy is hereby incorporated into this Agreement by reference. This Agreement does not cover your rights or responsibilities with respect to third party content or services or any links that may direct your browser or your connection to third party services or websites.
RIGHTS GRANTED TO YOU. We grant to you a worldwide, non-exclusive, royalty-free, non-assignable, revocable and non-sublicensable license to access and use the Services. The Services are solely for your noncommercial, personal use.
RIGHTS GRANTED BY YOU. The Services allow you to upload audio-visual materials and to create, receive and distribute audio-visual content. As between you and us, you retain all of your rights in the content uploaded by you, however, you grant to us a worldwide, perpetual, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content.
OWNERSHIP OF INTELLECTUAL PROPERTY. As between you and us, the Services, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Services (individually and collectively, "Material"), are and will be our property and are protected under U.S. Federal and State, and applicable foreign laws, regulations and treaties. You may not alter, delete or conceal any copyright or other notices contained in the Services, including notices on any Material you download, transmit, display, print or reproduce from the Services. Our name and logo, and other trademarks used in connection with the Services (collectively, the “Trademarks”), are owned or controlled by us or a third party owner. Nothing contained herein or on the Services may be construed as granting any license or right to you to use any Trademark. We may terminate this Agreement and your right to access and use the Services for any unauthorized use of any Trademarks, in our sole discretion, at any time, with or without notice to you.
COPYRIGHT POLICY. We respect intellectual property rights and expect our users to do the same. You agree that you will not upload or submit to the Services any content that violates or infringes upon any intellectual property rights, including copyrights, rights of publicity or privacy, moral rights or any other rights of ours or of any other person or entity. If we become aware of any infringing material, we will act expeditiously to remove or disable access to the such material. If we become aware that one of our users has repeatedly infringed the copyrights of others, it is our policy to terminate such user’s account.
If you are a copyright owner or an agent thereof and you believe that anything on the Services infringes upon your copyrights, please contact copyright@itsyourbirthdayapp.com or write to us at 1237 Campbell Road, Houston, Texas 77055, Attn: Copyright Manager, with the following information (which must comply with 17 U.S.C. 512(c)(3)): an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
RULES OF CONDUCT. Your use of the Services is subject to all applicable local, state and federal laws and regulations and, in some cases, international treaties. You may not use, or allow or enable others to use, the Services in any manner that is, attempts to, or could reasonably be determined: (a) to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially or ethnically insensitive, harassing, intimidating, threatening, discriminatory or abusive, or which may or may appear to impersonate anyone else, which may be harmful to a minor or which encourages conduct that would be considered a criminal offense; (b) to affect us adversely or reflect negatively on us or the Services or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of the Services; (c) to send or result in the transmission of junk email, unsolicited messages, or socalled "spamming" and "phishing"; (d) for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of consideration; (e) to transmit, distribute or upload programs or material that contain malicious code, such as viruses, worms, trojan horses, spyware, or other potentially harmful or disruptive programs or other material or information; (f) to violate any laws, regulations, judicial or governmental order or any treaties; (g) to be intended to gain unauthorized access to the Services, or to use the Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement; or, (h) to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Services or the rights of use and enjoyment of the Services by any other user.
IN APP PURCHASES. The Services make certain additional features available through in-app purchase(s) (“In App Purchases”). In App Purchases utilize third party service providers and purchases are subject to their respective terms and conditions of use. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you are required to provide to any such third party, and you irrevocably waive any claim against us with respect to such third party services. Prices and availability of any In App Purchases are subject to change without notice.
LINKS TO THIRD PARTY SERVICES. The appearance, availability, or your use of URLs or links referenced or included anywhere in the Services or any other form of link or redirection of your connection to, with or through the Services, does not constitute an endorsement by, nor does it create any obligation, responsibility or liability on our part or on the part of any of our affiliates. We do not verify, endorse or have any responsibility for any such third party’s business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such goods or services. If you submit, post or display any audio-visual content created via the Services on any third party service, or if you comment on or exchange information regarding any such content, all such activities are subject to the terms and conditions of use of the applicable third party or parties.
DISCLAIMER AND LIMITATIONS OF LIABILITY. THE SERVICES AND MATERIALS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, security and validity of any and all features and functions of the Services, including, without limitation, Materials associated with your use of the Services.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE, NOR ANY OF OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS, WILL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, THE CONDUCT OR CONTENT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES OR THE UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID US, IF ANY, IN CONNECTION WITH YOUR USE OF THE SERVICES.
INDEMNIFICATION. You agree to indemnify, defend and hold us, and any of our affiliates, or any of our or their successors and assigns, and any of our or their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers and service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees and court costs), resulting from any breach or violation of this Agreement by you or anyone accessing the Services through your account.
PRIVACY. We respect your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of the Services.
MODIFICATIONS. We reserve the right, in our sole discretion, to modify the terms of this Agreement. We will post or display notices of material changes on the Services. If you use the Services after the changes become effective it will signify your agreement to be bound by the changes.
MISCELLANEOUS TERMS. This Agreement, together with our Privacy Policy, contains the entire understanding and agreement between you and us regarding your use of the Services and supersedes any and all prior understandings relating to your use of the Services. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such holding will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce the terms of this Agreement will survive the termination of this Agreement. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone.
ARBITRATION. You and we agree that any dispute between you and us arising out of or related to this Agreement or the Services will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (the “AAA”) and conducted under the then-current rules of the AAA, except as otherwise provided below. You and we will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute between you and us. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT TO ARBITRATE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and, instead, all claims and disputes will be resolved in a court as set forth below. The arbitration will be held in Houston, Texas. Any decision rendered in such arbitration proceedings will be final and binding on the parties and judgment may be entered thereon in any court of competent jurisdiction. In the event that either party brings a dispute in a forum other than the AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. As stated below, Texas law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate will survive termination of this Agreement. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW OR HEREAFTER HAVE TO A TRIAL IN FRONT OF A JURY.
CHOICE OF LAW; VENUE. This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Texas, applicable to contracts made, executed and wholly performed in Texas, without regard to conflict of laws principles, and, for the purposes of any and all legal or equitable actions, subject to the arbitration requirements above, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Harris County, Texas, and you agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.