Terms of use



PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to our BirdBeat™ website and online community! All users of the BirdBeat™ apps and sites agree that access to, use of and interaction with the BirdBeat™ apps website, blogs, social networks sites and online community are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use these apps or sites.

Electronic Communications

When you visit BirdBeat.com, BirdBeat™ apps, BirdBeat™ social sites, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on these apps or sites. 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.

Copyrights

BirdBeat.com (“website” or “site”), the BirdBeat™ apps (“app”, “apps”), and all BirdBeat™ social media communities (“site” or “sites”) are owned by Heather KiNCH Studio, LLC (“HKS”).  All content on these sites and apps, including but not limited to art, text, graphics, templates, BirdBeat™ Field Sketches, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of HKS or its content suppliers and protected by United States and other copyright laws. The compilation of all content on this site is the exclusive property of HKS, with copyright authorship for this collection by HKS, and protected by United States and other copyright laws.

No rights are granted to you or anyone to copyright any BirdBeat™ Field Sketches or other items you or others may create or have created via use of the BirdBeat™ apps or sites.

Copyright Heather KiNCH Studio, LLC.  ALL RIGHTS RESERVED.

Trademarks

All trademarks, service marks and trade names of Heather KiNCH Studio, LLC used in the apps and on the sites are trademarks or registered trademarks of Heather KiNCH Studio, LLC.  HKS’s trademarks, service marks and trade names may not be used in connection with any product or service that is not HKS’s without prior written authorization from HKS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HKS. All other trademarks not owned by HKS or its subsidiaries that appear on the sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HKS or its subsidiaries.
Heather KiNCH Studio, LLC has trademarks pending for BirdBeat™ and Birder’s iField Notebook™.

Patents

Heather KiNCH Studio, LLC has United States and International Patents Pending for BirdBeat™ – Birder’s iField Notebook™.

License and Site Access

HKS grants you a limited license to access and make personal use of the BirdBeat™ website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HKS. This license does not include any resale or commercial use of this website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this website or its contents, any downloading or copying of account information for the benefit of another entity, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any private or commercial purpose without express written consent of HKS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HKS and our associates without express written consent of HKS. You may not use any Meta tags or any other “hidden text” utilizing HKS’s names or trademarks without the express written consent of HKS. Any unauthorized use terminates the permission and/or license granted by HKS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BirdBeat.com so long as the link does not portray the website, HKS, its associates or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HKS logo or other proprietary graphic or trademark as part of the link without express written permission from HKS.

HKS also grants you a limited license to access and make personal use of the BirdBeat™ apps and all BirdBeat™ social media communities. This license does not include any resale or commercial use of the apps or their contents, any collection and use of any product listings, descriptions, or prices, any derivative use of these apps or their contents, any downloading or copying of account information for the benefit of another entity, or any use of data mining, robots, or similar data gathering and extraction tools. These apps or any portion of these apps and/or the underlying patent-pending technology may not be reproduced, duplicated, copied, borrowed, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HKS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, templates, field sketches, or graphics) of HKS and its associates without express written consent. You may not use any “hidden text” utilizing HKS’s names or trademarks without the express written consent of HKS.

You are granted a limited, revocable, and nonexclusive right to email or upload your BirdBeat™ Field Sketches to the website, blogs, Facebook and other social networks of your choosing, so long as the link or upload does not portray BirdBeat™, HKS, its associates or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Participation in all areas of the BirdBeat™ sites should be kept within a spirit of fun, friendliness, education and helpfulness at all times.

Your use of the BirdBeat™ apps and/or participation on BirdBeat.com and on the BirdBeat™ sites must follow the laws of the area in which you live. You must not, in the use of these apps or or sites, violate any laws in your jurisdiction (including but not limited to copyright, trademark or patent laws). Any unauthorized use terminates the permissions and/or licenses granted by HKS.

Your Membership Account

If you use BirdBeat.com and other BirdBeat™ sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. HKS and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Your Reviews, Comments, Emails, and Other Content

Visitors may post reviews, comments, submit suggestions, ideas, comments, pictures, BirdBeat™ Field Sketches, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, fraudulent, deceptive, invasive of privacy, infringing on intellectual property 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.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. HKS reserves the right (but not the obligation) to remove or edit such content, but does not and cannot regularly review all posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HKS and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HKS and its associates and sub-licensees the right to use the name or names 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, with the exception of any BirdBeat™ Field Sketches or other items you or others may create or have created via use of the BirdBeat™ apps or sites, 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 HKS and its associates for all claims resulting from content you supply. HKS has the right but not the obligation to monitor and edit or remove any activity or content. HKS takes no responsibility and assumes no liability for any content posted by you or any third party.

Warranty Disclaimer
BirdBeat.com, the BirdBeat™ apps and sites, and the materials and products on them are provided “as is”, “as available”, and without representations or warranties of any kind, whether expressed or implied. YOU EXPRESSLY AGREE THAT YOUR USE OF BIRDBEAT™, BIRDBEAT.COM AND OTHER BIRDBEAT™ SITES ARE AT YOUR SOLE RISK. To the fullest extent permissible pursuant to applicable law, HKS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HKS does not represent or warrant that the functions contained on these apps or sites will be uninterrupted or error-free, that the defects will be corrected, or that BirdBeat.com, the BirdBeat™ apps, the BirdBeat™ sites, emails sent to you, or the servers that make BirdBeat.com and the BirdBeat™ sites available are free of viruses or other harmful components. HKS does not make any warrantees or representations regarding the use of the materials in the apps or on the sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
HKS shall not be responsible for and disclaims all liability for any loss, damage (whether direct, indirect or consequential), personal injury, expense or other perceived harm of any nature whatsoever that may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of BirdBeat.com, the BirdBeat™ apps or sites, inability to access or use these apps or sites, any information contained in the apps and on the sites, your personal information or material, and any information transmitted over our systems.  Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Applicable Law

Your use of the BirdBeat™ apps or sites shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the apps and sites shall be in the state or federal courts located in California, U.S.A., and in a county to be chosen by HKS. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. HKS’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and HKS, nor trade practice shall act to modify any of these Terms and Conditions. HKS may assign its rights and duties under this Agreement to any party at any time without notice to you.

Legal Disputes

Any legal dispute relating in any way to your visit to BirdBeat.com or BirdBeat™ sites, to your app purchases, or to products you purchase directly from BirdBeat.com shall be submitted to confidential arbitration in California, U.S.A., except that, to the extent you have in any manner violated or threatened to violate HKS’s intellectual property rights. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

In the event that you have in any manner violated or threatened to violate HKS’s intellectual property rights, HKS may seek injunctive or other appropriate relief in any state or federal court in the state of California, U.S.A., or in an international court recognized under the auspices of applicable laws and treaties then in effect.  In any case, you consent to exclusive jurisdiction and venue in such courts.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification
You agree to indemnify, defend, and hold harmless HKS, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any BirdBeat™ apps or sites using your Internet account.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy posted on this website. These policies also govern your visit to and use of all BirdBeat™ apps and sites. We reserve the right to make changes to our apps, sites, policies, and these Terms and Conditions of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or conditions.

Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent policies and conditions. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these sites.

Questions

Questions regarding our Terms and Conditions of Use, Privacy Policy, or other policy related material can be directed to us by clicking on the “Contact Us” link on the site or by emailing us at: info@BirdBeat.com.

 

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