Conditions of Use
Welcome to Birds.com
Thank you for visiting Birds.com. The following terms constitute an agreement between you (“User”, “Your”, or “You”) and Birds.com (“Company”, “We”, “Our”, or Us”).
This Agreement (“Terms of Service and Acceptable Use Policy”, “Agreement”, or “TOS”) governs your use of Birds.com which you access by signing in with a screen name or other credential (“Screen Name”) issued by us.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION PROVIDED THROUGH BIRDS.COM.
By completing the registration process and clicking “I accept”, you are indicating your agreement to be bound by all of the terms and conditions of this agreement. If you are not willing to be bound by the terms and conditions of this agreement, you should click “I don’t accept”.
CONDITIONS OF USE
Welcome to Birds.com and/or its affiliates which provides website features when you visit Birds.com or use any of our services (collectively, “Birds.com Services”). Your use is subject to the following conditions.
We offer a wide range of Services and sometimes additional terms may apply. When you use our Service (for example, Create a Profile) you will be subject to the guidelines, terms and agreements applicable to that Birds.com Service (“Service Terms”).
Birds.com and these services are provided to you (“User”) under the terms and conditions of this Agreement and any operating rules or policies that may be published by Company. The TOS comprises the entire agreement between User and Birds.com, and this Agreement supersedes all prior agreements between the parties regarding the subject matter contained herein.
When you use Birds.com Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Birds.com Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USER ACCOUNT, PASSWORD, AND SECURITY
User is entirely responsible for maintaining the confidentiality of User’s password and account, and for any and all activities which occur under User’s account or password. User agrees to immediately notify Company of any unauthorized use of User’s account, password, or any other breach of security known to User. User may change his/her password or profile by following instructions on the system.
All content included in or made available through any Birds.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Birds.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Birds.com Service is the exclusive property of Birds.com and protected by U.S. and international copyright laws.
Our trademarks and trade dress may not be used in connection with any Birds.com Service or Birds.com Product in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Birds.com. All other trademarks not owned by Birds.com that appear in any Birds.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Birds.com.
OWNERSHIP AND RIGHTS
Birds.com may contain documents, files, articles, photos, icons, graphic, logos, and other copyrighted materials owned by us or our content providers. You must contact the copyright owner for permission to use third party materials. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you must notify Birds.com in the section entitled, “Contact Us”.
The following Ownership and copyright information applies only to materials we own.
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Birds.com. As such, you are authorized to view, copy, download, and print on a single computer for personal, non-commercial use, provided that (1) you do keep all copyright and proprietary notices intact; (2) the documents may be used solely for personal, noncommercial, and informational purposes, they may not be posted or distributed, (3) the documents may not be modified, and (4) all copyright and other proprietary notices must be retained in the document.
Birds.com believes in the freedom of expression as long as legal or morally accepted standards of expression are not crossed. On this Site, we are offering you several services and products that may expand your communication with the general public.
We trust that you will use these facilities to promote the flowing exchange of information and exercise your freedom of expression in accordance with the Use Policy of Birds.com. User violation of this Policy may result among other things in the suspension or cancellation of the User’s access to the services offered on Birds.com.
Birds.com reserves the right to remove any materials it becomes aware of that are, in our sole discretion, potentially illegal, could subject Birds.com to liability, violate this Acceptable Use Policy (“Policy”) or that we otherwise deem inappropriate.
RULES OF CONDUCT
You shall not post any message containing or otherwise use any obscene or offensive language or post anywhere else on Birds.com any material that is an invitation to fast money making schemes, defamatory, pornographic, racial, abusive or hateful, constitutes junk mail or unauthorized advertising, harassment, invades anyone’s privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation. You agree to use the services offered by us only for lawful purposes.
You are solely responsible for ensuring that any material or information you post anywhere on or through the site — including but not limited to text, photographs, and sound — does not violate the copyright, trademark, trade secret, or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
You agree that by posting any material or information anywhere on the site you surrender your copyright rights in the posted material or information. You further agree that Birds.com is entitled to use the posted material or information royalty free and without restriction in any manner it deems fit, including, but not limited to, publishing the material or distributing it.
User agrees not to use or attempt to use our Services to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, fraudulent, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or contains explicit or graphic descriptions, or accounts of sexual acts;
- Harm minors in any way;
- Violate or infringe upon the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonate any person, business or entity, including this site and its owners, employees, representatives and agents;
- Transmit any viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Violate these Conditions of Use, guidelines or any policy posted on this site;
- Interfere with the use of the websites managed any third parties, whether related to this site or not;
- Impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that may be designated for such purpose;
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to scroll faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any rules of any national or other securities exchange, and any regulations having the force of law;
- “Stalk” or otherwise harass another;
- Collect or store personal data about other Users; or
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THIS SITE AND ANY RELATED CORPORATIONS, SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BIRDS.COM, ITS AFFILIATED COMPANIES, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BIRDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BIRDS.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SEVERABILITY AND INTEGRATION
REVIEWS, CONTENT, COMMENTS, COMMUNICATIONS
By posting or submitting content to this site, you grant HorseRacing.com and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Birds.com will not infringe or violate the rights of any third party.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Birds.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Birds.com from all claims resulting from content you supply. Birds.com has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.
You agree to indemnify us, our employees, directors, officers, related corporations, subsidiaries, attorneys, shareholders, agents, assigns, and representatives, and to hold them harmless, from any and all losses, claims, and liabilities (including attorneys’ fees) which may arise from your submissions or deletion thereof, from your use of any service and/or material obtained from or through any services provided on this site, or from your breach of these rules or any other agreement between you and Birds.com. You further agree that Birds.com is not responsible, and shall have no liability to you or your agents, representatives, employees, shareholders, directors, or any party related to you in any way, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.
You agree not to disrupt or interfere with the services provided on this site, nor to alter or tamper with any information or materials on or associated with this site.
You agree not to attempt to penetrate security measures of this site, whether or not the intrusion, either intentional or unintentionally, results in corruption or loss of data.
The access to the Birds.com Member Services, Sections and Directories offered or provided by Birds.com as a convenience. Users of Birds.com and those wishing to contact users are granted a limited access to the Birds.com Directory and Member Sections solely for the purpose of allowing more convenient personal communications through the system, services, or products offered or otherwise made available through Birds.com. Any other use or attempt to use the Birds.com Directory or Member Services for commercial or other purposes or for systematic retrieval of data stored in the Birds.com Directory and any kind of copying or reproduction of the data, or any part thereof, stored in any other location or server managed or operated by Birds.com for further reproduction or distribution is prohibited.
You acknowledge that you are expressly prohibited from utilizing Birds.com Message Boards or the Birds.com Directory or Members Sections in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of our Message Boards, Member Sections, or Directories.
A message is unsolicited if it is sent to a recipient who has not requested or invited the message. Mass mailing is mailing of messages in quantities exceeding reasonable personal use. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
You agree to refrain from revealing your password to others or allowing others to use your passwords (other than authorized users in your household). You agree to refrain from forging any message header, in part or whole, of any electronic transmission, originating or passing any viruses to, from, or through this site, or allowing access to this site through your passwords for the purpose of operating a server of any type or for any other purpose which is not common personal use to receive viewable pages on Birds.com.
Birds.com has no practical ability to restrict all conduct, communications, or content which might violate this Policy prior to its transmission to any affiliate sites, nor can Birds.com ensure prompt removal of any such communications or content after transmission or posting. Accordingly, Birds.com does not assume liability to users or others for any failure to enforce the terms of this Policy.
Birds.com may cancel or suspend your registered user account or Screen Name at any time, without cause and/or without notice. We may terminate and/or suspend your account or Screen Name immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Services, if your account has been deactivated for inactivity (see the Inactive Status section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use the Services will end once your Services are cancelled or terminated, and any data you have stored on such a Service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service.
CHOICE OF LAW AND JURISDICTION
By using any Birds.com Service, you agree that these Conditions of shall be governed by and construed in accordance with the laws of the State of Washington, the Federal Arbitration Act, and applicable federal law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Birds.com.
Any dispute or claim relating in any way to your use of any Birds.com, or to any products or services sold or distributed by Birds.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would follow.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Birds.com reserves the right to modify these policies at any time. These policies do not supersede any other policies, or terms and conditions adopted or stated herein.
Birds.com may assign this Agreement at any time without notice to you. You may not assign this contract to anyone else.
OPERATION UNDER LICENSE
Birds.com is operated and managed under license to various third parties who are solely responsible for this Site’s content.
COMMENTS AND QUESTIONS
If you have questions or suggestions, please contact us by completing the form provided on the ”Contact Us” page.
Last updated: May 10, 2021