These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, westernbirder.com
We are westernbirder.com (hereinafter referred to ‘website owner/the website/this website/our website/we’) and can be contacted through this form.
These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
This website is an area where the website, its owners, visitors, and its collaborators can share information, stories, experiences, and research with other enthusiasts worldwide. We are not professional mechanics and generally have no medical training. However, at times we may collaborate with credentialed partners who do have professional qualifications. These instances will be cited in any content where their expertise is utilized. If there is no mention of a collaborating expert on a piece of content on our site, you should assume the content contains our opinions and are for entertainment purposes only.
The general information provided on this Website is not a substitute for the diagnosis, prognosis, treatment, prescription, or formal and individualized advice of a medical professional, professional trainer, qualified mechanic, or other qualified professional. Always seek the advice of a doctor or other qualified professional with any questions you may have regarding your health or exercise routines. Never disregard professional advice or delay in seeking it because of something you have read on this Website.
By using this website you agree that you will not hold the website, its owners, or contributors responsible for actions you take or fail to take, as a result of the information provided on this website.
Intellectual Property Rights
Other than the content you own, under these Terms, the website and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted a limited license only for purposes of viewing the material contained on this Website.
To the best of our knowledge, any materials or intellectual property presented here are original and do not infringe upon the intellectual property rights of others. If you believe that something presented here is infringing on the intellectual property rights of another person or entity, please contact us.
This website occasionally uses media under the Fair Use Doctrine (17 U.S.C. § 107). Neither the website nor it is the owner(s) claim ownership of media used in this way and it is displayed strictly under the guidelines and established case law relating to the Fair Use Doctrine.
Copyright Disclaimer under section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education, and research.
Fair use is a use permitted by copyright statute that might otherwise be infringing.
Fair use is a doctrine in the United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as for commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and the website may further restrict access by you to any areas of this Website, at any time, at absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images, or other material you choose to display on this Website. By displaying Your Content, you grant the website a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. The website reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and the website expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of Liability
In no event shall the website, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. The website, including its owners, officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website or the information contained therein.
You hereby indemnify to the fullest extent the website from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Complaints and Retractions
If you find material published on this website that you believe is of any concern including, but not limited to, material that is inaccurate or misleading, defamatory, published without necessary licenses or consent, or infringing upon the rights of another, please contact us. Complaints will be addressed on a case-by-case basis.
Variation of Terms
This website is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
This website is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between this website and you in relation to your use of this Website and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed and construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region and each party hereby submits to the non-exclusive jurisdiction of the Courts of the Hong Kong Special Administrative Region for the resolution of any disputes.