You must
read and consent to terms before continuing :
(You must be at least 18 years old to register with or use Lovebyrd.com website.
Access or use of this site or its contents by any person under the age of
18 is strictly prohibited.)
Please read this member terms and conditions agreement (the "agreement")
carefully. The agreement sets out the terms under which Lovebyrd.com's services
(the "services") are provided to you by us through the Lovebyrd.com website
(the "site"). by registering with Lovebyrd.com, you become a member of the
service (a "member"), and you agree to be bound by the terms and conditions
of this agreement (the "terms") for as long as you continue to be a member.
If you do not agree to the terms, please do not register with Lovebyrd.com
or otherwise access or use this site.
We reserve the right at any time to:
- Change
the terms and conditions of this agreement;
- Change
the site, including eliminating or discontinuing any content or feature
of the site; or
- Change
any fees or charges for using the site.
Any changes
we make will be effective immediately upon notice, which we may provide
by means including, but not limited to, posting on the site or email. Your
use of the site after such notice will be deemed acceptance of the changes.
Be sure to review this agreement periodically to ensure familiarity with
the most current version.
Registration.
To become a member you must register with us. When and if you register to
become a member, you agree to provide accurate, current and complete information
about yourself as prompted by our registration form ("registration data"),
and to maintain and update your information to keep it accurate, current
and complete. You agree that we may rely on your registration data as accurate,
current and complete. You acknowledge that if your registration data is
untrue, inaccurate, not current or incomplete in any respect, we reserve
the right to terminate this agreement and your use of the site.
When you register, we will require that you provide sufficient information
to indicate that you are at least 18 years old. By becoming a member, you
represent and warrant that you are at least 18 years old, which is the minimum
required age to become a member. However, we cannot guarantee that each
member is at least the required minimum age, nor do we accept responsibility
or liability for any content, communication or other use or access of the
site by persons under the age of 18 in violation of these terms.
Either you or Lovebyrd.com may terminate your membership at any time, for
any reason, effective upon sending written notice to the other party. If Lovebyrd.com cannot send written notice via normal postal mail delivery, an electronic message will be sent to the email address provided by you at the time of registration,
and asserted by the act of your registration to be the accurate and current electronic mailing address where correspondence between Lovebyrd.com and you is to be delivered as an alternative to regular postal mail delivery. Lovebyrd.com will not be held responsible
for any failure on your part to access the electronic message sent due to the invalidity of the email address you have provided, or due to any technical problems associated with your email account that results in a failed delivery of the message. It is your responsibility as a member to maintain current,
accurate information,including a current and accurate email address where you can be reached in the event Lovebyrd.com cannot contact you via regular postal mail for any reason.
Membership fees paid are non-refundable. We reserve the right to immediately
suspend or terminate your access to the service, without notice, upon any
breach of this agreement by you which is brought to our attention.
Your membership in the service is for your sole, personal use. You may not
authorize others to use your membership, and you may not assign or otherwise
transfer your account to any other person or entity.
Lovebyrd.com reserves the right to terminate the account of any member found to be acting in a manner that sabotages or hampers the growth and development of Lovebyrd.com whether the action is conducted on the Lovebyrd.com website, or elsewhere in any medium online or offline. Any member deemed to be engaging in conduct that sabotages the best interests of Lovebyrd.com will have their membership terminated without notice. This includes members who have been granted free lifetime memberhship privileges.
Username and password.
As part of the registration process, you will be asked to select a username,
password and member id. We may refuse to grant any username or member id
that impersonates someone else, is or may be illegal, is or may be protected
by trademark or other proprietary rights law, is vulgar or otherwise offensive,violates our terms of service,
or may cause confusion of any kind, as we determine at our sole discretion. You are
responsible for the confidentiality and use of your username and password
and agree not to transfer or resell your use of or access to the site to
any third party. If you have reason to believe that your account is no longer
secure, you must promptly change your password by updating your account
information, available at the 'Control Panel' page after logging on to Lovebyrd.com,
and immediately notify us by emailing us at lovebyrd@disaboom.com.
You are solely responsible for maintaining the confidentiality of your username
and password and for any and all activities that are conducted on your account.
Online conduct.
As a member, you agree that:
- you are
solely responsible for the content or information you publish or display
(hereinafter, "post") on the site, or transmit to other members.
- you will
not post on the site, or transmit to other members or employees, any
defamatory, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, religiously offensive,
or illegal material, or any material that infringes or violates another
party's rights (including, but not limited to, intellectual property
rights, and rights of privacy and publicity). Please notify us by sending
an email to lovebyrd@disaboom.com
of any material contained in the site that you believe infringes these
rules.
- you will
use the service in a manner consistent with any and all applicable laws
and regulations. you will not include in your profile any telephone
numbers, street addresses, last names, urls, email addresses, offensive
anatomical or sexual references, or offensive sexually suggestive or
connotative language, or any confidential information of any third person,
and you will not post any photographs or other images containing nudity
or such personal information. Lovebyrd.com reserves the right, but has
no obligation, to reject any profile or photograph or image that does
not comply with these prohibitions.
- you will
not impersonate any person or entity.
- you will
not "stalk" or otherwise harass any person.
- you will
not engage in advertising to, or solicitation of, other members to buy
or sell any products or services through the service. you will not transmit
any chain letters, spam or junk email to other members.
- you will
not express or imply that any statements you make are endorsed by us,
without our specific prior written consent.
- you will
not harvest or collect personal information about other members whether
or not for commercial purposes, without their express consent.
- you will
not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data mine",
or in any way reproduce or circumvent the navigational structure or
presentation of the site or its contents.
- you will
not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
consent of the owner of such proprietary rights.
- you will
not remove any copyright, trademark or other proprietary rights notices
contained in the site.
- you will
not interfere with or disrupt the services or the site or the servers
or networks connected to the services or the site.
- you will
not post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment.
- you will
not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the service.
- you will
not "frame" or "mirror" any part of the site, without our prior written
authorization. you also shall not use metatags or code or other devices
containing any reference to Lovebyrd.com or the service or the site in
order to direct any person to any other web site for any purpose.
- you will
not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the site or any software
used on or for the site or cause others to do so.
- you are
solely responsible for your interactions with other members. Lovebyrd.com
reserves the right, but has no obligation, to monitor disputes between
you and other members.
Indemnity
by member.
You agree to indemnify, defend and hold us, our officers, directors, employees,
agents and representatives harmless from and against any and all claims,
damages, losses, liabilities, costs (including reasonable attorneys' fees)
or other expenses that arise directly or indirectly out of or from:
- your breach
of this agreement;
- any allegation
that any materials that you submit to us or transmit to the site infringe
or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or
- your activities
in connection with the site. This indemnity shall be applicable without
regard to the negligence of any party, including any indemnified person.
Online content.
Opinions, advice, statements, offers or other information or content made
available through the service are those of their respective member-authors
and not of Lovebyrd.com, and should not necessarily be relied upon. such members
are solely responsible for such content. Lovebyrd.com does not guarantee the
accuracy, completeness or usefulness of any information on the service and
neither adopts nor endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made. under no circumstances will Lovebyrd.com
be responsible for any loss or damage resulting from anyone's reliance on
information or other content posted on the service or transmitted to members.
The site may contain links to other internet web sites or resources. We
neither control nor endorse such other web sites, nor have we reviewed any
content that appears on such other web sites. you acknowledge and agree
that we shall not be held responsible for the legality, accuracy or inappropriate
nature of any content, advertising, products, services or information located
on or through any other web sites or for the operation or policies of any
such websites, nor for any loss or damages caused or alleged to have been
caused by the use of or reliance on any such websites or such content or
other information.
Warning!! Please read:
It is possible that other members or users (including unauthorized users,
or "hackers") may post or transmit offensive or obscene materials on the
service and that you may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain personal information
about you due to your own negligent use of the service, and that the recipient may use
such information to harass or injure you. Lovebyrd.com is not responsible
for the use of any personal information that you may choose to disclose
on the service. Please carefully select the type of information that you
post on the site or release to others.
Lovebyrd.com reserves the right, but has no obligation, to monitor the materials
posted in any area of the service. Lovebyrd.com shall have the right but not
the obligation to remove any such material that violates, or is alleged
to violate, the law or this agreement. Notwithstanding this right of Lovebyrd.com,
you remain solely responsible for the content of the materials you post
in any area of the site and your private email messages. Emails sent between
you and other members that are not readily accessible to the general public
will be treated as private by Lovebyrd.com to the extent required by applicable
law and pursuant to the commercially reasonable efforts of Lovebyrd.com.
Proprietary rights.
Lovebyrd.com owns and retains other proprietary rights in the services and
the site. The services and the site contain the copyrighted material, trademarks
and other proprietary information and software of Lovebyrd.com and its licensors.
in addition, other members may post copyrighted information, which has copyright
protection whether or not it is identified as copyrighted. Except for that
information which is in the public domain or for which you have been given
permission, you will not copy, modify, publish, transmit, distribute, perform,
display or sell any such proprietary information.
By posting information or content to any area of Lovebyrd.com, you automatically
grant, and you represent and warrant that you have the right to grant, to
Lovebyrd.com an irrevocable, perpetual, non-exclusive, fully-paid,
worldwide license to use, copy, perform, display and distribute such information
and content and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize sublicenses
of the foregoing.
Information supplied by member.
We will respect your personal information and undertake to comply with all
applicable data protection legislation in the U.S.A. and other jurisdictions
in which we offer the service, subject to the privacy policy of Lovebyrd.com.
The personal information (including sensitive personal information) you
provide to us will be stored on computer. You consent to us using this information
to build up a profile of interests, preferences and browsing patterns and
to allow you to participate in the Lovebyrd.com service. All members also
agree to uphold and maintain our privacy policy and to the terms and conditions
thereof. You may read a full description of our privacy policy at http://www.lovebyrd.com/privacy.php
Disclaimer of warranty.
Lovebyrd.com provides the service and the site on an "as is" basis and grants
no warranties of any kind, express, implied or statutory, in any communication
with Lovebyrd.com or its representatives, or otherwise with respect to the
service or the site. Lovebyrd.com specifically disclaims any implied warranties
of merchantability, fitness for a particular purpose or noninfringement.
Lovebyrd.com does not warrant that your use of the service or the site will
be secure, uninterrupted, always available or error-free, or will meet your
requirements, or that any defects in the service or the site will be corrected.
Lovebyrd.com disclaims liability for, and no warranty is made with respect
to, telephone or other service, including coverage, range, or any interruption
in telephone or other service.
Limitation of liability. In no event will Lovebyrd.com be liable
- to you
for any incidental, consequential, or indirect damages (including, but
not limited to, damages for loss of data, loss of programs, cost of
procurement of substitute services or service interruptions) arising
out of the use of or inability to use the service or the site, even
if Lovebyrd.com or its agents or representatives know or have been advised
of the possibility of such damages, or
- to any
person other than you. notwithstanding any contrary provision herein
but subject to the foregoing limitation on liability, in all events
Lovebyrd.com's liability to you for any cause whatsoever, and regardless
of the form of the action, will at all times be limited to the amount
paid, if any, by you to Lovebyrd.com for the service during the term of
membership.
In addition,
Lovebyrd.com disclaims all liability, regardless of the form of action, for
the acts or omissions of other members or users (including unauthorized
users, or "hackers") of the service.
Certain jurisdictions limit the applicability of warranty disclaimers and
limitations of liability so the above disclaimers of warranty and limitations
of liability may not apply to you.
Copyright policy.
We respect the intellectual property of others, and we ask our members to
do the same. If you believe that a copy of your work is available on the
site without your consent or that a copyright infringement has otherwise
occurred, please supply us with the following information:
- a description
of the copyrighted work that you claim has been infringed;
- details
of where the infringing material is located on the site;
- your address,
telephone number and email address;
- a statement
by you that you believe in good faith that the use of the work on the
site is not authorized by the copyright owner or any person entitled
to act on their behalf or by law; and
- an affidavit
executed by you that the information you provide concerning the copyright
infringed is accurate and that you are the copyright owner authorized
to act on their behalf.
Please deliver
this information to: Lovebyrd.com
Complaints.
To resolve a complaint regarding the service or the site, you should contact
Lovebyrd.com customer support at lovebyrd@disaboom.com
Trademark notices.
Lovebyrd.com is the trademark of Lovebyrd.com, LLC. all other trademarks,
logos, service marks, company or product names set forth in this website
are the property of their respective owners.
General provisions.
This agreement with you, set out in these member terms and conditions, is
governed by us law and you and we submit to the non-exclusive jurisdiction
of the us courts in the event of any dispute regarding these terms or the
service or the site or any matter related thereto. This agreement shall
not be governed by the united nations convention on contracts for the international
sale of goods, the application of which is hereby expressly excluded.
This agreement, accepted by you upon registering for the service, contains
the entire agreement between you and Lovebyrd.com regarding the service and
the site, including the Lovebyrd.com privacy policy. in the event of any conflict
between the privacy policy and this agreement, this agreement shall control.
Unless otherwise explicitly stated, the terms will survive termination of
your membership to the service. This agreement shall terminate immediately
and without notice if you breach any of the terms, subject to the survival
of all rights and reservations of Lovebyrd.com. If any provision of this agreement
is held invalid, the remainder of this agreement shall continue in full
force and effect.
The member certifies that the member has read and agrees to be bound by
these Lovebyrd.com member terms and conditions.
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