Website Terms and Conditions
Date of Last Revision: August 30, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
If you have any question regarding the use of the Site, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to firstname.lastname@example.org.
A. General Terms
In order to access certain features and services offered through the Site, you must become a member. Please refer to our Subscription Terms for the terms, conditions and policies application to your subscription. The Subscription Terms are subject to change without prior notice at any time, in BirdFellow's sole discretion so you should review the Subscription Terms prior to subscribing.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the BirdFellow logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of BirdFellow or its licensors or users and are protected by U.S. and international copyright laws.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, BirdFellow has adopted a policy of terminating, in appropriate circumstances and at BirdFellow's sole discretion, subscribers or account holders who are deemed to be repeat infringers. BirdFellow may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any thing on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Bjorn Hinrichs
Full Address of Designated Agent to Which Notification Should be Sent: 112 3rd Street, Lake Oswego, OR 97034
Telephone Number of Designated Agent: 503-957-9544
Facsimile Number of Designated Agent: 503-635-5677
E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
BIRDFELLOW, the BirdFellow logos and any other product or service name or slogan contained in the Site are trademarks of BirdFellow and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BirdFellow or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "BirdFellow" or any other name, trademark or product or service name of BirdFellow without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BirdFellow and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray BirdFellow or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a BirdFellow logo or other proprietary graphic of BirdFellow to link to this Site without the express written permission of BirdFellow. Further, you may not use, frame or utilize framing techniques to enclose any BirdFellow trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without BirdFellow's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of BirdFellow or any third party.
BirdFellow makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of BirdFellow and BirdFellow is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. BirdFellow provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by BirdFellow of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Content
BirdFellow may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. This may include question and answer features where users or other third parties may provide answers to questions posed by Site users. BirdFellow does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that BirdFellow is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
BirdFellow may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. BirdFellow is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-BirdFellow advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, feedback, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the BirdFellow or BirdFellow's products or services that are provided by you in the form of email or other submissions to BirdFellow, or any postings on the Site, are non-confidential and shall become the sole property of BirdFellow. BirdFellow shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Content and Interactive Services or Areas
The Site may include interactive areas or services ("Interactive Areas"), such as forums, chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;M.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of BirdFellow, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose BirdFellow or its users to any harm or liability of any type.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to BirdFellow, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to BirdFellow.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BIRDFELLOW, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIRDFELLOW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. BIRDFELLOW DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
BIRDFELLOW IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE BIRDFELLOW ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, BIRDFELLOW CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
BirdFellow reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by BirdFellow.
Limitation of Liability
IN NO EVENT SHALL BIRDFELLOW, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BIRDFELLOW, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BIRDFELLOW'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BIRDFELLOW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BIRDFELLOW FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Questions & Contact Information
Questions or comments about the Site may be directed to BirdFellow at the email address firstname.lastname@example.org.
B. ADDITIONAL TERMS APPLICABLE TO SUBSCRIPTIONS ("SUBSCRIPTION TERMS")
The Subscription Services will only be available to users (a) who registration for a free trial (when available) or for a subscription to the Subscription Services ("Subscription") and (b) who pay in full the applicable subscription fees ("Subscription Fees"), if any. The terms of the Subscription and the services, features Subscription Fees and payment terms applicable to such Subscription are as described on the Site (en, http://www, birdfellow, com/subscription). You agree to pay all applicable Subscription Fees and other charges. If any of the Subscription Services are suspended, then the term of any Subscription to which you subscribe shall be extended to take into account any periods of suspension. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by BirdFellow will terminate your Subscription and refund, on a prorated basis, any unused pre-paid fees.
From time to time, BirdFellow may offer users the ability to sign up for to use the Subscription Services without charge for a limited period of time as designated in the offer (a "Free Trial"). If you register for a Free Trial, you agree that at the end of the Free Trial period, we may automatically charge the credit card designated on your account for the applicable Subscription Fee unless you terminate the Subscription on or prior to 11:59 p.m. PST on the last day of the Free Trial period. Your annual Subscription period begins at the end of the Free Trial Period, or if there is no trial period, immediately upon your registration. Although BirdFellow does not charge your credit card during the Free Trial, BirdFellow may obtain a reauthorization on your credit card for the amount of the applicable Subscription Fee. This is not a charge, but is only a preauthorization to verify that the card is valid and that there is a sufficient credit limit to cover the Subscription Fee if the Subscription is not terminated. You can find out from your credit card provider whether a preauthorization affects your available line of credit.
2. Term and UpgradesAll Subscriptions will automatically renew each year for an additional one (1) year term unless the Subscription is terminated and/or cancelled by you or BirdFellow prior to the end of such annual term in accordance with Section B.4 below..
3. Interruptions or Discontinuation of Subscription Services; Changes to Hosting Services and Terms of Service.
BirdFellow reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Subscription Services, or portions thereof; and the Subscriptions, including without limitations making changes to any policies, features and terms applicable thereto. If the Subscription Services, or any part thereof, for which you subscribe is permanently discontinued or canceled by BirdFellow, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Subscription Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. BIRDFELLOW SHALL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SUBSCRIPTION SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOGRAPHS, RECORDS FIELD NOTES OR OTHER INFORMATION OR MEDIA STORED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF PHOTOGRAPHS OR OTHER MEDIA OR CONTENT YOU POST TO THE SITE.
3. Termination of Subscription.
You may request termination of a Subscription at any time by calling or emailing BirdFellow directly. When BirdFellow receives your termination request, BirdFellow will terminate your Subscription if it has the necessary information to do so. BirdFellow will notify you of termination via email. BirdFellow may request additional information from you prior to terminating your Subscription(s). A Subscription is not terminated in this manner until you receive confirmation of termination from BirdFellow.
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason by either party, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination, any Content you have stored on the Site may no longer be retrieved, so you should make a backup copy of any such Content on a regular basis and before terminating your account.
Please notify BirdFellow promptly of any changes to your email or credit card information. If the credit card designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then BirdFellow may terminate your account for nonpayment. If BirdFellow does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and BirdFellow cannot reach you due to an invalid email address or for any other reason, then BirdFellow will (subject to Section B.4) endeavor to retain your Content on the Site for at least ____ days after termination. However, BirdFellow cannot guarantee that your Content will remain on the Site after termination or that you will receive notice of such termination, so you should make a backup copy of any such Content on a regular basis.
4. General Payment Terms
All amounts payable by you that are not paid within thirty (30) days of the due date shall bear interest at the rate of one percent (1%) per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. Your payment of such late fees shall not excuse or cure any breach or default for late payment. All amounts payable under this Agreement are denominated in United States dollars and each party shall pay all amounts payable under this Agreement in lawful money of the United States.
5. Automatic Renewal
YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS YOU PROVIDE EMAIL OR OTHER WRITTEN NOTICE OF NONRENEWAL TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO THE END OF THE PREVIOUS TERM. Upon such renewal, the credit card designated on your account will automatically be billed the applicable Subscription Fee then in effect at the time of renewal. We reserve the right to change our Subscription Fees and the terms, service and features of our Services or your Subscription at any time without notice by posting such changes to the Site. Such changes shall be applicable to any renewal term. The amount of the Subscription Fee to be charged will be contained in the e-mail notification sent to you prior to the automatic renewal.