Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Exploringbirds.com (the “Website”). These Terms of Service (the “Agreement”) apply to any access to or use of the Website, associated sites or content from this website. The Website is owned and operated by Exploring Birds LLC.

By accessing the Website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these terms periodically. We reserve the right to revise these terms at any time without notice to you. The Terms were last updated on August 19, 2019.

Your use and browsing of the Services is at your risk. If you are dissatisfied with any of the materials contained in the Services, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Services.

 

Copyright and Intellectual Property

 

The Services are owned by Exploring Birds LLC. All of the content featured or displayed on the Services, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Exploring Birds LLC. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Service.

 

Pursuant to the copyright and trademark laws of the United States, you agree:

 

1.     That you may only download Content that Exploringbirds.com designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.

2.     To not reproduce, distribute, modify, re-post, or sell any Content without specific written authorization from Exploringbirds.com.

3.     To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.

4.     To refrain from framing or mirroring any portion of the Site, and to link to the Services. If there are questions regarding linking our pages, please contact us.

5.     That by posting or submitting any text or other materials to the Services you grant Exploring Birds LLC a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.

6.     Exploringbirds.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on Exploringbirds.com is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure:

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

1.     A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

2.     A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);

3.     A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;

4.     Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;

5.     A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.     A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit this information electronically to:

contact@exploringbirds.com

Exploring Birds Trademark

 

Unless otherwise noted, Exploring Birds and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of Exploring Birds LLC and Exploringbirds.com. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of Exploring Birds LLC and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.

Liability

The Services and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Services, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

Third-Party Websites and Links

Exploringbirds.com may link to websites, products and services operated by third parties. Exploring Birds LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Site, or any changes or updates to such sites.

These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Exploring Birds LLC and associated companies are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

User Conduct

All users shall use the Services for lawful purposes only. You agree not to post or transmit through the Services any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Exploring Birds LLC to do so.

Conduct by any user that, at the discretion of Exploring Birds LLC, restricts or inhibits any other user from using or enjoying the Services will not be permitted. Exploring Birds LLC reserves the right to refuse access to the Services to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.

You agree to assume full and sole responsibility for any postings you make to the Services.

 

CAN-SPAM Act

 

In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Exploring Birds LLC follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join a program, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you may lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email contact@exploringbids.com and your account will be permanently removed from our system.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Exploring Birds LLC; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account. Exploring Birds LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Exploring Birds LLC in asserting any available defenses.

 

Governing Law

 

This website is controlled by Exploring Birds LLC from our offices located in the state of Connecticut (CT), USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of CT, by accessing our website, you agree that the statutes and laws of CT, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

 

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in CT, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the CT, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rate-of-interest, to the successful party.

 

If Exploring Birds is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Exploring Birds LLC for its respective legal fees, costs, and disbursements if Exploring Birds LLC is successful.

 

Any action to enforce this Agreement shall be brought in the federal or state courts located in USA, CT. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

These Terms and any other operating rules or terms currently posted on the Services constitute the entire agreement between Exploring Birds LLC and the users of the Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Exploring Birds LLC may be construed as a waiver of any part of these Terms of Service. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.