PRIVACY POLICY Your use of our Websites is also
subject to our Company’s Privacy Policy. Please review
our Privacy Policy, which also governs the Website and
informs users of our data collection practices. Your
agreement to the Privacy Policy is hereby incorporated
into these Terms.
DISCLAIMER Your use of our Websites is also subject to
the Company’s Disclaimer. Please review our Disclaimer,
which also governs our Website and informs users of
various limitations regarding the information provided
on the Website. Your agreement to the Disclaimer is
hereby incorporated into these Terms.
USE OF THE WEBSITE To access or use our Website, you
must be 18 years of age or older and have the requisite
power and authority to enter into these Terms. Children
under the age of 18 are prohibited from using the
Website. Information provided on the Website and any
resources provided on or available for download from the
Website are subject to change. The Company makes no
representation or warranty that the information
provided, regardless of its source, is accurate,
complete, reliable, current, or error-free. The Company
disclaims all liability for any inaccuracy, error, or
incompleteness in the information provided. The Company
reserves the right to withdraw or amend this Website and
any service or material provided on the Website in its
sole discretion without notice. The Company will not be
liable if, for any reason, all or any part of the
Website is unavailable at any time or for any period.
From time to time, the Company may restrict access to
some parts of the Website, or the entire Website, to
users, including registered users.
LAWFUL PURPOSES You may use the Website for lawful
purposes only. You agree to be financially responsible
for all purchases made by you or someone acting on your
behalf through the Website. You agree to use the Website
and to purchase services or products through the Website
for legitimate, non-commercial purposes only. You shall
not post or transmit through the Website any material
that violates or infringes the rights of others, or that
is threatening, abusive, defamatory, libelous, invasive
of privacy or publicity rights, vulgar, obscene,
profane, or otherwise objectionable, contains injurious
formulas, recipes, or instructions, that encourages
conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any law.
USE OF FREE DOWNLOADABLE CONTENT The Company may make
resources on this Website accessible to users in
exchange for providing an e-mail address (“Gated
Content”). The Company grants you a limited, personal,
non-exclusive, non-transferable license to use the Gated
Content for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree
that you have no right to modify, edit, copy, reproduce,
create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Gated Content
in any manner. By accessing or downloading the Gated
Content, you agree that the Gated Content you may only
be used by you for your personal or internal business
use and may not be sold or redistributed without the
express written consent of the Company. By accessing
& downloading the Gated Content, you further agree
that you shall not create any derivative work based upon
the Gated Content and you shall not offer any competing
products or services based upon any information
contained in the Gated Content.
MATERIAL YOU SUBMIT TO THE WEBSITE By posting,
uploading, submitting, inputting, providing, or
otherwise making available any artwork, photos, written
works, or other media, including feedback and
suggestions (collectively, “Submissions”), you are
granting the Company, our affiliated companies, and any
necessary sub-licensees a worldwide, nonexclusive,
irrevocable license to use your Submission for
promotional, business development, and marketing
purposes including, without limitation, the right to:
copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, and reformat your
Submission; and to publish your name in connection with
your Submission. We claim no intellectual property
rights over the Submissions you supply to the Company.
You retain copyrights and any other rights you may
rightfully hold in any Submissions that you submit
through the Website. You shall not upload, post, submit,
input or otherwise make available on the Website any
Submissions protected by copyright, trademark, or other
proprietary right without the express written permission
of the owner of the copyright, trademark, or other
proprietary right, and the burden of determining that
any Submissions are not so protected rests entirely with
you. You shall be liable for any damage resulting from
any infringement of copyrights, trademarks, or other
proprietary rights, or any other harm resulting from
such a Submission. For all Submissions submitted by you
to the Website, you automatically represent or warrant
that you own or otherwise control all the rights to your
Submission described herein including the authority to
use and distribute the Submission, and that the use or
display of the Submission as contemplated in this
section will not violate any laws, rules, regulations,
or rights of third parties. You agree to hold the
Company harmless from and against all claims,
liabilities, and expenses arising out of any potential
or actual copyright or trademark misappropriation or
infringement claimed against you arising from
Submissions you submit through the Website. You further
grant us the right to use your Submission for the
purpose of improving our Website, products or services
(and for any other purpose we deem necessary or
desirable) without being obliged to pay you any
compensation for our use of your Submission. The Company
is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in
the Company’s sole discretion. If you do send us
unsolicited ideas, such ideas will be deemed
non-confidential, and we will not be required to provide
any acknowledgement of their source.
OUR INTELLECTUAL PROPERTY The Website contains
intellectual property owned by the Company, including
trademarks, copyrights, proprietary information, and
other intellectual property. We reserve all rights in
and to our common law and registered trademarks, service
marks, copyrights, and other intellectual property
rights, including but not limited to text, graphics,
photographs, video, design, and packages, belonging to
the Company or to our licensors (“IP”). You may not
modify, publish, transmit, participate in the transfer
or sale of, create derivative works from, distribute,
display, reproduce or perform, or in any way exploit in
any format whatsoever any of our IP in whole or in part,
without our prior written consent. We reserve the right
to immediately block your access to the Website and
remove you from any service, without refund, if you are
caught violating this intellectual property policy. You
are granted a non-exclusive, non-transferable, revocable
license to access and use the Website and the resources
available for download from the Website (the “Content”)
strictly in accordance with these Terms of Use. As a
condition of your use of the Website, you warrant to the
Company that you will not use the Content for any
purpose that is unlawful or prohibited by these Terms.
You may not use the Content in any manner that could
damage, disable, overburden, or impair the Website or
interfere with any other party’s use and enjoyment of
the Website. You may not obtain or attempt to obtain any
materials or information through any means not
intentionally made available or provided for through the
Website. All content included as part of the Content,
such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the
Website, is the property of the Company or its suppliers
and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree
to observe and abide by all copyright and other
proprietary notices, legends or other restrictions
contained in any such content and will not make any
changes thereto. You will not modify, publish, transmit,
reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of
the Content, in whole or in part. The Content is not for
resale. Your use of the Content does not entitle you to
make any unauthorized use of any protected content, and
in particular you will not delete or alter any
proprietary rights or attribution notices in any
Content. You will use protected content solely for your
individual use and will make no other use of the Content
without the express written permission of the Company
and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to
the intellectual property of the Company or our
licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan,
and all related names, logos, product and service names,
designs, and slogans are trademarks of the Company or
its affiliates or licensors. You must not use such marks
without the prior written permission of the Company. All
other names, logos, product and service names, designs
and slogans on this Website are the trademarks of their
respective owners. CHANGED TERMS We may at any time
amend these Terms, including our Privacy Policy and
Disclaimers. The date of the last revision will be
indicated by the “Last updated” date at the top of this
page. Such amendments are effective immediately upon
notice to you by us posting the new Terms on this
Website. We reserve the right to update any portion of
our Website, including these Terms, at any time. If you
continue to use our Website after we have made
revisions, your continued use constitutes consent to the
revised Terms, Privacy Policy and Disclaimers.
WARRANTIES While we make every effort to ensure that the
content on this Website is free from errors, we do not
give any warranty or other assurance as to the accuracy,
completeness, timeliness or fitness for any particular
purpose of the content and materials on this site beyond
reasonable efforts to maintain the site. To the maximum
extent permitted by law, we provide our website and
related information and services on an "AS IS" AND “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES,
REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT
NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO
CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY,
OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE
WEBSITE OR RESOURCES, PRODUCTS OR SERVICES AVAILABLE
THROUGH THE WEBSITE. ADDITIONALLY, THE COMPANY IS NOT
LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;
(II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS,
SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT
OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS
OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN
ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN
NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL
LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN
THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY
IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO
EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED
THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU
HAVE PURCHASED FROM THE COMPANY.
AVAILABILITY Your use of the Website and any associated
services may sometimes be subject to interruption or
delay. Due to the nature of the Internet and electronic
communications, we and our service providers do not make
any warranty that our Website or any associated
resources or services will be error-free, without
interruption or delay, or free from defects in design.
We will not be liable to you should our Website or the
resources or services supplied through our Website
become unavailable, interrupted or delayed for any
reason.
MALICIOUS CODE Although we endeavor to prevent the
introduction of viruses or other malicious code
(“malicious code”) to our Website, we do not guarantee
or warrant that our Website, or any data available on
the Website, does not contain malicious code. We will
not be liable for any damages or harm attributable to
malicious code. You are responsible for ensuring that
the process you employ for accessing our Website does
not expose your computer system to the risk of
interference or damage from malicious code.
SECURITY The security of your contact information is of
utmost importance to us. However, you acknowledge the
risk of unauthorized access to, or alteration of, your
data. We do not accept responsibility or liability of
any nature for any losses you may sustain as a result of
such unauthorized access or alteration. All information
transmitted to or from you is transmitted at your own
risk, and you assume all responsibility and risks
arising in relation to your use of this Website and the
internet. We do not accept responsibility for any
interference or damage to your computer system that may
arise in connection with your access of this Website or
any outbound hyperlinks.
THIRD PARTY RESOURCES The Website contains links to
third party websites and resources. You acknowledge and
agree that we are not responsible or liable for the
availability, accuracy, content, or policies of
third-party websites or resources. Links to such
websites or resources do not imply any endorsement by or
affiliation with the Company. You acknowledge sole
responsibility for and assume all risk arising from your
use of any such websites or resources. The Company may,
from time to time, provide information from a third
party in the form of a guest post or interview, in
written, audio, video, or other medium. The Company does
not control the information provided by such third-party
guests, is not responsible for investigating the truth
of any information provided and cannot guarantee the
veracity of any statements made by such guests.
INDEMNIFICATION You shall indemnify and hold us harmless
from and against any and all losses, damages,
settlements, liabilities, costs, charges, assessments,
and expenses, as well as third party claims and causes
of action, including, without limitation, attorney’s
fees, arising out of your breach of any of these Terms,
your use of the Website, its content, and any product or
service purchased from the Website, or your failure to
maintain the confidentiality and/or security of your
password or access rights to this Website and its
resources. You shall provide us with such assistance,
without charge, as we may request in connection with any
such defense, including, without limitation, providing
us with such information, documents, records, and
reasonable access to you, as we deem necessary. You
shall not settle any third-party claim or waive any
defense without our prior written consent.
EFFECT OF HEADINGS; SEVERABILITY The subject headings of
the paragraphs and subparagraphs of this Agreement are
included for convenience only and shall not affect the
construction or interpretation of any of its provisions.
If any portion of these Terms are held to be
unenforceable or contrary to law, such portion shall be
construed in accordance with applicable law so as to
best accomplish the objectives of the original provision
to the fullest extent allowed by law, and the remainder
of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER These Terms, together with the
Privacy Policy and Disclaimers, constitute the entire
agreement between you and the Company pertaining to the
Website and supersedes all prior and contemporaneous
agreements, representations, and understandings between
us. Any waiver by us of a breach of or right under these
Terms will not constitute a waiver of any other or
subsequent breach or right. No waiver shall be binding
unless executed in writing by the Company.
GOVERNING LAW; JURISDICTION; MEDIATION These Terms,
including with the Privacy Policy and Disclaimers shall
be construed in accordance with, and governed by, the
laws of the States of New York & Florida, and the
courts of New York & Florida shall have jurisdiction
to hear and determine any dispute arising in relation to
these Terms. You agree that any proceeding relating to
use of this site must be filed exclusively in the
appropriate courts located in New York and you submit to
the jurisdiction of those courts and waive any objection
based on an inconvenient forum or other reasons. The
parties agree to attempt to resolve any dispute, claim,
or controversy arising out of or relating to these Terms
by mediation. The parties further agree that their
respective good faith participation in mediation is a
condition precedent to pursuing any other available
legal or equitable remedy, including litigation,
arbitration, or other dispute resolution procedures.
ALL RIGHTS RESERVED All rights not expressly granted in
these Terms are reserved by us. If you do not see a
usage scenario here that applies to your intended usage
contact us at Hello@BirdieChesson.com.
CONTACT INFORMATION The owner of these websites is
Birdie Chesson & Miss Birdie’s Books, Inc and
associated Brands .You may contact us by mail at Miss
Birdie’s Books 178 Columbus Avenue Suite 424, New York,
NY 10023 OR Birdie Chesson 7521 Paula Drive Suite
260972, Tampa, FL 33615-8777