Terms of Use

The following terms and conditions govern all use of Urban Bird Foundation’s websites (urbanbird.org and burrowingowlconservation.org) and all content, services and products available at or through the websites. The Websites are owned and operated by Urban Bird Foundation (“Urban Bird”). The Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Urban Bird’s Privacy Policy) and procedures that may be published from time to time on this Site by Urban Bird (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Websites. By accessing or using any part of the websites, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites or use any services. If these terms and conditions are considered an offer by Urban Bird, acceptance is expressly limited to these terms. The Websites are available only to individuals who are at least 13 years old. You will not submit any personal information if you are under 13 years of age.

Information on these websites.
The Content (as defined below) available on these Websites are intended to be a general information resource and are provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe Urban Bird’s publication of the Content on these Websites as a warranty or guarantee of the quality, accuracy or availability of any goods or services.

Responsibility of Contributors.
If you contribute to the blog, comment on the blog, post material to the Websites, post links on the Websites, or otherwise make (or allow any third party to make) material available by means of the Websites (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Urban Bird or otherwise.

By submitting Content to Urban Bird for inclusion on the Website, you grant Urban Bird a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content.

Without limiting any of those representations or warranties, Urban Bird has the right (though not the obligation) to, in Urban Bird’s sole discretion (i) refuse or remove any content that, in Urban Bird’s reasonable opinion, violates any Urban Bird policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Urban Bird’s sole discretion.

Responsibility of Website Visitors.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that contains technical inaccuracies, typographical mistakes, and other errors. Urban Bird disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which urbanbird.org and burrowingowlconservation.org links, and that link to urbanbird.org and burrowingowlconservation.org. Urban Bird does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a non-Urban Bird website or webpage, Urban Bird does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Urban Bird disclaims any responsibility for any harm resulting from your use of non-Urban Bird websites and webpages.

Copyright Infringement and DMCA Policy.
As Urban Bird asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Urban Bird violates your copyright, you are encouraged to notify Urban Bird. Urban Bird will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Urban Bird will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Urban Bird or others.

Intellectual Property.
This Agreement does not transfer from Urban Bird to you any of Urban Bird’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Urban Bird. Urban Bird, Burrowing Owl Conservation Network, UrbanBird.org, BurrowingOwlConservation.org, and logos, and all other trademarks, service marks, graphics and logos used in connection with the Websites are trademarks or registered trademarks of Urban Bird. Other trademarks, service marks, graphics and logos used in connection with the Websites may be the trademarks of other third parties. Your use of the Websites grants you no right or license to reproduce or otherwise use any Urban Bird or third-party trademarks.

Changes.
Urban Bird reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites following the posting of any changes to this Agreement constitutes acceptance of those changes. Urban Bird may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.
Urban Bird may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Urban Bird account (if you have one), you may simply discontinue using the Website. Urban Bird can terminate the Websites immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.
The Website is provided “as is”. Urban Bird and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Urban Bird nor its suppliers and licensors, makes any warranty that the Websites will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Websites at your own discretion and risk.

Limitation of Liability.
In no event will Urban Bird, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) or for interruption of use or loss or corruption of data. Urban Bird shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.
You represent and warrant that (i) your use of the Websites will be in strict accordance with the Urban Bird’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Websites will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.
You agree to indemnify and hold harmless Urban Bird, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Websites, including but not limited to your violation of this Agreement.

Applicable Jurisdiction and Law.
These Terms of Use, along with the Privacy Policy, shall be governed in accordance with the laws of the State of California, without regard to principles of conflict of laws. Any dispute arising out of, in connection with, or related to these Terms of Use or your use of Urban Bird’s Website/Media, shall be brought in any Federal or State Court located in Napa County and the State of California, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Copyright Notice
© 2018 Urban Bird Foundation, 101 W. American Canyon Rd #508-201, American Canyon, CA 94503, USA. All rights reserved. Some Materials delivered from the Websites may contain other proprietary notices and copyright information relating to those Materials.

Miscellaneous.
Urbanbird.org and Burrowingowlconservation.org are intended solely for users in the United States.