Welcome to Birdsky, a social networking application provided by Arthur De Araujo! We're excited to have you on board as a user. These Terms of Service apply to the Birdsky service.
Before you dive into using Birdsky, please take a moment to carefully read these Terms. This document outlines our legal obligations to each other and they apply to your use of our services.
Birdsky is available as a mobile application ("Birdsky App" or "the App"). Your use of Birdsky is subject to these Terms of Service ("Terms"), and Birdsky Privacy Policy, which are referenced in our Terms and available to read separately.
When we say "Birdsky," "we," "us," and "our" in these Terms, we mean Arthur De Araujo, the developer and operator of Birdsky.
Important Notes
- Birdsky is available as a mobile application ("Birdsky App" or "the App").
- Your use of Birdsky is subject to these Terms of Service ("Terms"), and Birdsky Privacy Policy.
- These terms apply to social networking that happens on Birdsky services.
- When we say "Birdsky," "we," "us," and "our" in these Terms, we mean Arthur De Araujo.
Table of Contents
- Who Can Use Birdsky
- User Content
- General Prohibitions and Enforcement
- Termination
- Appeals
- Terms Required by the App Store and Google Play
- Copyright Policy
- Links to Third-Party Websites or Resources
- Updates
- Warranty Disclaimers
- Indemnity
- Limitations of Liability
- Governing Law, Forum Choice, and Class Action Waiver
- Dispute Resolution
- General Terms
- Contact Information
Who Can Use Birdsky
Eligibility
To use Birdsky, you must be at least 13 years old and legally permitted to use Birdsky based on the laws in your country. If you are not yet an adult according to the laws of your country, your parent or legal guardian must read these Terms on your behalf. If you're a parent or legal guardian, and you allow your child (who meets the minimum age for your country) to use the services, then these terms also apply to you, and you're responsible for your child's activity on the services.
Accounts
To use Birdsky, you must create an account ("Account"). Don't share your Account with others, because you're responsible for all activities under your Account, whether or not you know about them. If you're using Birdsky on behalf of a company or organization, you confirm that you have the authority to represent your company or organization. If you believe your Account has been compromised, report it to us at [email protected]
User Content
User Content
"User Content" means any type of content you make available on Birdsky ("Content"), such as your posts, profile, photos, direct messages, bird sightings, or links.
Your Responsibility for User Content
You, not Birdsky, are solely responsible for all of your User Content. Birdsky does not control others' use of your content.
Birdsky's Use of User Content
User Content is only used in connection with: (a) providing Birdsky and Content, including by sharing User Content throughout Birdsky as well as developing and improving our current and future offerings; and (b) promoting and marketing Birdsky.
Birdsky's Permission to Use Your User Content
You keep your ownership of User Content, subject to the license below. Birdsky does not own rights to your User Content except as provided in that license. By sharing User Content through Birdsky, you grant us permission to:
- Use User Content to develop, provide, and improve Birdsky and any of our future offerings. For example, we can store and present User Content to other users in Birdsky. This allows us to show your posts in the Birdsky app to other users;
- Modify or otherwise utilize User Content in any media. This includes reproducing, preparing derivative works, distributing, performing, and displaying your User Content. For example, we can resize your posts to fit the Birdsky mobile or desktop app, or feature examples of User Content for promotional purposes; or
- Grant others the right to take the actions above. For example, we can grant content moderation tools access to User Content in order to monitor Birdsky;
- Remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies.
The license is limited, worldwide, non-exclusive, and royalty-free.
Deletion of User Content
If you delete your account we will use reasonable efforts to remove it from Birdsky, subject to any requirements under applicable law and the Birdsky Privacy Policy. However, given the nature of distributed systems, it is not guaranteed that we will be able to do so comprehensively.
General Prohibitions and Enforcement
You agree not to:
- Share content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate another person or entity or misrepresent your affiliation with any person or entity
- Share spam, advertisements, or unsolicited promotional content
- Attempt to gain unauthorized access to our systems or accounts of other users
- Use our service for any commercial purposes without permission
- Share location information of sensitive bird species or nesting sites that could endanger wildlife
- Engage in any activity that could harm wildlife or their habitats
- Violate any applicable laws or regulations
- Interfere with or disrupt the service or servers connected to the service
Wildlife Protection and Ethical Birding
Birdsky is committed to wildlife conservation and ethical birding practices. Users must:
- Follow all local and international wildlife protection laws
- Respect bird behavior and maintain appropriate distances
- Avoid sharing precise locations of rare or sensitive species
- Promote conservation awareness and responsible birding practices
- Report any content that may endanger wildlife
Termination
Your Right to Termination
If you want to delete your Account, you can do so through your account settings. These Terms will survive termination of your Account.
Our Right to Termination
We reserve the right to suspend or terminate your account and/or specific services offered within Birdsky without notice, at our discretion, for the following reasons:
- We believe you've violated these Terms, the Birdsky Privacy Policy or the Birdsky Copyright Policy;
- We're required to do so due to a court order, legal requirement, or regulatory requirement;
- Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for Birdsky, other users, or third parties.
Appeals
You can appeal any enforcement decision from these Terms, including suspension or termination, by emailing [email protected].
Terms Required by the App Store and Google Play
The App Store and Google Play require us to pass on certain terms to you. The following terms apply if you access or download the Birdsky App through the App Store or Google Play (each, an "App Provider"):
- These Terms are between you and Birdsky, and not with the App Provider, and Birdsky is solely responsible for the Birdsky App.
- Birdsky is responsible for any other claims, losses, damages, or expenses if the Birdsky App fails to conform to any warranty.
- The App Provider is not responsible for addressing your claims or any third-party claims relating to the Birdsky App.
- If any third party claims that the Birdsky App or your possession and use of it infringes that third party's intellectual property rights, Birdsky will be solely responsible for that claim to the extent required by these Terms.
- The App Provider and its subsidiaries have the right to enforce these Terms as third-party beneficiaries of these Terms.
- You must follow all applicable third-party terms of service when using the Birdsky App.
Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. We will respond to clear notices of alleged copyright infringement. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with detailed information about the alleged infringement.
Links to Third Party Websites or Resources
Birdsky allows you to access third-party websites or other resources. The use of any third-party services is at your own risk, and Birdsky isn't responsible for any third-party services or content available through them.
Updates
We update our terms from time to time, and will either post the updated Terms or send other communications to let you know about any changes. If you keep using Birdsky, you agree to the updated Terms. If you don't agree, you must stop using Birdsky.
Warranty Disclaimers
Summary: We work hard to offer great services, but there are certain aspects that we can't guarantee.
Our Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT BIRDSKY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Birdsky takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, unreliable, untrue, untimely, incomplete, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Indemnity
Summary: If someone brings a legal claim against us based on your actions on Birdsky, you are responsible for our defense in, and the consequences of, that claim.
You will indemnify, defend, and hold harmless Birdsky and Arthur De Araujo from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of Birdsky, (b) your User Content, or (c) your violation of these Terms.
Limitation of Liability
Summary: This section limits what you can recover from us in a dispute to any direct damages that you suffer up to $50. This doesn't apply where it would be illegal to do so.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDSKY AND ARTHUR DE ARAUJO WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BIRDSKY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BIRDSKY EXCEED FIFTY DOLLARS ($50).
Governing Law, Forum Choice and Class Action Waiver
Summary: All disputes you have with us will be resolved by binding arbitration where permitted. If we need to go to court, it will be in the United States under U.S. law. You agree not to participate in a class-action lawsuit or class-wide arbitration against us.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the United States, without regard to conflict of laws provisions.
YOU AND BIRDSKY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Dispute Resolution
Summary: If there is a dispute between us, with limited exceptions, we'll resolve it through arbitration. Note that this section does not apply to users who live in the E.U. or any place where arbitration is not permitted.
Informal Resolution
Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. You can do this by sending us a written description of the dispute to [email protected]. If the dispute is not resolved within sixty (60) days after we receive your written notice, we agree to proceed with further dispute resolution as outlined below.
Mandatory Arbitration of Disputes
After the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute through informal resolution, you and Birdsky agree to resolve any dispute through final and binding individual arbitration. You and Birdsky agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Birdsky are each waiving the right to a trial by jury or to participate in a class action.
General Terms
Summary: The following standard legal provisions are included to permit the Terms to function as expected.
Entire Agreement
These Terms (including the Birdsky Privacy Policy) cover the entire agreement between Birdsky and you about Birdsky. These Terms replace all prior agreements or understandings between Birdsky and you about Birdsky.
Notices
Birdsky will provide any notices by posting them in the App or by sending other communications. You and Birdsky agree to communicate electronically.
Waiver
If Birdsky doesn't enforce every right or provision in these Terms, we still have the right to enforce these rights and provisions in the future.
Contact Information
If you have any questions about these Terms or Birdsky, please contact us:
By email: [email protected]