WEBSITE TERMS, CONDITIONS AND NOTICES [Effective Date 02/10/2010]
The following terms, conditions and notices are applicable to all visitors to or users of the Exotic Bird Breeders Web Site, the home page of which is viewable at www.ExoticBirdBreedersDotNet. By using this Web site, you agree to be bound by all terms and conditions set forth herein. If you do not agree to all of the terms and conditions herein, DO NOT access or use the Exotic Bird Breeders, Inc. Web Site. These terms and conditions may be modified by Exotic Bird Breeders, Inc. at any time and posted on this Web Site. In the event of a violation of these terms and conditions, Exotic Bird Breeders, Inc. (hereinafter, Exotic Bird Breeders) reserves the right to seek all remedies available by law and in the equity. The Web Site is provided by Exotic Bird Breeders and is available only to entities and persons over the age of legal majority who can form legally binding agreement under applicable law. If you do not qualify, you are not permitted to use this Web Site.
Exotic Bird Breeders respects the concerns of privacy and how visitor information is handled. Upon visiting the website, we may gather non-personally identifiable data including, but not limited to: tracking where you go within our website, type and version of browser, and the search engine that referred you to our site. We use this information for compiling broad statistics about our site and to give us insight into making our site more accessible to our visitors. Information you provide through the website is stored on our web server, and may be used to provide you with information you've requested about our company, our products and our services.
Exotic Bird Breeders Website is operated by Exotic Bird Breeders Inc. or its agent. You agree to indemnify, defend and hold harmless Exotic Bird Breeders Inc, its officers, directors, employees, agents, licensors, suppliers and any third party providers to the Website from and against all damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from any violation arising from the use of information appearing on this site. Exotic Bird Breeders is not liable for any damages arising from changes to information contained on the Website or content from any linked Website.
Copyright - Limited License:
The Exotic Bird Breeders Web Site and all of its works, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Works") are protected by copyright laws and other U.S. and international laws and treaties, with all rights reserved. All Works are provided by Exotic Bird Breeders as a service to its current and prospective customers and may be used for informational and product ordering purposes only where the user has maintained or retained all copyright and other proprietary notices contained on the Works. No right, title or interest in Exotic Bird Breeder's Works is conveyed to the user. This is a limited, may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of the Works without the express prior written consent of Exotic Bird Breeders; (Using Content Agreement Form) (b) you may not access or use the Exotic Bird Breeders Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of the Works. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Works without the express prior written consent of Exotic Bird Breeders is strictly prohibited. Exotic Bird Breeders may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Exotic Bird Breeders.
Notice of Copyright Infringement:
Exotic Bird Breeders does not permit copyright infringing activities on this Web site. Exotic Bird Breeders may remove any content of any kind that a user posts to this Web site (hereinafter, "User Communications"), e.g., if properly informed that the User Communications infringe another's copyright rights. Exotic Bird Breeders may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties, or Exotic Bird Breeders Products infringes upon your copyrights, you may notify Exotic Bird Breeders by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the located where the original or an authorized copy of the copyrighted work exists;
- Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Exotic Bird Breeders to locate the same;
- Information reasonably sufficient to permit Exotic Bird Breeders to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 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 an exclusive copyright right that is allegedly infringed.
If you fail to comply with all of the requirements above, your notice may not be valid. All correspondence regarding this Web Site or any Works relating thereto may be sent to address in "Contact Us Section".
Exotic Bird Breeders and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Exotic Bird Breeders or its affiliate companies, and are protected by U.S. and/or international laws and treaties. No license to the use of such marks, names or trade dress is granted to any user under these terms and conditions or by use of the Exotic Bird Breeders Web Site. Any misuse of the trademarks displayed on the Exotic Bird Breeders Web Site is strictly prohibited. Be advised that Exotic Bird Breeders will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution. This applies to all misuses of its trademarks and trade names in metatags and/or hidden text. The use of Exotic Bird Breeders trademarks or trade names in metatag keywords is trademark infringement, and the use of trademarks or trade names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. The use of any trademarks, trade names, or brand names of third parties is used with permission secured through Exotic Bird Breeders (sales@ExoticBirdBreeders.Net) and/or as a fair use of the marks, names or brands.
Linking to Website or other Resources:
Periodically, links may be established from this Web Site to one or more external web sites or resources, operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Exotic Bird Breeders Web Site. None of such links should be deemed to imply that Exotic Bird Breeders endorses the Third Party Sites or any content therein. Exotic Bird Breeders does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Exotic Bird Breeders will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Users may not make knowingly false claims on third party websites with the intention to damage or harm the reputation of Exotic Bird Breeders. Exotic Bird Breeders reserves the right to prosecute if necessary.
Disclaimer of Warranty:
Access to Exotic Bird Breeders Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Exotic Bird Breeders reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Limitation of Liability:
IN NO EVENT WILL Exotic Bird Breeders BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OR REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT. EVEN IF Exotic Bird Breeders IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply.
Jurisdiction - Applicable Laws:
Exotic Bird Breeders controls this Web Site from its offices within the State of Ohio. Exotic Bird Breeders does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If the user accesses this Web Site from outside of the United States, he/she does so on his/her own initiative. The use is further responsible for compliance with any local laws. The terms of this Web Site shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions.
Communications to Exotic Bird Breeders:
Exotic Bird Breeders may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any features of the site, at any time and without notice. Exotic Bird Breeders also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Exotic Bird Breeders may terminate the authorization, rights and license given above at any time and without notice. Any continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
Notification of Change:
These terms may be revised over time as new features are added to the Exotic Bird Breeders Web Site. We will post all changes to these terms on this page and will indicate at the top of the page effective date of these terms. We therefore encourage you to refer to these terms on an ongoing basis so that you understand our current terms.
If you have questions concerning these terms, you may email us at: sales@ExoticBirdBreeder.Net, or contact us by phone: (970) 799-9331