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.
