Usage Policies |
This
is the Web site of Bird Barrier America, Inc. Inc. of Carson, California,
USA. By using this site, you agree to follow and be bound by the policies
described below. Please note that Bird Barrier America, Inc. reserves
the right to change these policies by posting revised versions of the
provisions below at any time.
Proprietary
Rights. Bird Barrier America, Inc. Inc. reserves all copyrights and other
proprietary rights in materials (including without limitation software,
text and trademarks) created by its personnel. Other material posted on
the Web Site may also be protected by copyright law. By uploading a file
to the Web Site, you agree that others may reproduce and distribute all
information, software and other materials in the file and you retain full
legal responsibility for all files that you upload. Free-of-charge
access of this Web site is intended only for paying Bird Barrier America,
Inc. customers. It shall not be used for any purposes other than those
that will generally result in purchases of Bird Barrier America, Inc.
products. Users of the site who have other motivations will have their
access revoked.
User
Rules. You are responsible for your communications via this Web Site.
In accessing and using this Web Site, you may not, under any circumstances,
do any of the following: (a) publish, post, distribute or disseminate
injurious, defamatory, infringing, obscene or other unlawful materials
or information; (b) use the Web Site to threaten, harass, or otherwise
violate the legal rights (including without limitation rights of privacy
and publicity) of others; (c) intercept or attempt to intercept email;
(d) upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary consents;
(e) upload files that contain a virus or corrupted data; (f) delete any
author attributions, legal notices or proprietary designations or labels
in a file that you upload; (g) falsify the source or origin of software
or other material contained in a file that you upload; (h) download a
file that you know (or reasonably should know) cannot be legally distributed
via the Web Site; or (i) act (or fail to act) in your use of the Web Site
in a manner that is contrary to these User Rules or to applicable law
or regulation.
Files
that you upload, and your activity in conferences, chats and other forums
are subject to review, modification and deletion without notice by BIRD
BARRIER AMERICA, INC. or its designees. BIRD BARRIER AMERICA, INC. reserves
the right in its sole discretion to change its policies concerning this
Web Site at any time, and to withdraw, suspend or discontinue any feature
of this Web Site at any time. You are responsible for adhering to any
limitations posted concerning files uploaded to this Web Site (e.g., regarding
reproduction and dissemination).
You agree
to indemnify and hold BIRD BARRIER AMERICA, INC. harmless from any and
all liabilities, expenses (including attorneys' fees) and damages arising
out of claims based on your use of this Web Site, including without limitation
any claim of personal or injury to property, libel, defamation, violation
of privacy or publicity rights, loss of service by other users, and infringement
of intellectual property or other rights. BIRD BARRIER AMERICA, INC. will
notify you promptly of any claim for which it seeks indemnification hereunder.
Advertisements.
Advertisements and statements contained therein are the sole responsibility
of the persons or entities that post the advertisement, and BIRD BARRIER
AMERICA, INC. does not make any warranty as to the accuracy, completeness,
truthfulness or reliability of such advertisements. BIRD BARRIER AMERICA,
INC. has no liability whatsoever for any third party claims arising in
connection with such advertisements or any products or services mentioned
therein.
Email
formatting. To promote reliable communications via the Web Site, BIRD
BARRIER AMERICA, INC. reserves the right to open, re-format and re-transmit
to the intended recipient any email message from you to any advertiser
or other user.
Disclaimers.
THIS WEB SITE AND ALL INFORMATION AND SERVICES WITHIN IT ARE PROVIDED
"AS IS." BIRD BARRIER AMERICA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES
AS TO THE USABILITY, CONDITION, COMPLETENESS OR ACCURACY OF THE INFORMATION
AND OTHER MATERIALS PREPARED OR PUBLISHED BY BIRD BARRIER AMERICA, INC.
OR ANY THIRD PARTY HEREIN. BIRD BARRIER AMERICA, INC. DOES NOT WARRANT
THAT ACCESS TO OR USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT THIS WEB SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE
OR QUALITY. BIRD BARRIER AMERICA, INC. EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OR MERCHANTABILITY,
TITLE, FITNESS FOR A PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY,
AND ACCURACY. STATEMENTS MADE IN FORUMS, CONFERENCES AND CHATS REFLECT
ONLY THE VIEWS OF THEIR AUTHORS, AND DO NOT NECESSARILY REFLECT THOSE
OF BIRD BARRIER AMERICA, INC.. ADVICE RECEIVED IN ANY FORUM WITHIN THIS
WEB SITE SHOULD NOT BE RELIED ON FOR IMPORTANT DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
YOU AGREE
THAT BIRD BARRIER AMERICA, INC. WILL NOT BE LIABLE FOR DAMAGES (INCLUDING
CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY
TO USE THIS WEB SITE OR ANY SOFTWARE OR SERVICES WITHIN IT, AND YOU HEREBY
WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT
OR OTHER GROUNDS, EVEN IF BIRD BARRIER AMERICA, INC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW IMPLIED
WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS
MAY APPLY TO YOU.
Effective
Date; Modifications. This Agreement takes effect on the date you first
use the Web Site and continues for long as you use the Web Site. BIRD
BARRIER AMERICA, INC. RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY
TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR REVIEWING REGULARLY
ALL INFORMATION POSTED ON-LINE CONCERNING USAGE POLICIES IN ORDER TO OBTAIN
TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED USE OF THIS WEB SITE AFTER
CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED
BY THE POSTED CHANGES.
General.
This Agreement is governed by the laws of the State of California, USA,
and you consent to the exclusive jurisdiction and venue of courts in Los
Angeles County, California in all disputes arising out of or relating
to your use of this Web Site. BIRD BARRIER AMERICA, INC. reserves the
right to comply with law enforcement requests and requirements relating
to your use of this Web Site or information provided to or gathered by
BIRD BARRIER AMERICA, INC. regarding such use. This Agreement constitutes
the entire agreement between you and BIRD BARRIER AMERICA, INC. regarding
your use of this Web Site, and supersedes any previous communications
and proposals regarding the same.
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