Birdier provides a platform via its website (https://birdier.com) and applications to a community of registered users to submit and display bird photos, share comments, opinions and ideas, promote bird photo collections and participate in contests and promotions. Additional services may be offered by us at any time.
By using the services of Birdier, you are agreeing to comply with and be legally bound by these Terms as well as our Privacy Policy and all applicable laws. If you do not agree to any provision of these Terms, you must discontinue the registration process, discontinue you use of the services and, if you are already registered, cancel your account.
Birdier reserves the right, at its sole discretion, to modify or replace the Terms at any time. Birdier will notify you by posting an announcement on the site when Terms were modified. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content shall constitute your acceptance of the Terms as modified.
As a condition to using services, you are required to open an account with Birdier and select a password and a username and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the services, by either terminating your email access or your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Birdier account.
Services are available to individuals who are either at least 18 years old or at least 14 years old, and who are authorized to access the site by a parent or legal guardian. If you have authorized a minor to use the site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the site by the minor.
We do not accept illustration and graphic design content to upload on the site.
All content posted or otherwise submitted to the site is the sole responsibility of the account holder from which such content originates and you acknowledge and agree that you, and not Birdier are entirely responsible for all content that you post, or otherwise submit to the site. As a condition of use, you promise not to use the services for any purpose that is unlawful or prohibited by these Terms.
By way of example, and not as a limitation, you agree not to use the services:
- to abuse, harass, threaten, impersonate or intimidate any person;
- to post or transmit, or cause to be posted or transmitted, any bird photo or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- for any purpose (including posting or viewing visual content) that is not permitted under the laws of the jurisdiction where you use the services;
- to post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Birdier user;
- to create or transmit unwanted ‘spam’ to any person or any URL;
- to create multiple accounts for the purpose of voting for or against users’ bird photo;
- to post copyrighted bird photo or other communications that do not belong to you;
- To report a suspected abuse of the site or a breach of the Terms, with the exception of those related to copyright infringement, which is discussed below, please send a written message to Birdier at birdier@birdier.com.
You are solely responsible for your interactions with other users of the site. Birdier reserves the right, but has no obligation, to monitor disputes between you and other users.
By submitting content to the site, you are warranting to Birdier that the photo is your either owned and that Birdier is free to publish and use the photo as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of Birdier's agreement to allow you to use the services, you agree to Birdier as follows:
- any photographs of captive, exotic, domesticated birds or out of their natural enviromment are not permitted;
- photos may not have watermark, frame, author’s name or any other identification;
- any bird photo uploaded to your account must be photographed by you;
- by uploading your photographic works to Birdier you retain full rights to those works that you had prior to uploading;
- by posting bird photos to the site you grant to Birdier a non-exclusive worldwide license to use and publicly display such photo in connection with the services. This license will exist for the period during which the visual vontent is posted on the site and will automatically terminate upon the removal of the photo from the site;
- the license granted to Birdier includes the right to use bird photos fully or partially for promotional reasons, provided such photos is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information), as submitted to Birdier. Notwithstanding, no inadvertent failure to provide attribution shall be considered a breach of these Terms;
- Birdier has the right to modify and amend photo titles, descriptions, tags, and other accompanying information for any bird photo;
- Birdier uses measures to restrict the ability of users and visitors to the site to make high resolution copies of bird photos posted on the site. Notwithstanding this, Birdier makes no warranty that bird photos posted on the site will not be unlawfully copied without your consent; and
- subject to the terms of the foregoing license, ownership or other rights in the bird photos including any intellectual property rights or other proprietary rights associated with the photo are retained by you.
You warrant that:
- you are the owner, including all copyrights in and to all bird photos you submit to the site;
- you have the full and complete authority and right to enter into this agreement and to grant to Birdier the rights in the bird photos herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Birdier of the bird photo as contemplated herein; and
- the bird photo does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
Birdier maintains a storage policy to ensure stable service to all users.
Free accounts are limited to a maximum of 10 new photographs per week and 1,000 photographs in total. Any additional storage may result in restrictions on your account including limited access to photos or a requirement to upgrade if the limit is exceeded for several months.
Special Accounts are limited to maximum of 100 new photographs per week and 10,000 photographs in total. Special Accounts that exceed a limit for several months will be notified of their usage and restrictions may be imposed if usage is not corrected.
Birdier respects the intellectual property rights of others. It is our policy to respond promptly any claim that content posted on the site infringes the copyright or other intellectual property infringement of any person. Birdier will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the content and/or terminating accounts and access to the site.
To notify Birdier of a possible Infringement you must submit your notice in writing at birdier@birdier.com and include in your notice a detailed description of the alleged infringement sufficient to enable Birdier to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any photo is infringing your copyright.
Your access to and use of the site and our services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the site or any other reason within or outside the control of Birdier. Birdier reserves the right to suspend or discontinue the availability of the site and/or any service and/or remove any photo at any time at its sole discretion and without prior notice. Birdier may also impose limits on certain features and services or restrict your access to parts of or all of the site and the services without notice or liability.
The site should not be used for storage or back up of your photos and you are directed to retain own copies of all your photos posted on the site.
The services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Birdier has no control over such sites and resources, you acknowledge and agree that Birdier is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Birdier shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Birdier, Birder.com., Birdier.com.br and other Birdier graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of Birdier. Birdier’s trademarks may not be used in connection with any product or service without the prior written consent of Birdier.
Birdier may terminate or suspend any and all services and/or your Birdier account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the services will immediately cease.
If you wish to terminate your Birdier account, you may simply discontinue using the services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Bird Photos from your account prior to termination.
You use the site and the services at your own risk. The site and the services are provided on an "as is, as availabe" basis.
Birdier expressely disclaims all warranties and responsibility for any loss, injury, claim, liability or damage of any kind resulting from any errors or omissions from this site and the services, including techinical inaccuracies and typographical errors, the unavailability of all all or any part of the site or the services, your use of the site or the services, you use of any equipment or software in connection with the site or the services.
Except as otherwise provided by law, Birdier do not shall be liable for any loss, injury, claim, liability or damage of any kind resulting from you use of the site.
These Terms constitute the entire understanding of the parties. If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired.
Birdier only collect personal information that is relevant to the purpose of our website. This information allows us to provide you with a customized and efficient experience.
We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.
We receive and store certain types of information whenever you interact with us. Birdier automatically receive and record certain "traffic data" on their server logs from your browser including your IP address, Birdier cookie information, and the page you requested. Birdier uses this traffic data to help diagnose problems, analyze trends and administer the website. This does not involve collecting any of your personal information.
Birdier is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission. Birdier may send out e-mails with Birdier-related news, products, offers, surveys or promotions.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Birdier cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is.
Birdier utilizes third-party services like Google Analytics to help analyze how our site is used. These services, including Google Analytics, also use cookies to collect information about visitors to our site (including IP addresses) in an anonymous form that does not include personal information.
Birdier uses services like Google Analytics to help analyze and understand how our site and mobile applications are used, so that we can make Birdier products more interesting to you. These tools capture data about how individual users are using our site and mobile applications. This includes event logs, device type and device configuration settings such as language, crash data and other data but never personal information. These third-party services treat the analytics data in accordance with this privacy policy and Birdier does not disclose your personal information to any third parties through our use of these services.
Your Birdier account information is protected by a password for your privacy and security. Protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.
Only administrators who need personal information to perform a specific job are granted access to it.
Birdier may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the Birdier website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.
This policy does not apply to the practices of third parties that Birdier does not own or control, or to individuals that Birdier does not emply or manage.
This Privacy Policy is effective as of May 23, 2018.
