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Welcome to Birthday Bards! By using birthdaybards.com and/or the services of Birthday Bards, LLC (“Birthday Bards” “we,” “our,” or “us”), you agree to the following terms, which we may amend or update from time to time:
- We provide custom artificial intelligence (“AI”) assisted poetry and AI-assisted images based on customer input and preferences.
- Customers provide personal information, reference images, and consent to data processing when they place an order.
- Customers select their desired product, provide necessary details about the recipient, and choose any additional customization options.
- All of the prices for our products and services on birthdaybards.com are listed in US Dollars and are subject to change without notice.
- Full payment by you is due upon the placement of your order on birthdaybards.com, and we accept Apple Pay, Google Pay, Visa, Mastercard, and American Express.
- Taxes and fees, if applicable, will be added to your order total during the checkout process.
Copyright and Intellectual Property:
- The copyright and associated intellectual property rights of the poems and/or images we create or author is owned by and shall remain with Birthday Bards.
- Customers are granted a non-exclusive, non-transferable license to use the content for personal, non-commercial purposes.
- Any unauthorized reproduction, distribution, or commercial use of our content without our express, written consent is prohibited.
Cancellation, Refund, and Revision Policy:
- Cancellations and refunds shall only be accepted within seven (7) days of placing an order.
- Customers may make three (3) free revisions within seven (7) days of receiving their order. Any additional revisions may incur extra charges.
- No refunds shall be issued for completed orders that meet the agreed-upon specifications.
Disclaimer of Warranties and Limitation of Liability:
- Our services are provided “as is” without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We are not liable for any damages arising from the use or inability to use our services, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages.
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
- Any disputes arising from these terms will be resolved through a combined Mediation and Arbitration process, in which parties will first attempt mediation, followed by arbitration if mediation is unsuccessful in reaching a resolution.
- The mediation process will be conducted by a neutral third-party mediator who will facilitate communication, help identify issues, and encourage creative problem-solving without making any binding decisions.
- If mediation fails to resolve the dispute, the parties will proceed to arbitration (as further detailed in the Arbitration Agreement provisions below), which will be conducted by a neutral third-party arbitrator or a panel of arbitrators. The arbitrator(s) will hear the arguments and evidence presented by both parties and make a binding decision, called an arbitral award.
- The Mediation-Arbitration process will be conducted in accordance with the laws of Ohio, and any arbitration award will be enforceable as per the applicable laws.
- In case of any complaints or concerns regarding our services, customers are encouraged to contact us first so that we may attempt to resolve the issue amicably.
- All arbitrations will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), and will be administered by the AAA. The AAA Rules and Forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879. You may download or copy a form to initiate arbitration at www.adr.org.
- The arbitrator shall be bound by the terms of this arbitration agreement and shall decide any and all relating to the scope and enforceability of this arbitration agreement. At the conclusion of the arbitration proceedings, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law upon which the award is based.
- The payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). The right of either party to recover attorneys’ fees, costs and arbitration fees, shall be governed the laws that apply to the parties’ dispute, as well as any applicable arbitration rules.
- You agree that any arbitration shall take place in Ohio and any arbitration award may be converted to a judgment in Ohio state and federal courts.
Content Usage Policy:
By purchasing content provided by Birthday Bards, you agree to the following:
- The content, including poems and images, may be used for both personal and commercial purposes. You are granted a non-exclusive, non-transferable license to use the content for any lawful purpose.
- You are allowed to modify, reproduce, or create derivative works from the content without obtaining written permission from Birthday Bards.
- While attribution to Birthday Bards is not required, it is appreciated if you choose to give credit to our business when sharing or reposting the content on social media or other platforms.
- Birthday Bards reserves the right to request the removal of any content that is found to be used in a manner that is unlawful or violates the rights of others.
- Failure to comply with this Content Usage Policy may result in legal action, including but not limited to, copyright infringement claims and the termination of your access to our services.