Terms of Use
Terms of Use Agreement
Welcome to TheBirdingHotspot.com. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term "TheBirdingHotspot.com" or "us" or "we" or "our" refers to Duckbill USA, LLC, the owner of the Web site. The term "you" refers to the registered user of our Web Site.
Section 1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Section 2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Section 3. Service Marks.
"www.TheBirdingHotspot.com", "The Birding Hotspot", "Duckbill Outdoors", The Birding Hotspot Logo, ‘The Birds Watch Back’ Comic Strips and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Section 4. Acceptable Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.
Section 5. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement as outlined in Section 4 above; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for personal, non-commercial social networking purposes, and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Section 6. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials, images and other digital media (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
Section 7. Registered Users
Access to certain areas of our website may be restricted to registered users. User registration is required to post in the forums. In order to become a registered user, you must provide us with a working email address and verify your account by email. You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete. You acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or contains vulgarity or offensive terms. Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion. Such additional features may include (a) the facility to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website; (b) the facility to join website groups, and to share information amongst group members; (c) the facility to send private messages via the website to particular groups or individuals registered on the website. We will provide registered users with a username and password to enable them to access the restricted areas of our website. Registered users must keep their username and passwords confidential. We may disable username and passwords, delete accounts, and delete any information associated with an account, at our sole discretion without notice or explanation.
