Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Loyal Patron LLC doing business as The Birthday CLUB ("Company," "we," "us," "our"), a company registered in Pennsylvania, United States at 1933 Wellington Drive, Langhorne, PA 19047.

We operate the website https://thebirthdayclub.app (the "Site"), the mobile application The Birthday CLUB (the "App"), as well as other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at 800-978-1338, email at info@thebirthdayclub.app, or by mail to 1933 Wellington Drive, Langhorne, PA 19047, United States.

These legal terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Birthday CLUB, concerning your access to and use of the Services. You agree that by accepting the Services, you have read, understood, and agreed to be bound by all of the Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the date any revised Legal Terms are posted constitutes your acceptance of those changes.

The Services are intended for users who are at least 13 years of age. Persons under the age of 13 are not permitted to use or register for the Services. Participation in Sweepstakes Promotions offered through the Services requires winners to be at least 18 years of age. See Section 19 for details.

We recommend that you print a copy of these legal terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Information Act (FISMA), etc.), so if you or your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content") as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your Use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use.

    Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    Your Submissions and Contributions 

    Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

    Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services ("Contributions"). By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to use, copy, reproduce, distribute, publish, broadcast, store, publicly display, reformat, translate, and exploit your Contributions for any purpose, commercial or otherwise.

    You are responsible for what you post or upload and confirm that your Submissions and Contributions are not illegal, harassing, hateful, harmful, defamatory, obscene, false, inaccurate, or misleading. We may remove or edit your content at any time without notice.

    3. USER REPRESENTATIONS

    By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are at least 13 years of age; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

    4. USER REGISTRATION

    You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

    5. PRODUCTS

    We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

    6. PURCHASE AND PAYMENT

      We accept the following forms of payment: Visa, MasterCard, American Express, and Discover.

      You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added to the price of purchases as required by law. All payments shall be in US dollars. We reserve the right to refuse any order placed through the Services.

      7. SUBSCRIPTIONS

      Advertiser Billing and Renewal 

      Advertiser subscriptions run for a minimum three (3) month term and then will continue and automatically renew on month-to-month terms unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel. Charges are exclusive of all applicable taxes, which may be billed to you in addition to the fees.

      Consumer Billing and Renewal

      Consumer membership subscriptions (including the Birthday CLUB+ subscription) will continue and automatically renew for the indicated term length unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel. Current subscription pricing is displayed within the App and may be updated from time to time with reasonable notice.

      Cancellation by Consumers

      Consumers can cancel their subscription(s) within 30 days of purchase or renewal by contacting us at info@thebirthdayclub.app or initiating a cancellation request through the App. Your cancellation will take effect at the end of the current paid term.

      Cancellation by Local Advertisers

      Advertisers acknowledge The Birthday CLUB is a month-to-month subscription with a 3-month minimum term. Advertisers may terminate with 30-day written notice after the first 90 days. The first 3 months of service fees are non-refundable.

      Fee Changes

      We may from time to time make changes to subscription fees and will communicate any price changes in accordance with applicable law.

      8. RETURN POLICY

      Advertisers agree to return any Birthday CLUB Hardware (if applicable) that was not purchased within 10 business days of termination. If the Advertiser does not return The Birthday CLUB hardware in clean and good working condition, Advertiser will be charged $299 from the payment method on file.

      9. PROHIBITED ACTIVITIES

      You may not access or use the Services for any purpose other than that for which we make the Services available. 

      As a user of the Services, you agree not to: 

      • Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
      • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
      • Circumvent, disable, or otherwise interfere with security-related features of the Services.
      • Disparage, tarnish, or otherwise harm us and/or the Services.
      • Use any information obtained from the Services to harass, abuse, or harm another person.
      • Make improper use of our support services or submit false reports of abuse or misconduct.
      • Use the Services in a manner inconsistent with any applicable laws or regulations.
      • Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use and enjoyment of the Services.
      • Engage in any automated use of the system, including scripts, data mining, robots, or similar data gathering tools.
      • Delete the copyright or other proprietary rights notice from any Content.
      • Attempt to impersonate another user or person or use a username of another user.
      • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
      • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
      • Copy or adapt the Services' software including but not limited to Flash, PHP, HTML, JavaScript, or other code.
      • Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavor not expressly approved by us.
      • Sell or otherwise transfer your profile.
      • Redeem merchant deals without being physically present at the merchant location, or attempt to circumvent location verification at the time of redemption.

      10. USER GENERATED CONTRIBUTIONS

      The Services may provide you with the opportunity to create, submit, post, display, transmit, or broadcast content including but not limited to text, ratings, video, audio, photographs, graphics, comments, and suggestions (collectively, "Contributions"). When you create or make available any Contributions, you represent and warrant that your Contributions are not false, inaccurate, misleading, obscene, harassing, defamatory, or in violation of any applicable law or the rights of any third party.

        11. CONTRIBUTOR LICENSE

        By posting Contributions to any part of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, reproduce, disclose, sell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, transmit, and distribute such Contributions for any purpose, commercial, advertising, or otherwise. This license will apply to any form, media, or technology now known or hereafter developed.

        12. ADVERTISER AGREEMENT TO HONOR PUBLISHED OFFERS

        By using The Birthday CLUB platform, Advertisers may create digital coupons, deals, memberships, or advertisements (each, an "Offer") displayed in the App. Advertisers agree to honor all Offers created via the Services consistent with such Offers' applicable terms and conditions, including expiration date. Advertisers are responsible for charging customers for all applicable sales or use tax at the time the Offer is redeemed. We retain editorial control over all content and can edit Offer content at our discretion if we believe it will improve clarity and accuracy.

        13. MOBILE APPLICATION LICENSE

        If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with the terms and conditions of this mobile application license. You shall not decompile, reverse engineer, modify, or create derivative works from the App; use the App for revenue-generating endeavors not approved by us; or use any proprietary information from the App to develop competitive applications.

        The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor"): the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems; we are responsible for providing maintenance and support services with respect to the App as specified in these Legal Terms; you represent and warrant that you are not located in a country subject to a US government embargo or designated as a terrorist-supporting country; and you acknowledge that App Distributors are third-party beneficiaries of the terms in this mobile application license.

        14. THIRD-PARTY WEBSITES AND CONTENT

        The Services may contain links to other websites ("Third-Party Websites") as well as content originating from third parties ("Third-Party Content"). Such Third-Party Websites and content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.

        15. DISPLAY ADVERTISERS

        We may allow display advertisers to display their advertisements and other information in certain areas of the Services. We simply provide the space to display such advertisements and have no other relationship with such advertisers.

        16. SERVICES MANAGEMENT

        We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

        17. PRIVACY POLICY

        We care about data privacy and security. Please review our Privacy Policy at https://birthdayclub.app/privacy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, through your continued use of the Services you are transferring your data to the United States and expressly consent to have your data transferred to and processed in the United States.

        17A. LOCATION DATA

        By using the deal redemption feature within the App, you expressly consent to the collection and use of your device's precise location data solely for the purpose of verifying your physical presence at a participating merchant location at the time of redemption. Location data collected during deal redemptions is used exclusively for redemption verification and is not used for tracking, advertising targeting, or any other purpose. Location data is not collected continuously — it is accessed only at the moment you initiate a deal redemption. You may decline to enable location services on your device at any time. Declining location services will prevent deal redemption entries from being processed but will not affect your ability to participate in Sweepstakes Promotions through other available entry methods. For full details on how we collect, use, and protect your data including location data please review our Privacy Policy at https://birthdayclub.app/privacy/.

        18. COPYRIGHT INFRINGEMENTS

        We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

        19. SWEEPSTAKES PROMOTIONS

        The Birthday CLUB periodically offers sweepstakes promotions including monthly prize drawings and periodic grand prize drawings (collectively, "Promotions"). All Promotions are governed exclusively by the Official Rules published within the App and at https://thebirthdayclub.app for each applicable drawing period, which are incorporated herein by reference. Participation in any Promotion is voluntary and subject to all eligibility requirements stated in the applicable Official Rules. No purchase is necessary to enter or win. Any potential winner must verify they are at least 18 years of age prior to receiving any prize; failure to do so will result in disqualification and the prize will be re-awarded in accordance with the Official Rules. In the event of any conflict between these Terms and Conditions and the applicable Official Rules, the Official Rules shall govern with respect to that Promotion.

        20. BIRTHDAY CLUB+ SUBSCRIPTION

        Birthday CLUB+ is an optional premium subscription tier available to eligible registered App users. The Birthday CLUB+ subscription provides enhanced benefits including but not limited to increased sweepstakes entries, access to exclusive Plus+ member deals, and additional App features as updated from time to time. Current pricing for Birthday CLUB+ is displayed within the App at the time of subscription and is subject to change with reasonable notice to active subscribers.

        The Birthday CLUB+ subscription is governed by the Subscriptions section of these Legal Terms. Subscribing to Birthday CLUB+ does not guarantee any sweepstakes win. Sweepstakes entries provided to Birthday CLUB+ subscribers are subject to all applicable Official Rules and eligibility requirements, including the 18+ age requirement at winner verification. Plus+ exclusive merchant deals are subject to availability and the terms of the applicable merchant offers. We reserve the right to modify, add, or remove Birthday CLUB+ benefits at any time with reasonable notice to active subscribers.

        21. TERM AND TERMINATION

        These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

        If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party.

        22. MODIFICATIONS AND INTERRUPTIONS 

        We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

        23. GOVERNING LAW

        These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

        24. DISPUTE RESOLUTION

        Informal Negotiations

        The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

        Binding Arbitration

        If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will take place in Bucks County, PA, except where otherwise required by applicable AAA rules.

        Restrictions

        Any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis.

        25. CORRECTIONS

        There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

        26. DISCLAIMER

        THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT AND WILL ASSUME NO LIABILITY FOR ERRORS, PERSONAL INJURY, UNAUTHORIZED ACCESS TO SERVERS, INTERRUPTION OF TRANSMISSION, BUGS OR VIRUSES, OR ERRORS IN CONTENT.

        27. LIMITATIONS OF LIABILITY

        IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

        28. INDEMNIFICATION

        You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party; or (6) any overt harmful act toward any other user of the Services.

        29. USER DATA

        We will maintain certain data that you transmit to the Services for the purposes of managing the performance of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

        30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

        Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

        31. SMS/MMS TEXT MESSAGING

        Message Frequency

        When you opt into our SMS/MMS messaging service, you can expect to receive a maximum of 4 messages per month with updates, information, and promotional content related to our Services.

        Opting Out

        If at any time you wish to stop receiving SMS/MMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.

        Message and Data Rates 

        Message and data rates may apply to any SMS/MMS message sent or received, as determined by your carrier and mobile plan.

        Support

        For questions regarding our text-based communications, please email us at info@thebirthdayclub.app.

        32. CALIFORNIA USERS AND RESIDENTS

        If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

        33. MISCELLANEOUS

        These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

        34. CONTACT US

        In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

        Loyal Patron LLC

        1933 Wellington Drive

        Langhorne, PA 19047

        United States

        Phone: 800-978-1338

        info@birthdayclub.app