Terms & Conditions

Please read these Terms & Conditions carefully before using our website and our services! By using BirdsView.de and BirdsView web services you agree to the following Terms & Conditions!

Date of last revision (2.0.1): 10th of November 2012

The gist:

We (BirdsView) run a web site and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as your own channel. For these upgrades you might need to accept further terms of use dealing with prices, reimbursement, duration of services and similar information necessary for the chosen service. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

Terms & Conditions:

The following terms and conditions govern all use of the BirdsView.de, BirdsView.net, BirdsView.org, BirdsView.at, BirdsView.me websites (collectively, the “website”) and all content, services and products available at or through the website. Some services will require other or additional terms of use that are available in connection with these services. The Website is owned and operated by BirdsView. The web site is 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 BirdsView’s Privacy Policy) and procedures that may be published from time to time on this site by BirdsView (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site. 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 web site or use any services. If these terms and conditions are considered an offer by BirdsView, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your BirdsView Account and Site. For some of our services you will need a BirdsView account. Registration requires a user name, an email account and a password. You may use our services under a pseudonym. It is important that you give us the required information completely and correctly, so we can contact you in individual cases. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and BirdsView may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause BirdsView liability. You must immediately notify BirdsView of any unauthorized uses of your account or any other breaches of security. BirdsView 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. Each user chooses his own user name or allows the program to propose a name. When choosing your user name please make sure that you don’t choose a name that:
   
   • Belongs to another person in order to pretend you are that person
   • Contains vulgar, defamatory, racial or ethnically incorrect parts or is insulting in any other way
   • Hurts the rights of any person
   • Belongs to a popular figure, celebrity or prominent figure
   • Relates to a religious figure or deity
   • Is in connection to drugs, sex, alcohol or criminal activities

   You may not use wrong or alternated spelling to avoid these terms of use. BirdsView may deactivate or delete any account that violates our Terms & Conditions. BirdsView is not liable for any consequences resulting from certain user names. Please make sure to save your content from time to time. BirdsView is not liable for the loss of data.

   BirdsView reserves itself the right to reclaim usernames on behalf of businesses, companies or individuals that hold legal claim or trademark on those usernames.

2. Responsibility of Contributors. If you make (or allow any third party to make) material available by means of the web site (any such material, “Content”), you are entirely responsible for the Content and for any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, hyperlinks, computer software, music, graphics, 3D graphics, photographs, images, sounds, videos, messages and any other like content. 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 anyone has rights to intellectual property you create, you have either (i) received permission from the person concerned to post or make available the Content or (ii) secured from that person 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 content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
   • your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your content’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 BirdsView or otherwise.

   By submitting Content to BirdsView for inclusion in your point of interest ("POI"), you grant BirdsView a world-wide, royalty-free, and non-exclusive license to reproduce, modify, transcode, reformat, adapt and publish the content to allow its use throughout the BirdsView services, including but not limited to the purpose of displaying, distributing and promoting your content. If you delete content, BirdsView 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, BirdsView has the right (though not the obligation) to, in BirdsView‘s sole discretion (i) refuse or remove any content that, in BirdsView’s reasonable opinion, violates any BirdsView 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 BirdsView‘s sole discretion. BirdsView will have no obligation to provide a refund of any amounts previously paid.

3. Location based Services (LBS) LBS offer information considering the location of the customer. This results from locating the customer on his demand.
4. Payment and Renewal
   • General Terms.
     Optional paid services such as your own channel are available on the web site. By selecting an upgrade you agree to pay BirdsView fees indicated for that service. Upgrade fees are not refundable.
   • Automatic Renewal.
     Unless you notify BirdsView before the end of the applicable subscription period that you want to cancel an upgrade, your upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such upgrade (as well as any taxes) using any payment mechanism we have on record for you.
5. Responsibility of Website Visitors. BirdsView has not reviewed, and cannot review all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, BirdsView does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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 website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BirdsView 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.
6. 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 BirdsView links, and that link to BirdsView. BirdsView does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to any website or webpage, BirdsView 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. BirdsView disclaims any responsibility for any harm resulting from your use of websites and webpages.
7. Copyright Infringement and DMCA Policy. As BirdsView 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 BirdsView violates your copyright, you are encouraged to notify BirdsView. BirdsView will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BirdsView 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 BirdsView or others. In the case of such termination, BirdsView will have no obligation to provide a refund of any amounts previously paid to BirdsView.
8. Intellectual Property. This Agreement does not transfer from BirdsView to you any BirdsView or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BirdsView. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any BirdsView or third-party trademarks.
9. Advertisements. BirdsView reserves the right to display advertisements.
10. Changes. BirdsView 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BirdsView may also, in the future, offer new services and/or features through the Website (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.
11. Termination. BirdsView 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 account (if you have one), you may simply discontinue using the Website.
12. Additional Third Party Terms. All your Content is available and downloadable via services and (mobile) application of our partners. Use of our service and our partner´s services is therefore subject to the following additional terms:
    • Junaio Terms of Service available at: http://dev.junaio.com/index/license
    • Layer Terms of Service available at: http://www.layar.com/legal/terms/
    • Wikitude Terms of Service available at: http://www.wikitude.com/en/team/legal
13. Disclaimer of Warranties. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. BirdsView 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 BirdsView nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. The Website may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. BirdsView expressly refuses any liability! YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE BIRDSVIEW WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA!
14. Limitation of Liability. In no event will BirdsView, 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) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BirdsView under this agreement during the twelve (12) month period prior to the cause of action. BirdsView 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.
15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the BirdsView 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 Website will not infringe or misappropriate the intellectual property rights of any third party.
16. Indemnification. You agree to indemnify and hold harmless BirdsView, 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 Website, including but not limited to your violation of this Agreement.
17. Miscellaneous. This Agreement constitutes the entire agreement between BirdsView and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BirdsView, or by the posting by BirdsView of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Germany.

Changelog:

10th of November 2012, Version 2.0.1: Minor layout adaptions, no changes in terms.

19th of February 2012, Version 2.0: Minor adaptions to our requirements.

16th of November 2011, Version 1.0: Based on WordPress