Terms of Use
1. Your Acceptance
BY USING UPOADING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the
BIRDCINEMA.com domain name, the "BIRDCINEMA Website", or
"Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND
CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF
BIRDCINEMA'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.BIRDCINEMA.com/privacy.php, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to any of these terms, then please do not use
the BIRDCINEMA Website.
2. BIRDCINEMA Website
These Terms of Service apply to all users of Website,
including users who are also authors or contributors of video content,
information, and other materials or services on the Website. The Website may
contain links to third party websites that are not owned or controlled by BIRDCINEMA.
BIRDCINEMA has no control over, and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, BIRDCINEMA
will not and cannot censor or edit the content of any third-party site. By
using the Website, you expressly relieve BIRDCINEMA
from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Website and to
read the terms and conditions and privacy policy of each other website that you
visit.
3. Website Access
A BIRDCINEMA hereby grants you permission to use the Website as set forth in this Terms of
Service, provided that: (i) your use of the Website
as permitted is solely for your personal, noncommercial
use; (ii) you will not copy or distribute any part of the Website in any medium
without BIRDCINEMA's prior written authorization;
(iii) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you
will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features
of the Website, you will have to create an account. You may never use another's
account without permission. When creating your account, you must provide
accurate and complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password secure.
You must notify BIRDCINEMA immediately of any breach
of security or unauthorized use of your account. Although BIRDCINEMA
will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of BIRDCINEMA
or others due to such unauthorized use.
C. You agree not to use or launch
any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the
Website in a manner that sends more request messages to the YouTube>
servers in a given period of time than a human can reasonably produce in the
same period by using a convention on-line web browser. Notwithstanding the
foregoing, YouTube> grants the operators of public
search engines permission to use spiders to copy materials from the site for
the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. Video Around
reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the
communication systems provided by the Website for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the
Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the BIRDCINEMA Website, except all User Submissions (as
defined below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like
("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to BIRDCINEMA,
subject to copyright and other intellectual property rights under United States
and foreign laws and international conventions. Content on the Website is
provided to you AS IS for your information and personal use only and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever without the
prior written consent of the respective owners. BIRDCINEMA
reserves all rights not expressly granted in and to the Website and the
Content. You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use, copying, ordistribution> of User Submissions of third parties
obtained through the Website for any commercial purposes. If you download or
print a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the BIRDCINEMA Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the BIRDCINEMA Website or the Content therein.
5. User Submissions
A. The Website may now or in the future permit the submission of videos or other communications
submitted by you and other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, BIRDCINEMA
does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible
for your own User Submissions and the consequences of posting or publishing
them. In connection with User Submissions, you affirm, represent, and/or
warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use and authorize BIRDCINEMA to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service. For clarity, you retain all of
your ownership rights in your User Submissions. However, by submitting
the User Submissions to BIRDCINEMA, you hereby grant
BIRDCINEMA a worldwide, non-exclusive, royalty-free,
sublicenseable> and transferable license to use,
reproduce, distribute, prepare derivative works of, display, and perform the
User Submissions in connection with the BIRDCINEMA Website and BIRDCINEMA
's (and its successor's) business, including without limitation for promoting
and redistributing part or all of the BIRDCINEMA
Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the BIRDCINEMA
Website a non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, prepare derivative works of,
display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a User Submission
from the Website.
C. In connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the owner of
such rights or have permission from their rightful owner to post the material
and to grant BIRDCINEMA all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage BIRDCINEMA or any
third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or encourages conduct that would be
considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person.
BIRDCINEMA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BIRDCINEMA expressly disclaims any and all liability in connection with User Submissions. BIRDCINEMA does
not permit copyright infringing activities and infringement of intellectual
property rights on its Website, and BIRDCINEMA will
remove all Content and User Submissions if properly notified that such Content or
User Submission infringes on another's intellectual property rights. BIRDCINEMA reserves the right to remove Content and User
Submissions without prior notice. BIRDCINEMA will
also terminate a User's access to its Website, if they are determined to be a
repeat infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User Submission removed
from the Website more than twice. BIRDCINEMA also
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations other than
copyright infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or excessive
length. BIRDCINEMA may remove such User Submissions
and/or terminate a User's access for uploading such material in violation of
these Terms of Service at any time, without prior notice and at its sole
discretion.
D. In particular, if you are a
copyright owner or an agent thereof and believe that any User Submission or
other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number, and, if
available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and:
E. You understand that when using
the BIRDCINEMA Website, you will be exposed to User
Submissions from a variety of sources, and that BIRDCINEMA
is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further understand
and acknowledge that you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against BIRDCINEMA e with respect thereto, and agree
to indemnify and hold BIRDCINEMA, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
F. BIRDCINEMA
permits you to link to materials on the Website for personal, non-commercial
purposes only. In addition, BIRDCINEMA provides an
"Embeddable Player" feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials on the
Website, provided that you include a prominent link back to the BIRDCINEMA website on the pages containing the Embeddable
Player. BIRDCINEMA reserves the right to discontinue
any aspect of the BIRDCINEMA Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BIRDCINEMA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, BIRDCINEMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. BIRDCINEMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE YOUTUBE WEBSITE. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE YOUTUBE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL BIRDCINEMA ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIRDCINEMA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BIRDCINEMA
SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by BIRDCINEMA from its facilities in the Canada. BIRDCINEMA makes no representations that the BIRDCINEMA Website is appropriate or available for use in
other locations. Those who access or use the Website from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and
hold harmless BIRDCINEMA, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your
violation of any term of these Terms of Service; (iii) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or
guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in these Terms of Service, and to abide by and comply with these Terms of
Service. In any case, you affirm that you are over the age of 13, as the BIRDCINEMA Website is not intended for children under 13.
If you are under 13 years of age, then please do not
use the BIRDCINEMA Websiteâ?"there are lots of other great web sites for
you. Talk to your parents about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by BIRDCINEMA without
restriction.
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