Effective Date April 2014
ACCEPTANCE OF TERMS
We do not permit children under 13 to register for services, like our discussion forums or clubs without express written consent from their parent or guardian, also known as a COPPA release form. We encourage parents or guardians to supervise Internet activity of all children under 18. Click here for more information on the Children’s Online Privacy Protection Rule (COPPA).
BirdChannel.com and therefore its parent I-5 Publishing LLC owns all rights, title and interest in and to the material appearing on the BirdChannel.com Website, including, without limitation, all marks, graphics, images, layouts, presentation, page headers, button icons, typefaces, trade names, trade dress, logos, content, website design, data compilations, and text, which are protected by copyright, trademark, trade dress and other intellectual property laws. Any use of BirdChannel.com’s trademarks, trade dress or copyrighted materials without our express permission is strictly forbidden.
Your accessing and viewing of BirdChannel.com is only for your personal, non-commercial use. Aside from page caching and the downloading of a single copy of BirdChannel.com for your own personal, non-commercial use, no other uses are permitted.
BirdChannel.com offers a number of activities and opportunities for interaction, which include but are not specific to chat areas, message boards and/or email functions. Prior to participation, we require users to register and provide a username, password and email address. Because of the public nature of the activities on this website, we recommend that you exercise discretion in the type of information you decide to post in our activities. We have no control over the privacy practices of any community user. Likewise, we have no control over the content posted by the users of the activities on this website and cannot ensure that the content will not be objectionable or offensive. Objections to content can be made to InternetSupport@i5publishing.com. Although we have no obligation to monitor content, we reserve the right to delete or edit content from any of the activities on this website at any time for any reason.
By participating in the activities on this website, you agree that you will not post any content that:
- Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
- Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
- Violates any rights of any third party, including patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary rights, or any laws;
- Does not relate to the subject matter of the activities on this website for which you have registered;
- Contains any viruses, worms or other components intended to provide unauthorized access to third party data or disrupt or damage the functioning of computer hardware, software or telecommunications equipment;
- Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
- Is commercial in nature including, but not limited to any advertising content.
By posting content to any of the activities on this website, you automatically assign to BirdChannel.com and I-5 Publishing all rights, title and interest in and to such content and grant BirdChannel.com and I-5 Publishing the right to use your name or identifying information in connection with such posted content. Although we have no obligation to monitor content, we reserve the right to delete or edit content that you may have submitted at any time for any reason.
It is solely your responsibility to keep your account information and password secure. Do not disclose your account information, including password to anyone that you have not authorized to use your account. You assume all liability from the use of BirdChannel.com from any users that use your account. You agree to notify BirdChannel.com immediately of any unauthorized account use or security breach. BirdChannel.com and I-5 Publishing LLC disclaims all liability arising from your failure to keep your account information and password secure.
BIRDCHANNEL.COM AND ALL OTHER I-5 PUBLISHING LLC WEBSITES AND RELATED SERVICES ARE PROVIDED "AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF BIRDCHANNEL.COM, THE CONTENT, INFORMATION MADE AVAILABLE ON THIS SITE, AND GOOD OR SERVICES PURCHASED THROUGH THIS SITE. TO THE EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULR PURPOSE TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, I-5 PUBLISHING LLC DOES NOT WARRANT THAT USE OF BIRDCHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF BIRDCHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES IS SOLELY AT YOUR RISK.
THIRD-PARTY WEBSITES LINKED TO OR FROM BIRDCHANNEL.COM ARE NOT CONTROLLED BY I-5 PUBLISHING. I-5 PUBLISHING LLC EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST BIRDCHANNEL.COM AND I-5 PUBLISHING REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT.
LIMITATION OF LIABILITY
BIRDCHANNEL.COM AND I-5 PUBLISHING LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE BIRDCHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES OR SERVICES AVAILABLE IN CONNECTION THEREWITH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF BIRDCHANNEL.COM AND ALL OTHER I-5 PUBLISHING LLC WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BIRDCHANNEL.COM AND OTHER I-5 PUBLISHING LLC WEBSITES.
CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL
BirdChannel.com and I-5 Publishing LLC respects the intellectual property rights of others and we expect our users to do the same. If you believe that material posted on the BirdChannel.com infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:
- A physical or electronic signature of the owner of the allegedly infringed copyright (or such person’s authorized representative).
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
- A description of the material on BirdChannel.com (including the precise websites addresses on which the allegedly infringing material appears) that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material.
- Contact information for the complaining party, including address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
BirdChannel.com does not guarantee that any complained-of content will be deleted or modified. BirdChannel.com’s Copyright Agent for notice of claims of copyright infringement is:
I-5 Publishing LLC
Irvine, CA 92618
or email to: