BirdSpeak: E-Cards

BIRDSPEAK TERMS AND CONDITIONS

"Site" means the website www.birdspeak.com
"E-Cards" means the electronic greetings cards available on the Site, including downloadable versions thereof
"Materials" means all photographs, graphics, images, illustrations, sound clips, graphics, animations and text on the Site, including the E-Cards
"The Company" means Jacquie Bird’s BirdSpeak, a company registered in the United States and trading as www.birdspeak.com &
"Member" means any person who has purchased a license to use additional E-cards and other features of the Site
"You" means any person visiting or browsing the Site, including Members
"Agreement" means this document

Introduction

This document is in two parts.
The first part contains the conditions of use of the Site, and applies to all persons visiting or browsing the Site, including Members.
The second part contains the terms of sale of a license to use additional features of the Site, and applies only to those who choose to become Members by purchasing such a license.

Conditions of Use of Site

The following is a legal agreement between you and the Company. By browsing or using the Site, you acknowledge that you have read, understood, and agreed to be bound to by this Agreement.

1. All Materials are protected by copyright, and owned or controlled by the Company or the parties credited in the copyright notices within the Materials. You shall abide by all additional copyright restrictions contained in any Materials accessed through the Site.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part, except as otherwise provided for in this Agreement. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices contained therein. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company or the parties credited in the copyright notices within the Materials.

2. Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden except as otherwise provided for in this Agreement.

3. The Company may from time to time in its sole discretion publish E-Cards which may be viewed, sent by e-mail to third parties, or downloaded from the Site. The Company
may further determine that certain of these E-Cards are exclusively for the use of Members and that others are available also to non-Members.

4. The Company may further vary from time to time in its sole discretion the Materials and other features of the site available to Members and non-Members.

5. All Materials are subject to change without notice.

6. You agree that you will not through the use of the Site violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless the Company and all
officers, directors, owners, agents, Material providers, licensors and licensees from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by them in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. You may not use this Site to send E-cards to mailing lists or to send unsolicited bulk or commercial messages. The use of computer programs which automate the process of sending or viewing any of the Materials is strictly prohibited. We reserve the right to limit, in our sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

8. The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.

9. The Materials are provided "as is" without warranty of any kind, either expressed or implied. The Company is not responsible for any failure of E-Cards sent through the Site to reach their intended recipients or to reach such recipients on the date specified by the sender.

10. Neither the Company nor any of its officers, directors, employees or affiliates shall be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys' fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any
information provided at the site, even if the Company has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that the Company and its affiliates' aggregate liability shall not exceed the amount paid pursuant to the terms of this Agreement.

11. The Company may modify this Agreement at any time by updating this page. By using the Site, you agree to be bound by any such revisions and you should periodically visit the Site to determine the terms to which you are bound.

12. This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the United States, and you and the Company submit to the exclusive jurisdiction of the United States Courts.

Terms of Sale Agreement

The following is an additional set of terms that apply only to those who choose to become Members by purchasing a license to use the E-Cards.

1. These Terms are in addition to the Conditions of Use of Site above and nothing in these Terms shall be deemed to override or replace any of the above Conditions.

2. The Company hereby grants you a limited license to use such E-Cards and other features of the Site as are from time to time determined, at the Company’s sole discretion, to be available for Members only.

3. In order to become a Member, you must pay a membership fee. For current rates, click here. You may pay for your membership by credit card, or PayPal. We accept Visa, Mastercard, American Express or Discover.

4. If you choose to pay by PayPal, please use our online application procedure.

5. Please be aware that we will send a small test transaction through your credit card or PayPal account to make sure that the account you have given us is valid. This test transaction may occur before any applicable free trial is over, or before your membership has expired. This test transaction is not a charge, and will fall off your account in approximately 72 hours – it is just a way to make confirm that your
payment method is valid. If payment is fraudulent, your membership will be canceled.

6. In order to use the Site, you will be required to select a password to be used in conjunction with your e-mail address. You must not disclose this password to others orpermit others to use your password so as to access the Site.

7. No use of the Site, E-Cards or Materials is permitted save that permitted by the Conditions of Use of Site above.

8. You must ensure that the e-mail address which you give as part of your membership details is your correct and valid e-mail address.

9. If you change your e-mail address you must notify the Company by means of the facilities made available on the Site.

10. You accept that the Site is reliant on the work of a single artist, and on the continued ability of that single person to continue working. Your purchasing of a license does not commit the Company to the future maintenance or availability of the Site nor to the release of further
E-Cards.

11. In the case of a technical problem that prevents you from using the Site for a period of a week or more, memberships will be extended for said period.

12. The Company may from time to time in its sole discretion modify the list of E-Cards and other features of the Site which are available exclusively to Members. The Company may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.

13. The Company may modify this Agreement at any time by updating this page. By becoming a Member, you agree to be bound by any such revisions and you should periodically visit the Site to determine the Terms to which you are bound. Your continued use of the Site now, or following the posting of any changes to this Agreement, will indicate acceptance by you of such changes.

Contact Details
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