These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Service.
1. Membership and account security
1.1 While You may browse the Website and order products as a guest user, to access certain services on the Website, You must submit an application to become a subscriber. You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole discretion. If approved, when You create an account, You agree You are responsible for maintaining the confidentiality and security of Your account by, among other things: (i) ensuring that Your registration details are true, up to date, and accurate; (ii) not sharing Your password, letting anyone else access Your account, transferring Your account to any other person, or taking other actions that might jeopardize the security of Your account.
1.2 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Services and Your purchase of products or services through them. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.
1.3 When You visit the Website or send e-mails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account.
2. Content and links
2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by the Website on or through the Website Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.“ The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.
2.2 Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for Your personal information and for using the Website, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.
2.3 Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for Your convenience only, and You access them at Your own risk.
3. License and site access
3.1 WorldBirds.com hereby grants You a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
3.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent. You may not use any meta tags or any other “hidden text“ utilizing the Website’s name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
4. Digital millenium copyright act
4.1 If You believe that Your work has been copied in a way that constitutes copyright infringement or Your intellectual property rights have otherwise been violated, please provide WorldBirds.com copyright agent (“Agent“) with the written information specified below:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located;
(d) Your address, telephone number, facsimile number, and email address;
(e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
(f) A statement by You, under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
5.2 The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
E-mail: [email protected]
Mail: Attn: Worldbirdscom LLC Legal Department
6173 NW 23 ROAD
BOCA RATON, FL 33434
5.3 We reserve the right, in appropriate circumstances and at our sole discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of WorldBirds.com or others.
6. Disclaimer and limitation of liability
6.1 WorldBirds.com MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY LINKED SITES, OUR PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. WorldBirds.com ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO USERS “AS IS,“ WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS“ CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE OR THE SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
6.2 EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF WorldBirds.com, UNDER NO CIRCUMSTANCES SHALL WorldBirds.com, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE OR LOSS OF BUSINESS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, ITS CONTENT OR THE SERVICES, EVEN IF WorldBirds.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
7.1 You agree to defend, indemnify, and hold harmless WorldBirds.com, its vendors and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of the Website or the Services, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Website. To the extent permitted by applicable law, You hereby release WorldBirds.com from any and all claims or liability related to any product or service of WorldBirds.com and any conduct, action, or inaction by WorldBirds.com or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.
8. Arbitration and class action waiver.
8.1 Binding Arbitration. Any dispute or claim arising in any way from Your use of the Website or the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Website or Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but You may assert claims in small claims court if Your claims qualify.
8.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
8.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
8.4 Starting an Arbitration. To begin an arbitration proceeding, You must send us a notice of dispute, in writing, setting forth Your name, address and contact information, the facts of the dispute and relief requested. You must send Your notice of the legal dispute to us at the following address: [email protected]. We will send any notice of the dispute to You at the contact information we have for You.
8.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
8.6 Fees. If You initiate arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, WorldBirds.com will pay all other AAA and arbitrator’s fees and expenses.
8.7 Individual Basis. To the fullest extent permitted by applicable law, You and WorldBirds.com each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and WorldBirds.com each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
8.8 Limitation Period. In no event shall any claim, action or proceeding by You or WorldBirds.com be instituted more than one (1) year after the cause of action arose.
8.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
8.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, You and WorldBirds.com each agree to the exclusive jurisdiction of the Federal and State courts located in Cleveland, Ohio, and You and WorldBirds.com each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
8.11 Opting Out. If You do not want to arbitrate disputes with WorldBirds.com and You are an individual, You may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date You access or use the Service.
9. General provisions.
9.1 Termination. If You breach any of the terms of these Terms, all licenses granted by us, including permission to use the Website and the Service, will terminate automatically. Additionally, we may suspend, disable, or cancel subscription with or without notice, for any or no reason. If we cancel Your subscription for any suspected breach of these Terms by You, You are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by WorldBirds.com or You. Termination will not limit any of our other rights or remedies at law or in equity.
9.2 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to WorldBirds.com for which monetary damages would not be an adequate remedy and WorldBirds.com shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
9.3 Notices . We may give notice to You by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to [email protected] . Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
9.4 Miscellaneous . These Terms may not be modified except by a writing executed by the duly authorized representatives of WorldBirds.com or pursuant to Section 9.5 of these Terms. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by WorldBirds.com but may not be assigned by You without the prior express written consent of WorldBirds.com. Any attempt by You to assign these Terms without the written consent of WorldBirds.com shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and WorldBirds.com agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and Your use of the Website and the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
9.5 Modifications . We may occasionally update these Terms. When we do update these Terms, we will also revise the “Last Updated“ date at the top of these Terms. If we make changes to these Terms that, in our discretion, we consider significant, we will post the updated Terms on the Website and we may also send emails to our subscribers containing a link to the revised Terms. If You continue to use the Website or the Service after we post an update to these Terms, You indicate Your acceptance of the updated Terms.
9.6 Contact Us. If You have any questions regarding these Terms, the Website or the Service please contact us at [email protected]birds.com.