Bird And Beyond - Terms of use

By accessing “Bird And Beyond” (hereinafter “we”, “us”, “our”, “Bird And Beyond”, “https://birdandbeyond.com/forums”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “Bird And Beyond”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “Bird And Beyond” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “Bird And Beyond” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “Bird And Beyond” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “Bird And Beyond” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.

OUR SERVICES

Our desire is to create a comprehensive listing service by allowing users to post listings and also aggregating listings from various websites to hopefully increase the likelihood that you find what you are looking for. However, the internet has billions of users and so it is impossible for us to investigate each user and listing on our Website and on the websites that aggregate listings to post on our Website, such as Oodle.com. Therefore, we highly recommend that you perform sufficient due diligence before exchanging any money or goods based on any listing that you find on the Website. Please also review these Terms of Use in their entirety, including the section about Buying and Selling below, to further understand Birdandbeyond.com, ’s involvement in the buying and selling process on the Website.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR HARM THAT OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST PROPERTY, PERSONAL INJURY, OR DEATH.



We recommend that you review our post about Scams and Fraudulent Transactions (click here) as one step towards protecting yourself on the Internet. The Company does not compensate buyers or sellers for any losses that they may suffer as a result of using the Website.

GENERAL PROVISIONS:

The Website is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website. Since the Web is an evolving medium, Birdandbeyond.com, may change the Terms of Use from time to time. By continuing to use the Website following our posting of such changes, you agree to be bound by these Terms of Use, as modified. Birdandbeyond.com, may change, restrict access to, suspend, or discontinue this Website, or any portion of this Website, at any time and without notice to you.

Although Birdandbeyond.com, cannot monitor all the ads posted to our Website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using the Website you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy the Website. We retain the right to deny access to anyone who we believe has violated these Terms of Use or any other term of this agreement.



BUYING AND SELLING:

1. Transactions on the Website are between the Buyer and the Seller only; the Company is not involved in or responsible for sales or purchases on the Website.

The Website is a classified ad search engine and listing service that brings together buyers and sellers. Information about a particular item, animal or service is supplied by the seller, not by Birdandbeyond.com, . Birdandbeyond.com, will not be a party to any transaction between a buyer and seller based upon information posted on the Website. At no time does Birdandbeyond.com, take title to any of the goods or animals offered for sale on the Website or process any payments related to goods or animals offered for sale on the Website. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on the Website may exclude other charges which may be added to the listed price to arrive at the final price of a particular item. All payments are handled directly between the buyer and the seller, and the Company will not provide any refunds or other compensation for transactions relating to listings on the Website.

2. The Company does not guarantee or verify any information on the Website, so use caution and good judgment when transacting through the Website.

The material that appears on this Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing items, animals, or services you have read about on this Website, you should confirm with the seller any information (including the price) that is important to your purchasing decision. Birdandbeyond.com, is not responsible for, and does not guarantee, the condition, soundness, health, physical appearance, performance, or any other aspect of any such animal, item or service or the accuracy, completeness, or content of any listing on the Website. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please be sure to review our Buyer/Seller Safety tips (link) prior to making any payments or exchanging any information related to a listing on the Website.

Though we hope that all who come to this Website will act honorably and treat each other fairly, we can not verify the information sellers supply or guarantee or warranty the products, animals, or services they offer. Nor can we assure the seller that the check he/she gets from the buyer isnt going to bounce or the payment be fraudulent; cash payments are the most trustworthy. When using this Website to find a buyer for your item, animal or service, or an item, animal or service you can buy, we urge you to use the same common sense and good judgment you would use in selling or buying an item, service or animal through, or responding to, a classified ad in the newspaper or other publication. There is no substitute for healthy skepticism and your own good judgment. We strongly suggest you obtain the services of a Veterinarian or other qualified individual, as applicable, to evaluate any animal or item you are considering. Do not meet strangers in private locations or alone.

4. The Company may remove users that do not comply with these Terms of Use, but it is not required to do so.

Though we don not monitor transactions that originate on the Website, we reserve the right to perform random quality assurance tests to confirm that those who offer items, animals, or services for sale over the Website are prepared to sell the items, animals, or services they advertise at the prices at which, and the terms on which, they advertise them. By placing an ad on our Website, you agree to cooperate in any such random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller, in our sole discretion, is engaging or intends to engage, in unfair or deceptive practices, Birdandbeyond.com, reserves the right to deny that seller use of this Website and our ad services.

5. Fees paid to the Company are nonrefundable.

By placing an Ad on our Website, you agree to pay the fees specified for the service you select, regardless of whether your item, animal, or service sells as a result of the listing. Take care in selecting your Ad type and submitting your Ad information; listing fees are not refundable, even if you provide erroneous information or fail to sell your animal, item or service. Click here for our Refund Policy.

REGISTRATION

To obtain access to certain services on the Website, you will be given an opportunity to register. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user names that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Website through any username/password assigned to you. You will notify Birdandbeyond.com, of any known or suspected unauthorized use of your account.

LINKS TO OTHER SITES

For your convenience, this Website and/or its search feature will make available a variety of links to other websites that we don not operate where you can find other items for sale that meet your search criteria. Birdandbeyond.com, is not responsible for the items, animals, or services these vendors provide and has no control over these websites or listings. If you choose to purchase any item through such a third-party website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You release Birdandbeyond.com, from any damages that you may incur, and agree not to assert any claims against Birdandbeyond.com, arising from your purchase or use of said third-party websites.

OWNERSHIP AND PERMISSIONS

1. The Website is for your personal use only.

The Website is made available for your personal, non-commercial use only. Except for ads that appear in a search result and are for sale on other websites, the materials on this Website are the property of Birdandbeyond.com, , and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms of Use, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this Website. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this Website without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this Website, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on Birdandbeyond.com, should be emailed to [email protected]

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Birdandbeyond.com, or any of its affiliates. However, without the prior written permission of Birdandbeyond.com, , you may not frame any of the content of Birdandbeyond.com, nor incorporate into another website or other service any intellectual property of Birdandbeyond.com, or its licensors. Requests for permission to frame our content may be sent by email to [email protected]

2. The Company receives a license to use all content posted on the Website.

When you provide us with content for an ad to be placed on the Website, you grant us an exclusive, worldwide, perpetual, irrevocable, sublicensable, transferrable, royalty-free license to sublicense, use, reproduce, publish, display, transmit, and make any other commercial use of that content in any media now existing or created in the future. This license includes the right to modify and make derivatives of the content, as well as to store all content in an accessible archive. This license includes the right to stop others from using identical content on any other website that may compete, directly or indirectly, with the Website. Notwithstanding the foregoing, Birdandbeyond.com, has no obligation to make any use of any content you provide.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

You will not use this Website to violate the copyright, trademark, right of publicity or other intellectual property rights of any person or other entity. By submitting material or content to be posted on the Website, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner and that you have obtained all necessary releases associated with the public display and commercial user of the materials. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Website, you may request removal of these materials from the Website by submitting written notification to our Copyright Agent. Our Copyright Agent may be contacted Web: www.usipattorneys.com;