TERMS OF USE AGREEMENT
(WEB SITE LEGAL TERMS AND DISCLAIMER)

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS
SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS.
CAREFULLY READ ALL OF THE FOLLOWING TERMS AND
CONDITIONS BEFORE PROCEEDING. ACCESSING THIS
WEBSITE BY CLICKING THE .PROCEED. BUTTON IS THE EQUIVALENT OF YOUR
SIGNATURE AND INDICATES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS AND THAT YOU INTEND
TO BE LEGALLY BOUND BY THEM.
This is an agreement between you (.You.) and RememberMyBirthday.com (the .Company.). .We. and .Us. means
both You and the Company. The effective date of this Agreement is
when You accept this Agreement in accordance with the procedure
set out above.
You hereby consent to the exchange of information and
documents between Us electronically over the Internet or by e-mail, if
to You to e-mail specified in sign-in form or if to Company support@remembermybirthday.com and that this electronic Agreement shall be the
equivalent of a written paper agreement between Us.

1.  OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports,
data, databases, graphics, interfaces, web pages, text, files, software,
product names, company names, trade-marks, logos and trade names
contained on this web site (collectively the .Content.) including the
manner in which the Content is presented or appears and all
information relating thereto, are the property of their respective
owners as indicated, the Company or its licensors, as the case may be.

2. PERMITTED USE

The Company hereby grants to You a personal, non-transferable
and non-exclusive license to access, read and download one copy of
the Content.

3.  RESTRICTIONS ON USE

You agree that You will not:

(i) distribute the Content for any purpose including
without limitation compiling an internal database,
redistributing or reproduction of the Content by
the press or media or through any commercial
network, cable or satellite system; or

(ii) create derivative works of, reverse engineer,
decompile, disassemble, adapt, translate, transmit,
arrange, modify, copy, bundle, sell, sub-license,
export, merge, transfer, adapt, loan, rent, lease,
assign, share, outsource, host, publish, make
available to any person or otherwise use, either
directly or indirectly, the Content in whole or in
part, in any form or by any means whatsoever, be
they physical, electronic or otherwise. You shall
not permit, allow or do anything that would
infringe or otherwise prejudice the proprietary
rights of the Company or its licensors or allow any
third-party to access the Content. The restrictions
set out in this Agreement shall not apply to the
limited extent the restrictions are prohibited by
applicable law.


4.  LICENSE TO USE YOUR INFORMATION

With the exception of personal information, You hereby grant to
the Company the perpetual, unlimited, royalty-free, worldwide, nonexclusive,
irrevocable, transferable license to run, display, copy,
reproduce, publish, bundle, distribute, market, create derivative works
of, adapt, translate, transmit, arrange, modify, sub-license, export,
merge, transfer, loan, rent, lease, assign, share, outsource, host, make
available to any person or otherwise use, any information or other
content You provide on or through this web site or which is sent to
the Company by e-mail or other correspondence, including without
limitation, any ideas, concepts, inventions, know-how, techniques or
any intellectual property contained therein, for any purpose
whatsoever. The Company shall not be subject to any obligations of
confidentiality regarding any such information unless specifically
agreed by the Company in writing or required by law. You represent
and warrant that you have the right to grant the license set out above.

5. PERSONAL INFORMATION

The Company may from time to time, but is not obligated to,
monitor your use of the web site and collect, store, use
personal information about You for improvements to the system and statistic analysis
 and You hereby consent to
such collection, storage, use and disclosure and waive any right of
privacy You may have. To learn more about how RememberMyBirthday.com deals
with privacy you must read the PRIVACY POLICY.
YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN
PERSONAL INFORMATION STORED BY COMPANY BY DELETING OR
MODIFYING YOUR ACCOUNT VIA LINK IN E-MAIL.

6.  LIMITATIONS ON LIABILITY AND DISCLAIMERS

ALTHOUGH THIS WEB SITE USES ENCRYPTION
SECURITY THERE IS NO GUARANTEE THAT PERSONAL
INFORMATION AND TRANSACTIONS ON THIS WEB SITE
OR ON THE INTERNET WILL BE MAINTAINED
CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE
AND THE CONTENT IS AT YOUR OWN RISK AND THE
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY
PERTAINING TO THE CONTENT, YOUR USE OF THE WEB
SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR
OTHER USE OF YOUR PERSONAL INFORMATION.
This web site and its Content are not to be construed as a form of
promotion or an offer to sell any product or service. This web site
may contain links to other sites. The Company does not assume
responsibility for the accuracy or appropriateness of the information,
data, opinions, advice, or statements contained at such sites, and when
You access such sites, You are doing so at Your own risk. In
providing links to the other sites, the Company is in no way acting as
a publisher or disseminator of the material contained on those other
sites and does not seek to monitor or control such sites. A link to
another site should not be construed to mean that the Company is
affiliated or associated with same. THE COMPANY DOES NOT
RECOMMEND OR ENDORSE ANY OF THE CONTENT,
INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO
OR CONTENT FOUND, ON OTHER WEB SITES. The mention of
another party or its product or service on this web site should not be
construed as an endorsement of that party or its product or service.
The Company will not be responsible for any damages You or
any third-party may suffer as a result of the transmission, storage or
receipt of confidential or proprietary information that You make or
that You expressly or implicitly authorize the Company to make, or
for any errors or any changes made to any transmitted, stored or
received information.
You are solely responsible for the retrieval and use of the Content.
You should apply Your own judgment in making any use of any
Content, including, without limitation, the use of the information as
the basis for any conclusions.


THE CONTENT MAY NOT BE ACCURATE, UP TO DATE,
COMPLETE OR UNTAMPERED, MAY INCLUDE TYPOGRAPHICAL  ERRORS,
AND IS NOT TO BE RELIED UPON.
THE CONTENT IS PROVIDED FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE
INTERPRETED AS A RECOMMENDATION FOR ANY
SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF
ACTION. THE CONTENT ON THIS WEB SITE IS NOT
INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND
FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO
OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED INDUSTRY
PROFESSIONAL TO MEET YOUR
NEEDS. YOU SHOULD NOT ACT OR RELY
ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF
A QUALIFIED PROFESSIONAL.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES
AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE
THROUGH THIS WEB SITE ARE PROVIDED .AS IS.
WITHOUT ANY REPRESENTATIONS, WARRANTIES,
GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO
UNINTERRUPTED OR ERROR FREE OPERATION,
AVAILABILITY, ACCURACY, COMPLETENESS,
CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY,
SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY,
QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A
COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES,
AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE
DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
AGGRAVATED, ECONOMIC OR CONSEQUENTIAL
DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT
LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS
OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS
LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT WILL COMPANY, ITS AFFILIATES,
AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE
DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES
OR LOSSES RESULTING FROM: VIRUSES, DATA
CORRUPTION, FAILED MESSAGES, TRANSMISSION
ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE
PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE
INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY
CONTENT, PRODUCTS OR SERVICES; DAMAGES OR
LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE
EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF
USE OR LACK OF AVAILABILITY OF FACILITIES
INCLUDING COMPUTER RESOURCES, ROUTERS AND
STORED DATA; THE USE OR INABILITY TO USE THIS WEB
SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED
TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE
REASONABLE CONTROL OF THE COMPANY, EVEN IF THE
COMPANY OR ANY OF ITS LAWFUL AGENTS, OR
EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR CLAIM.
IN NO CASE WILL THE COMPANY.S, ITS AFFILIATES.,
AGENTS., LICENSORS., SUPPLIERS., AND THEIR
RESPECTIVE DIRECTORS. AND EMPLOYEES.
CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY
CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION
BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS
NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE
AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT
TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE
CLAIM AROSE.


THE COMPANY ASSUMES NO OBLIGATION TO UPDATE
THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE
MAY BE CHANGED WITHOUT NOTICE TO YOU. THE
COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR
INFORMATION THAT YOU MAY FIND UNDESIRABLE OR
OBJECTIONABLE. THE COMPANY DISCLAIMS ANY
LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION
OF ANY PORTION OF THE WEB SITE. ACCESSING THE
CONTENT FROM TERRITORIES WHERE IT MAY BE
ILLEGAL IS PROHIBITED.

7. TERMINATION

This Agreement is effective until terminated by the Company,
with or without cause, in the Company.s sole and unfettered
discretion. The Company may terminate this Agreement without
notice to You if You fail to comply with any of its terms. Any such
termination by the Company shall be in addition to and without
prejudice to such rights and remedies as may be available to the
Company, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination,
interpretation, Your license to the Company, Your warranty and the
indemnity provisions of this Agreement shall survive the termination
or expiry of this Agreement.

8. INDEMNITY

You agree at all times to indemnify, defend and hold harmless the
Company, its agents, suppliers, affiliates and their respective directors
and employees against all actions, proceedings, costs, claims,
damages, demands, liabilities and expenses whatsoever (including
legal and other fees and disbursements) sustained, incurred or paid by
the Company directly or indirectly in respect of:

(i) any information or other content You provide on or
through this web site or which is sent to the Company
by e-mail or other correspondence; or

(ii) Your use or misuse of the Content or this web site,
including without limitation infringement claims

9. GOVERNING LAW

The Company, this web site and the Content (excluding linked
web sites or content) are physically located within EU and US. This
Agreement will be governed by the laws of EU and US.

10. DISPUTE RESOLUTION

In the event of a dispute, We agree to submit to the jurisdiction of
the EU and/or US courts.

11. INTERPRETATION

The division of this Agreement into sections and the insertion of
headings are for convenience of reference only and shall not affect the
construction or interpretation of this Agreement. In this Agreement,
words importing the singular number include the plural and vice
versa, words importing gender include all genders; and words
importing persons include individuals, sole proprietors, partnerships,
corporations, trusts and unincorporated associations.

12. ENTIRE AGREEMENT

These terms and conditions and any and all legal notices on this
web site constitute the entire agreement between You and the
Company with respect to the use of this web site and the Content. No
supplement, modification or amendment to this Agreement and no
waiver of any provision of this Agreement shall be binding on the
Company unless executed by the Company in writing. No waiver of
any of the provisions of this Agreement shall be deemed or shall
constitute a waiver of any other provision (whether or not similar) nor
shall such waiver constitute a continuing waiver unless otherwise
expressly provided.


13. SEVERABILITY
Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to that jurisdiction, be
ineffective to the extent of such prohibition or unenforceability and
shall otherwise be enforced to the maximum extent permitted by law,
all without affecting the remaining provisions of this Agreement or
affecting the validity or enforceability of such provision in any other
jurisdiction.

14. ENUREMENT
This Agreement shall inure to the benefit of and be binding upon
each of Us and our respective successors and permitted assigns. You
acknowledge having read this Agreement before accepting it, having
the authority to accept this Agreement and having received a copy of
this Agreement.
© RememberMyBirthday.com, 2004, Slovenia.
RememberMyBirthday.com is the service-mark
of GrupaTNT.org.