Terms and Conditions
Thank you for visiting www.hummingbirdsociety.org (the "Site"). THE INTERNATIONAL HUMINGBIRD SOCIETY (“Society”, “we”, or “us”) provides the content and materials on this Site as an information service.
SOCIETY RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME AND UPON SUCH REVISIONS WILL REVISE THE “LAST UPDATED” DATE AT THE BOTTOM OF THIS AGREEMENT. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT AGREEMENT. YOUR USE OF THE SITE AFTER THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR AGREEMENT TO THE MODIFIED TERMS.
2. User Information. “User Information” is defined as any and all information or data You provide to SOCIETY or SOCIETY collects from You through any interactive feature of the Site including email submissions, online store purchases, online store product descriptions, and any and all other information You provide. You represent and warrant that Your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent; (iii) does not infringe any third party’s trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other intellectual property or proprietary rights (collectively ”Infringement Violations”); (iv) does not violate any applicable federal, state, local, or foreign law, statute, ordinance or regulation (collectively, “Laws”); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) does not create liability for SOCIETY; and (ix) does not link directly or indirectly to another web site. SOCIETY has the right but not the obligation to monitor and edit or remove any activity or content.
3. Fees and Charges. We currently do not charge for any Services offered through the Site. However, in some cases, donations to SOCIETY may be encouraged. With respect to any such donations, we will not charge You until you have first had an opportunity to review and accept the donation amounts to be charged. In the event we introduce a new service, the fees for that service, if any, are effective at the launch of the service. We may also choose to temporarily lower the fees for any Service-based fees for promotional events, and such changes are effective when we post information about the promotional event on the Site.
4. License to Submitted Content. You hereby grant to SOCIETY a cost free, royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use without restriction, all messages, files, text, pictures, drawings, photographs, artwork, opinions, ideas, suggestions, and other materials, content and feedback that you upload, post or submit to the Site or send to use for display on the Site, or which you send to other users on the Site (collectively, “Submitted Content”). Nothing contained in this Agreement shall limit or otherwise affect these rights.
5. Modifications of Site. User understands and agrees that SOCIETY may discontinue or change the Site at any time, without notice.
6. Copyright Protection. The content, features and functions displayed on the Site by SOCIETY, including, without limitation, text, graphics, logos, button icons, images, audio clips, video, data compilations, and software ("SOCIETY Content" and collectively with Submitted Content, the “Content”), is the property of SOCIETY or its third party licensors, and is protected by U.S. and international copyright and other intellectual property Laws.
7. Trademarks. The Site contains trademarks and trade names of SOCIETY. Third party trademarks and trade names are the property of their respective owners. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by SOCIETY or by any third party.
8. SOCIETY Content Use Limitations. User agrees not to copy, reproduce, modify, adapt, display, translate, transmit, perform, publish, create derivative works from, or store any SOCIETY Content on the Site without the express prior written consent of SOCIETY. User also agrees not to distribute, transmit, broadcast or circulate any SOCIETY Content to others, without the express prior written consent of SOCIETY , except User may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of such SOCIETY Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided User includes all copyright and other proprietary rights notices with that portion of the SOCIETY Content, in the same form in which the notices appear on the Site, and the phrase "Used with permission from SOCIETY.”
User may not post any SOCIETY Content to any non-SOCIETY owned or controlled forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of SOCIETY. Use of all SOCIETY Content is for non-commercial purposes only.
SOCIETY Content includes information, tips, facts, views, and opinions SOCIETY deems worthy of publication. SOCIETY DOES NOT GIVE TECHNICAL, BUSINESS, OR ANY OTHER PROFESSIONAL ADVICE THROUGH OR IN CONNECTION WITH THE SITE.
9. Additional Use Limitations. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) using any automatic or manual process to monitor or copy any portion of the Site without SOCIETY’s prior written permission; (vi) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (vii) introducing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SOCIETY in providing the Site. Any violation of system or network security may subject You to civil and/or criminal liability.
Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any Laws strictly prohibited. You agree not to use the Site in any manner which causes any Infringement Violations of SOCIETY or any third party. You shall be solely responsible for any violations of any Laws and for any Infringement Violations of SOCIETY or any third party rights caused by You. The burden of proving that your activities in connection with the Site do not violate any Laws or cause any Infringement Violations rests solely with You.
10. Mobile Devices. If permitted or available through the Site, to (a) upload content to the Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which SOCIETY makes the Site available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Site, including, but not limited to, if the Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Site. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Site. Any equipment or software causing interference will be immediately disconnected from the Site and SOCIETY will have the right to immediately terminate this Agreement. If any upgrade in or to the Site requires changes in your equipment or software (including the operating system for your Device), you must make these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Site, including the release of new products and services, will be subject to the terms and conditions of this Agreement.
11. User Code of Conduct. In using the Site, you agree:
not to "spam" others or "phish" for others' personal information;
not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any part of the Site;
not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
not to use, frame or utilize framing techniques to enclose any part of this Site without SOCIETY's express prior written consent;
not to create or use a false identity on this Site;
not to collect or store personal data about others;
not to attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access;
not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, in violation of any third party proprietary rights, or in violation of any law or regulation;
not to use the features of this Site at any other web site;
12. Links to Other Sites. For your convenience and enjoyment, this Site may provide links to other third party web sites on the World Wide Web that are not operated by SOCIETY ("Third Party Site"). SOCIETY has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. SOCIETY may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by SOCIETY to, or an endorsement by SOCIETY of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. SOCIETY is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, SOCIETY is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any SOCIETY products or services through a social network platform, including through links provided by SOCIETY through the Site, you may be able to post such information directly to your profile at the social networking platform without leaving the Site. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by SOCIETY, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
13. Violations. SOCIETY may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Your use of the Site. You agree that we may access Your records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Site. SOCIETY reserves the right to terminate Your access to the site immediately, with or without notice to You, if we believe You have violated any terms of this Agreement, furnished SOCIETY with false or misleading information, or interfered with use of the Site by others. All determinations are final and are made in SOCIETY's sole discretion. By agreeing to this Agreement, You agree to participate in investigations and be bound by SOCIETY's determinations. If SOCIETY, in its sole discretion, determines that a violation of this Agreement has occurred, or if SOCIETY believes that Your actions may cause legal liability for You, our users or us, SOCIETY may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any posted material from our Site, suspending or canceling Your access to or use of the Site, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any terms of this Agreement. SOCIETY may cooperate with any investigation by any federal, state, or local body or any court or tribunal. Such cooperation may be with or without notice to You.
14. DISCLAIMER OF WARRANTIES. Although SOCIETY strives to provide high quality content, SOCIETY does not guarantee or warrant the accuracy, completeness or timeliness of the Content.
15. BY USING THE SITE, THE CONTENT OR THE SERVICES, USER IS AGREEING THAT UNDER NO CIRCUMSTANCE WILL SOCIETY OR ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS OR AFFILIATES BE RESPONSIBLE FOR (I) ANY INFORMATION (REGARDLESS IF PROVIDED OR OMITTED BY SOCIETY, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS)) CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE SITE; (II) ANY PERSON'S RELIANCE ON ANY CONTENT (REGARDLESS OF WHETHER PROVIDED BY SOCIETY, ITS PARTNERS, OR OTHER THIRD PARTIES (INCLUDING OTHER USERS) OR SERVICES, WHETHER OR NOT THE CONTENT OR SERVICES ARE CORRECT (OR ADEQUATELY PERFORMED), CURRENT OR COMPLETE; (III) THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON THE CONTENT OR SERVICES BY OR AS A RESULT OF THE USE OF THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR (V) THE LOSS OF ANY PERSONAL DATA THROUGH THE SITE, OR DAMAGES CAUSED BY ANY ITEM BOUGHT OR SOLD THROUGH THE SITE.
USER SPECIFICALLY AGREES THAT IN NO EVENT SHALL SOCIETY OR ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS OR AFFILIATES BE LIABLE FOR ANY CONDUCT BY USER ASSOCIATED WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS, ONLINE STORES, CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT MAY BE OFFERED IN THE FUTURE.
IN NO EVENT SHALL SOCIETY OR ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF SOCIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN THE EVENT SOCIETY IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
These limitations apply among other things to any third-party claims against SOCIETY. The provisions of Sections 14-16 represent a reasonable allocation of the risks under this Agreement. SOCIETY's willingness to allow you to access and use the Site reflects this allocation of risk and the limitations of liability specified herein.
16. User agrees to defend, indemnify and hold harmless SOCIETY and (as applicable) its officers, members, employees, contractors, representatives, agents, parents, subsidiaries, partners and affiliates from and against any and all claims and expenses, including attorneys' fees, resulting from or otherwise arising out of User’s use of the Site or breach of the Agreement, including, but not limited to, the Content; goods purchased and sold through the Site (including from other Users and other third parties); forum postings; communications between You, SOCIETY, other Users, our business partners, and/or other third parties; and Infringement Violations and violation of Laws by You.
17. We may make certain software available to You from the Site. If You download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed licensed to You by SOCIETY, for Your personal, noncommercial, home use ONLY. Such download does not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You shall not sell, redistribute, or reproduce the Software, nor shall You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by SOCIETY or its licensors and You shall not copy or use them in any manner.
19. Applicable Law. User acknowledges that the SOCIETY Content contained in this Site is controlled in and originates from the United States. Users who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of Site and any Content shall be governed by the internal substantive laws of the State of Arizona, without regard to its conflicts of laws rules. User expressly consents to the jurisdiction of the state and federal courts of Arizona for any such claim.
20. Notice. Any notices given pursuant to this Agreement that are directed to SOCIETY shall be given by postal mail to:
International Hummingbird Society
6560 State Route 179
PO Box 20698
Sedona, Arizona 86341
Any notice from SOCIETY that is directed to You shall be delivered to the last mailing address or email address You have provided us. Notice shall be deemed given twenty four (24) hours after email is sent, unless we are notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. SOCIETY may also give notice of changes to this Agreement or other matters related to SOCIETY by displaying notices to Users on the Site.
21. General. This Agreement constitutes the entire agreement between SOCIETY and You with respect to Your use of the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. SOCIETY's failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Sections 4, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 shall survive any expiration or termination of this Agreement.
22. Infringement Policy. You may not use the Site for any purpose or in any manner that violates the rights of any third party. We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party's intellectual property rights. If you believe that Your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed upon; (iii) a description of where the material that You claim is infringing is located on the Site; (iv) Your address, telephone number, and e-mail address; (v) a statement by You that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner's behalf.
It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.
Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.
Please contact SOCIETY's Designated Agent to Receive Notification of Claimed Infringement at the following address:
International Hummingbird Society
Beth Kingsley Hawkins
6560 State Route 179
PO Box 20698
Sedona, Arizona 86341