Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 Website or use any services. If these terms and conditions are considered an offer by drbirds, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your drbirds.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and drbirds may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause drbirds liability. You must immediately notify drbirds of any unauthorized uses of your blog, your account or any other breaches of security. drbirds will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (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 drbirds or otherwise.
By submitting Content to drbirds for inclusion on your Website, you grant drbirds 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 blog. If you delete Content, drbirds will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, drbirds has the right (though not the obligation) to, in drbirds's sole discretion (i) refuse or remove any content that, in drbirds's reasonable opinion, violates any drbirds 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 drbirds's sole discretion. drbirds will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay drbirds the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify drbirds before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to drbirds in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay drbirds the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. drbirds reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to drbirds.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by drbirds to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free drbirds.com services. All support will be provided in accordance with drbirds standard services practices, procedures and policies.
drbirds ("drbirds") operates drbirds.com and may operate other websites. It is drbirds's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, drbirds collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. drbirds's purpose in collecting non-personally identifying information is to better understand how drbirds's visitors use its website. From time to time, drbirds may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
drbirds also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on drbirds.com blogs/sites. drbirds only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to drbirds's websites choose to interact with drbirds in ways that require drbirds to gather personally-identifying information. The amount and type of information that drbirds gathers depends on the nature of the interaction. For example, we ask visitors who sign up at drbirds.com to provide a username and email address. Those who engage in transactions with drbirds are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, drbirds collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with drbirds. drbirds does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
drbirds may collect statistics about the behavior of visitors to its websites. drbirds may display this information publicly or provide it to others. However, drbirds does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
drbirds discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on drbirds's behalf or to provide services available at drbirds's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using drbirds's websites, you consent to the transfer of such information to them. drbirds will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, drbirds discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when drbirds believes in good faith that disclosure is reasonably necessary to protect the property or rights of drbirds, third parties or the public at large. If you are a registered user of an drbirds website and have supplied your email address, drbirds may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with drbirds and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. drbirds takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If drbirds, or substantially all of its assets, were acquired, or in the unlikely event that drbirds goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of drbirds may continue to use your personal information as set forth in this policy.