Welcome to Birdpie.com, which is owned and operated by Dynamic50 Ltd ("Birdpie"), registered in England and Wales under company number 06468278 and with registered office at 17/21 George Street, Croydon, CR0 1LA.
The use of this website and any software and services included as part of it (the "Services") are subject to these terms of service, together with any documents referred to in the terms (the "Terms").
Please read the Terms carefully before you use the Services. By using the Services, you indicate to us that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, do not use the Services.
Birdpie may modify the Terms from time to time in its sole discretion and without notice to you. Your continued use of the Services following any modification of the Terms shall constitute your acceptance of such modifications. You can review the most current version of the Terms at any time at: Terms of Service
Access to the Services is permitted on a temporary basis, and Birdpie reserve the right to withdraw or amend the Services without notice. Birdpie will not be liable if for any reason the Services are unavailable at any time or for any period. From time to time, Birdpie may restrict access to some or all of the Services and/or to users of it.
Subject to the Terms, Birdpie grants you a personal, non-transferable and non-exclusive licence to use the Services for your personal, non-commercial use provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to modify the software included in the Services in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Birdpie for use in accessing the Services.
You may use the Services only for lawful purposes. You may not use the Services:
You agree not to reproduce, duplicate, copy, adapt, sell, resell or exploit for any purpose, any part of the Services, use of the Services, or access to the Services.
You agree that you are responsible for all information, text, data, software, music, sound, photographs, graphics, video, messages or other materials submitted to the Services by you ("Submitted Content").
As of its submission to the Services, you hereby grant Birdpie a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, publish, display, distribute, reproduce, store, archive, modify, adapt, translate, and create derivative works from the Submitted Content. Subject to the foregoing sentence, all other rights in and to the Submitted Content remain with you and/or the lawful owner(s) (as the case may be).
Submitted Content must be accurate (where it is a statement of fact), be genuinely held (where it is an opinion) and comply with applicable law in the UK and in any country from which it is posted.
Your correspondence and any business dealings with advertisers found on or through the Services are at your own risk.
The Services, or third parties via the Services, may provide links to other websites or resources. You agree that Birdpie is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Birdpie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or other materials available on or through any such site or resource.
Subject to your rights in the Submitted Content set out in section 2 above, you agree that all trade marks and copyright, database rights, design rights and other intellectual property rights in the Services (as well as the look and feel, organisation and layout) including the underlying software code are owned by us and/or our licensors (as the case may be) and in any event are subject to any restrictions or prohibitions imposed by us or the owner(s) of such information (whether directly or indirectly). You also agree that any information in a non-public area of the Services (including without limitation that intended for use only by authorised user(s), and/or requiring some form of password or other code) is confidential.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Birdpie and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
Birdpie, the Birdpie logo and Birdpie.com trademarks and service marks and other Birdpie logos and product and service names are trademarks of Birdpie Limited (the "Birdpie Marks"). Without Birdpie's prior permission, you agree not to display or use in any manner the Birdpie Marks.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS;
Birdpie EXPRESSLY DISCLAIMS ALL WARRANTIES AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
Birdpie MAKES NO WARRANTY OR OTHER TERM THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Birdpie OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR TERM NOT EXPRESSLY STATED IN THE TERMS.
NOTHING IN THIS AGREEMENT SHALL IN ANY WAY EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LOSS OR DAMAGE THAT CANNOT BE EXCLUDED BY LAW. SUBJECT TO THE PRECEDING SENTENCE YOU AGREE THAT Birdpie SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, OR LOSS OR DAMAGE FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES OR DAMAGES (EVEN IF Birdpie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH), RESULTING FROM:
THE USE OF OR THE INABILITY TO USE THE SERVICES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY THIRD PARTY;
STATEMENTS MADE BY OR CONDUCT OF YOU OR ANY THIRD PARTY ON THE SERVICES;
You agree to indemnify and hold Birdpie, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out your Submitted Content, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of that third party.
Birdpie respects the intellectual property of others, and Birdpie ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please email Birdpie at support@Birdpie.com with any relevant information.
Notices to you may be made via either email or regular mail. However, Birdpie reserves the right to modify or discontinue the Service with or without notice to you. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services.
No person who is not a party to these Terms shall have any rights under the Contracts (Rights of Third Parties) Act 1999 or other analogous law to enforce the Terms.
The Terms constitute the entire agreement between you and Birdpie and govern your use of the Services, superseding any prior agreements between you and Birdpie. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Birdpie services, affiliate services, third-party content or third-party software.
The failure of Birdpie to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that your Birdpie account is not transferable or assignable. These Terms are binding on, shall continue for the benefit of and be enforceable by Birdpie and its respective successors and assigns. The paragraph titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms shall be governed by English law and any claim, dispute or matter arising under these Terms shall be subject to the exclusive jurisdiction of the English courts.