TERMS OF USE POLICY FOR BIRDPEDIA

 

1. GENERAL PRINCIPLES OF USE

   We are not responsible for the accuracy of any data, species information or any other information or material on this platform (”data”), whether originated by us or by third parties. We are not responsible if you misinterpret any of the data. You are responsible for all use of your username and password. You must not permit others to use your username or password to access the Service. You are responsible for complying with conditions of use of other web delivered services. If we provide you with access to services outside ours, you must comply with any acceptable use conditions which apply to that service. You are responsible for use of your security questions and information provided to us upon registration into the system, and you undertake not to misuse this information.

2. AUTHORISED USER

   You warrant that: You are authorised to use the Service; The username and password you are using to access the Service is yours; You have not given your username, password or security question details to anyone; Please refer any complaints or difficulties you may have regarding the Service or your use of the Service to us via the 'Make a Comment' link found at the bottom of almost every page.

3. ACCEPTABLE USES

   You must use the Service responsibly and within the law. It is your responsibility to: Use the Service in a manner which does not violate any applicable laws or regulations; Respect the legal protection afforded by copyright, trade marks, license rights and other laws to data accessible via the Service; Respect the privacy of others; Use the Service in a manner which does not interfere with or disrupt other users, services or equipment; Refrain from acts that waste resources or prevent other users from receiving the full benefit of the Service; and Use the Service lawfully, ethically and in accordance with accepted community standards.

4. UNACCEPTABLE USES

   You must not use the Service in any way which breaches local, state, federal or international laws. Without limiting that, you must not: Violate copyright or other intellectual property rights; illegally store, use or distribute our software; Transmit threatening, obscene or offensive materials; Misrepresent or defame others; Commit fraud; Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet; Damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources; Make an unauthorised transmission of confidential information or data protected by trade secrets; attempt to do any of these things. You must not use the Service to interfere with or disrupt our platform or our other users, services or equipment. In particular, for example, you must not: Initiate or spread computer worms, viruses or other types of malicious programs; Make transmissions of any type or quantity which adversely affect our operation or jeopardises the use of the Service, or its performance for other users; or Harass or impersonate us or other users.

5. OUR RIGHTS

   You will indemnify us and any other party with whom we have a contract in relation to the Service (“other party”) for any damage, loss, cost, expense or claim that we or the other party suffer as a result of any breach of this Policy by you. Without limiting any of our other rights, if you breach any term of this Policy, we will have the right to: confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the Service; Require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the Service, using any means reasonably necessary; suspend or terminate your access to the Service, without refunding any money you have paid to use the Service; take any other action against you.

6. WHAT WE MAY DO TO ENSURE THAT THIS POLICY IS BEING FOLLOWED

   We may monitor your use of the Service to determine whether this Policy is being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence or inhibit the enforcement of this Policy. If we become concerned that your use of the Service may break the law or that you have not complied with our Terms, we will generally attempt to contact you before taking action. If we believe that your use of the Service may break the law or that you have not complied with this Policy we may: notify you by email; suspend or terminate your access to the Service without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances. If we take action under clause 6.0, we reserve the right, in our sole discretion, to delete any or all of your data, software or other content stored on our system.

7. LIMITATIONS

   Whilst we will make all commercially reasonable efforts made to post a warning on our website, we may from time to time suspend the Service or disconnect or deny access to our platform, without notice to you during any technical failure, modification or maintenance affecting the Service or our website, provided that we will use commercially reasonable endeavours to procure the resumption of the Service as soon as reasonably practicable. Without notice to you, we may remove, amend or alter any material or data in the Service upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, and offensive or in breach of a third party’s rights. We will not be responsible for any interruption to or reduction or lack of performance in the Service however caused but we will use commercially reasonable endeavours to maintain the performance of the Service where this is within our direct control. To the maximum extent permitted by law, we will not be liable to you in any way for any costs, damages (including indirect or consequential damages), liabilities, claims, actions or proceedings which you may suffer or incur directly or indirectly as a result of or in connection with the provision of the Service or your use of it or any information on it.