Disclaimer: The Birthday Wall campaign

General Terms

1 Definitions

Supplier: Rituals Cosmetics located in Amsterdam, registered in the Netherlands at the Chamber of Commerce under number: 28116601.

Birthday Wall: A public page created by User for a friends birthday. Content on the page is publicly visible, to add content to the page other users need to connect with their Facebook account.

Visitor: Every natural person or successor visiting the internet domain: www.bdaywall.com, hereafter to be called the “website”.

Files: The underlined but not limited to, pictures, data, materials as well as other materials, or otherwise digitally transferrable materials, uploaded or downloaded to/from the Birthday Wall website.

Services: The among other things, offering of a digital platform, accessible to the user through the internet whereupon the User can publish messages and pictures by Uploading them or by explicitly granting access to his/her Facebook profile.

Downloading: Transferring or copying Files from a server to a local computer.

User: Every natural person or successor using the Services on http://www.bdaywall.com by means of logging in to the application with their Facebook account.

Uploading: Placing Files from a local computer onto the server of http://www.bdaywall.com

2. Relevance

These general terms apply to Visitors and Users on http://www.bdaywall.com, in the broadest way. By using the Services on http://www.bdaywall.com, the User accepts all that is determined in these general terms and accepts to have taken notice of the terms and to be bound to them. By using the Services on http://www.bdaywall.com and connecting with a Facebook account, User automatically agrees to Facebook’s Statement of Rights and Responsibilities (http://www.facebook.com/terms.php?ref=pf) and Facebook’s Privacy Policy (http://www.facebook.com/policy.php). Supplier has the right to adjust these general terms at any given moment. If the User uses the Services on http://www.bdaywall.com after adjustments have been made in these general terms, the User silently agrees to these “new” general terms.

3. Services

Supplier offers its Users a platform conform the already formulated definition of Services. The formulated definition is a non-limitative description. Supplier only offers a platform on which Users can publish their own text and images. The responsibility of the quality of or rights to these Files is for the account of the User himself. Consequently, Supplier can practice little to no influence on the uploaded material. Supplier has no control of the quality, legality or safety of uploaded Files. Supplier declines any shape of legal responsibility for the handling and/or neglecting of its Users with relation to data, Files, and all things considered to be published through the website.

4. The Birthday Wall

4.1 A User can create a Birthday Wall for a friend on http://www.bdaywall.com. To create a Birthday Wall, both the User and the friend have to be friends on Facebook. User agrees to have the explicit permission of his friend to make him/her a Birthday Wall.

4.2 If a User or Visitor does not agree with a created Birthday Wall, uploaded text or uploaded image then they can flag the page in the website on the bottom of the page.
Supplier is never responsible for the content that Users upload on http://www.bdaywall.com.

4.3 A Birthday Wall can only be created during the course of the campaign, starting on June 3 2011 till June 30 2011.

4.4 A Birthday Wall will automatically expire 90 days after it has been created..

4.5 Supplier cannot guarantee but undertakes that the Birthday Wall will not be indexed by search engines.

4.6 If a minimum of 10 different people leave a Birthday Wish on a Birthday Wall, Supplier will send a free gift to the User whose Birthday it was. The gift will only be sent if User whose Birthday it was reveals him/herself on the Birthday Wall within 7 days after his Birthday. The first 1000 Users whose Birthday it was and that have revealed him/herselves correctly will receive a Rituals giftset with a retail value of € 9,90, the remaining applicants will receive an alternative free gift which may have a different retail value.

4.7 Supplier has the right to refuse or delete any Birthday Wall that has been made by a User without prior notice.

4.8 Gifts will only be sent to Users which are resident of one of the following countries: The Netherlands, Belgium, Germany, United Kingdom, Spain, Portugal, Italy,, Sweden, Croatia, Czech Republic or Lithuania.

5. Illegal

5.1 User is not allowed to use the Services on http://www.bdaywall.com in an unlawful or illegal way.

5.2 User will not publish images or other Files and materials loaded with any form of intellectual property right by third parties through http://www.bdaywall.com. In case this does occur, the User explicitly safeguards Supplier from all responsibilities and/or damage of material, immaterial nature, directly or indirectly, suffered by third parties that raised in any way by the unlawful use of the website.

5.3 The User is absolutely not allowed to remove, change, hide or make reports of intellectual property rights or other rights unreadable.

5.4 The User is not allowed to place illegal, damaging, pornographic, vindictive, offending, discriminating or in any other way right- of privacy-damaging content on http://www.bdaywall.com, under penalty of resignation of the account. User accepts that in case third parties reasonably object to the publication of Files uploaded by the User, Supplier has the right to remove those Files immediately without being obligated to any restitution of any nature against this User.

5.5 The User is not allowed to upload computer viruses in the broadest way of speech or Files contaminated with viruses or otherwise contaminated Files onto the website. In case by cause of or through uploaded Files of the User, software and/or hardware of http://www.bdaywall.com or third parties gets contaminated with the viruses or otherwise as mentioned above, the User is responsible for all caused damage to Supplier or third parties resulting from that.

6. License

6.1 User declares to be the complete rightful claimant of all his uploaded Files and first of all stays the complete rightful claimant after Uploading Files, data or materials of the intellectual property rights resting on it.

6.2 User grants and declares to Supplier to be fully authorized for this, a cost-free, worldwide, non-exclusive license for publicizing Files, data, audio, or materials through the website. Among which explicitly but not limited to the portrait right and copyright as well as multiplying and or spreading the Files, data, audio or materials for any purpose among which explicitly but not limited to advertising or marketing purposes.

6.3. User accepts that after Uploading the Files, the Files can be used by Visitors and/or other users of http://www.bdaywall.com. Supplier is not responsible for the possible unlawful use by third parties, meaning in contrary with the law, with these terms, and incriminating use that is not mentioned in these terms, of the uploaded Files and safeguards Supplier from damage claims of the User and/or third parties.

7. Circumstances beyond control

Any shape of circumstances beyond one's control such as and with the accent on but not limited to: accidents, fire, flood, war, other natural disasters, defects of equipment, failure of services of third parties Supplier depends on, acts of the government, strikes, revolts and/or any circumstance Supplier cannot influence, whereby the following of its obligations against the User is entirely or partially obstructed is a non-accountable shortcoming that offers Supplier the right to hold its obligations by virtual of the agreement in abeyance for the period in which the circumstances beyond control are occurring.

8. Applicable law
These General Terms, the Services on http://www.bdaywall.com, the Agreement and all of the parties’ rights and obligations shall be governed by and interpreted in accordance with Dutch law. In case of a Dispute this shall be settled at the request of either party by the competent civil court in Amsterdam, the Netherlands.

Privacy Policy

Bdaywall.com by Rituals Cosmetics respects the privacy of the visitors and users of http://www.bdaywall.com and takes great care to protect your information. This privacy policy tells you what information we collect from you, how we may use it and the steps we take to ensure that it is protected.

What kind of information do we collect?

There are cases where http://www.bdaywall.com may ask you for personal information. In all these situations you will have to connect with your Facebook account to provide this information. Make sure you read the Facebook guidelines below. All information gathered will be used for the sole purpose of creating or extending a Birthday Wall on the website http://www.bdaywall.com.
We might also collect information from you about a third party, for instance if you want to make a Birthday Wall for a friend, in which case we need to know the name, birthday and the Facebook profile picture of the recipient. That information will only be used for the specific purpose and Rituals Cosmetics will not further contact the third party unless the third party contacts us. Make sure you have the explicit permission of the third party, or else don’t make a Birthday Wall for him/her. http://www.bdaywall.com will not retrieve any personal information without your approval.

We use 'cookies' to gather information about your visits to our website and enhance your experience. You can find more information on how we use cookies in the section below.
When you visit our website we collect so called ‘click stream’ data (server address, domain name etc). This information can be combined with information you have provided to us (for instance by making a Birthday Wall), which will enable us to analyze and better customize your visits

Facebook Privacy Policies

Bdaywall.com respects Facebook’s Statement of Rights and Responsibilities (http://www.facebook.com/terms.php?ref=pf) and Facebook’s Privacy Policy (http://www.facebook.com/policy.php). When connecting on http://www.bdaywall.com with Facebook visitors will automatically agree to these policies.

Use of Visitors’ Information

All personal information that we obtain about you will be recorded, used and protected by us in accordance with current data protection legislation and this privacy policy. We will primarily use your personal information to provide products and services to you. We only send you this if you have opted-in to receive Rituals Cosmetics e-mails. This information may relate to products, offers and news of Rituals Cosmetics and/or its licensees or carefully selected commercial partners. In case you do not want to receive any e-mails from us anymore, or if you want to modify your personal data or want your personal data to be deleted from our database, we refer you to the 'Opt-out, delete or modify personal information' section below.
To analyze visits to the website and learn about the interests of our visitors in aggregate and also on personal level to better understand your interest and need, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.

Who manages Visitors’ Information

The website http://www.bdaywall.com and the information collected, are managed and controlled by Rituals Cosmetics (Rokin 46 - 1012 KV Amsterdam, The Netherlands.). The servers that make http://www.thebdaywall.com available are located in the Netherlands. If you are located outside the Netherlands please note that the information you provide will be transferred to the Netherlands and by submitting the information you authorize this transfer. Rituals Cosmetics has entered into an agreement with the hosting company in the Netherlands to provide sufficient safeguards for the protection of your data. Personal information will be handled in accordance with current data protection legislation and this Privacy Policy.

Protection of visitors’ information

In order to protect the information you provide to us by visiting our website we have implemented various security measures. Your personal information is contained behind secured networks and is only accessible by a limited number of people, who have special access rights and are required to keep the information confidential.
Please keep in mind though that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Rituals Cosmetics strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

Third Parties

Disclosing personal information to third parties

Other than to Rituals Cosmetics the purposes set out above, and except as described below we do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance and in accordance with applicable data protection law. Rituals Cosmetics values the privacy and protection of your personal information. Your data may be transferred to web site hosting partners and other parties who assist us in designing and operating the website, executing services (for instance prize fulfillment) or help us analyze collected data. These parties will only use your data for the purpose of carrying out the work as indicated and will be required to keep the information confidential. We will also release personal data if such is required by law.

Links to Third Parties

For your convenience and to improve the usage of the website we insert links to third parties, for which this privacy policy does not apply. These links take you outside our service and off the http://www.bdaywall.com website and are beyond our control. The sites you can link to have their own separate privacy policy and although we seek to protect the integrity of our site, Rituals Cosmetics is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites is therefore entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal information

Use of cookies

A cookie is a small string of information that the website that you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used to remember for instance your user name and password.
You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (like internet explorer). There are also software products available that can manage cookies for you. Please be aware though that when you have set your computer to reject cookies, it can limit the functionality of the website you visit and it’s possible then that you do not have access to some of the features on the website.

Opt-out, delete or modify personal information

You may cancel your registration at any time, and you can choose to opt-out of receiving any e-mails from Rituals Cosmetics. Additionally you can choose to have all your personal information deleted from our database.
If you want to opt-out, delete or modify your personal information, please send an email to contact@bdaywall.com.

Changes to the policy and how to contact us

Changes to the policy

We may from time to time need to amend this policy, due to changes in regulations and to keep up with new developments and possibilities on the internet. We therefore reserve the right at our discretion to make these changes and ask you to check this page periodically, as you are bound by these changes when visiting our website.

How you can contact us
If you have any questions or comments relating to our website and/or the privacy policy, please email us at: contact@bdaywall.com.

Your consent

By using the Rituals Cosmetics websites you signify that you agree to the terms of this Privacy Policy as well as to our Terms and Conditions. If you do not agree with the terms of our Privacy Policy and our Terms and Conditions please do not provide us with personal information and leave this website.

Online policy

The Privacy Policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond Rituals Cosmetics control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through our website and not to information collected offline.