Modifications
R. JAMES FRITH & ASSOCIATES Inc. reserves the right to modify any part of this Agreement at any time in its sole discretion. Any modification is effective immediately upon posting on this page. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services by requesting the closing of your account. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.
Acceptable Use
Your use of the services provided by R. James Frith & Associates Inc. is subject to the following agreement. Violations of this agreement may result in termination of your account with or without notice. R. James Frith & Associates Inc. recommends that members maintain their own backups of any 'irreplaceable' content, as R. James Frith & Associates Inc. cannot warrant that no loss or corruption of data shall occur.
Age Requirements
Use of MyBirdingPlace.com is limited to persons at least 13 years of age. Nobody under the age of 13 is allowed and no information of any person under the age of 13 will be knowingly collected by R. James Frith & Associates Inc. If you become aware of any person under the age of 13 who uses MyBirdingPlace.com, please contact us at support@mybirdingplace.com to report such occurrences. R. James Frith & Associates Inc. will immediately delete any information of and/or any accounts that we believe to belong to users under the age of 13.
Membership
Membership is available to anyone who provides all required information including your name, and an accurate and legitimate email address.
Prohibited Use
You may not use MyBirdingPlace.com. (1) in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, (2) in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, (3) to threaten, harass, abuse or intimidate others, (4) to damage the name or reputation of R. James Frith & Associates Inc. or MyBirdingPlace.com, (5) to break security on any computer network, or to access an account that does not belong to you, and (6) in any manner that interferes with other customers' use and enjoyment of the services provided by R. James Frith & Associates Inc.
Prohibited Content
As used herein, "content" shall mean all text, graphics (including avatars), photographs, pictures, drawings, animation, audio, video, and any other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person or entity in connection with R. James Frith & Associates Inc. or MyBirdingPlace.com
You are prohibited from storing, posting, distributing or transmitting any unlawful content at MyBirdingPlace.com Examples of unlawful content include but are not limited to direct threats of physical harm, stalking, any kind of pornography, and copyrighted, trademarked and other proprietary material used without proper authorization.
As used herein, "pornography" shall mean any explicit depiction or exhibition of sexual activity and/or sexual imagery that is intended to stimulate erotic, rather than PURELY aesthetic or emotional feelings.
Other prohibited content includes but is not limited to: (1) programs containing Trojan horses, virus and/or tools to compromise the security of MyBirdingPlace.com and/or other sites, (2) solicitations or advertisements, (3) suggestions or encouragement of illegal activity, (4) private information about any individual such as phone numbers, addresses, Social Security numbers or any other private information, and (5) duplicative posting or "spamming". Please note, that you can not upload images for which you don't have copyrights.
Ownership
You agree to upload only material that you created or for which you have permission from the copyright holder. Within the MyBirdingPlace.com community, it is acceptable for Reader A to download Reader B's photo, edit or mark it up, and repost it to the Site.
You retain copyright to images and text uploaded to MyBirdingPlace.com. By submitting material, however, you grant MyBirdingPlace.com and its successors or assigns a perpetual non-exclusive world-wide royalty-free license to publish that material on the World Wide Web as part of the MyBirdingPlace.com web site. You grant Us the right to edit, modify, quote, or reformat uploaded images and text, including the right to include advertisements and hyperlinks. You grant other readers the right to quote your material in their own postings on the Site.
Protection of Intellectual Property
MyBirdingPlace.com and R. James Frith and Associates Inc. does not allow any copyright infringement and will, if notified properly and if not satisfied with a response by an accused party, remove or disable access to such content. R. James Frith & Associates Inc. reserves the right to remove or disable access to content without prior notice as well as to terminate accounts and/or MyBirdingPlace.com membership of users whom R. James Frith & Associates Inc. determines to be repeat infringers and/or violators of any other clauses of R. James Frith & Associates Inc. Terms of Service.
If you believe that you are the owner of intellectual property which was copied in such a way by someone on MyBirdingPlace.com site that such copying represents violation of your intellectual property rights, please contact support@mybirdingplace.com with the following information included in your Claim Letter (please note that ALL information listed below is required from you in order for us to act upon your complaint):
- Your/your company/organization name and contact information and a description of your rights including a signature of the owner of the claimed rights or a party duly authorized to act on behalf of the owner
- A description of the property in question which you claim to be yours including the URL (location) of the media on MyBirdingPlace.com. Website and a statement that you have a good faith belief that the use of said material has not been authorized by the copyright owner, its agent, or the Law
- A statement by you (the owner or representative), made under penalty of perjury, that the above information in your Claim Letter is accurate and that you are either the owner of copyright or intellectual property or authorized to act on behalf of the owner.
Upon receipt of a proper notice as described above, R. James Frith & Associates Inc. will confirm the existence of the alleged infringing content on MyBirdingPlace.com , notify the user(-s) who posted the alleged infringing content, and take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing content from MyBirdingPlace.com if R. James Frith & Associates Inc., at its sole discretion, deems evidence submitted in the claim sufficient and/or infringement obvious. A user who posted an alleged infringing content may respond to R. James Frith & Associates Inc. notice by showing that either: (1) the infringing content has been removed or (2) the he/she has a an appropriate trademark registration or an appropriate valid license covering the use of the content or (3) that posting of the content does not, in fact, infringe upon the alleging party’s rights. If R. James Frith & Associates Inc. determines, at its own full discretion, that the user who had posted content allegedly violating someone’s intellectual property rights, does not, in fact, infringe upon the alleging party’s rights and does not violate DMCA, then R. James Frith & Associates Inc. will not remove, or will restore, the content in question.
Notwithstanding the foregoing, R. James Frith & Associates Inc. will promptly comply with the terms of any court order relating to alleged trademark infringement by any user of MyBirdingPlace.com.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MYBIRDINGPLACE.COM and R. JAMES FRITH & ASSOCIATES Inc. ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, NEGLIGENCE OR FAILURE TO MONITOR CONTENT OF THE WEBSITE, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) ARISING OUT OF YOUR USE OR INABILITY TO USE MYBIRDINGPLACE.COM PROPERLY OR TO YOUR FULL SATISFACTION, ANY OF MYBIRDINGPLACE.COM CONTENT, SERVICES, PRODUCTS AND/OR ANY RELATED SOFTWARE, EVEN IF R. JAMES FRITH & ASSOCIATES INC OR MYBIRDINGPLACE.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL R. JAMES FRITH & ASSOCIATES INC’S. and MYBIRDINGPLACE.COM’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MYBIRDINGPLACE.COM WEB SITE.
In recognition of the relative risks and benefits of Internet business to R. James Frith & Associates Inc., the risks have been allocated such that you agree, to the fullest extent permitted by law, to limit the liability R. James Frith & Associates Inc. for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of R. James Frith & Associates Inc. shall not exceed $500, or your total fees and costs, whichever is smaller. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
PROVISIONS OF THIS CHAPTER ("LIMITATION OF LIABILITY") SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE. |
