Erli Bird Terms of Usage Agreement
Amendments and Modifications
Erli Bird may modify this Agreement from time to time without prior notice, and any changes to the Agreement are immediately effective upon posting the Agreement to the Erli Bird Website. You agree, and it is your responsibility, to review this Agreement regularly to ensure you are aware of any changes.
To use the Website you must be able to lawfully form and enter into legally binding contracts. You must be an individual over the age of eighteen (18). To become a Member of the Website, you must read and accept all of the terms and conditions in this Agreement. By registering for an Account on Erli Bird or logging in with Facebook, you represent and warrant that you (a) meet the requirements defined of this "Eligibility" section; (b) agree and abide by the requirements of the terms and conditions of this Agreement; (c) are financially responsible for your use of the Website; and (d) acknowledge and agree that Erli Bird reserves the right to suspend, terminate, or refuse service to anyone, for any reason, or for no reason. You represent and warrant that you are not required to register as a sex offender with any government entity, and that you have never been convicted of a felony.
"Content" is defined as any images, text, photos, audio, video or any other forms of communication or data provided by Website users. You own all Content you upload, post, submit, or otherwise transmit on the Website ("Your Content") including, without limitation, comments, messages, images, reviews, tags, ratings, and personal information. After providing Content to the Website, you retain all ownership rights. By posting or otherwise publishing or transmitting Content to the Website, you hereby grant Erli Bird a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly display, reproduce, distribute, and publish such Content. In providing Your Content through the Website, you represent and guarantee that you are authorized and have the right to provide such Content to Erli Bird and grant the license set forth in this section.
You are solely responsible for the Content that you provide to the Website. Erli Bird does not screen Content in advance and is not responsible for editing or monitoring Content provided by Website users. Content does not necessarily reflect the views or policies of Erli Bird, and Erli Bird makes absolutely no warranties as to the accuracy or reliability of Content. If at any time Erli Bird, at its sole discretion, chooses to monitor the Website, Erli Bird still assumes no responsibility for the Content, and has no obligation to modify or remove any Content.
Erli Bird reserves the right, without obligation and at Erli Bird's sole discretion, to delete Content that fails to conform to this Agreement, may be illegal, abusive, disruptive, or violate the rights or safety of any person.
Since you are solely responsible for Your Content, it is important that you understand that you may expose yourself to liability by providing Your Content if you violate the rights of a third party, including but not limited to copyright, moral rights, misleading information, unlawful materials or information, illegal hate communication, trade secrets, trademarks, privacy, false information, pornography, exploitation, or the violation of any law.
During your use of the Website, you may choose or Erli Bird may invite you to provide ideas, comments, or feedback related to the Website. By submitting any such idea, comment, or feedback, you agree that your disclosure is complimentary, unsolicited, and without restriction and will not place Erli Bird under any fiduciary obligation. You agree that we are free to use your idea, comments, or feedback without any additional compensation to you and may use the information as we see fit, including but not limited to disclosing the information on a non-confidential basis.
Rules of Conduct and Prohibited Activities
Erli Bird reserves the right to investigate and take appropriate legal action against anyone deemed to have violated any of the conditions set forth in this section, including termination of Member services and your right to use the Website.
- You must be an individual over the age of eighteen (18) who can form legally binding contracts, fully able and competent to enter into the terms, conditions, obligations, affirmations, warranties, and representations set forth in this Agreement.
- You may not provide Content that is hateful, racist, threatening, pornographic, or violent.
- You must have the written consent of all natural persons identified in Content to use such person's name or likeness, and each such person has related you from all liability that may arise in relation to such use.
- You may not stalk, harass, bully, or abuse any user.
- You may not provide knowingly false information.
- You may not maliciously use, upload viruses, attempt to circumvent the security procedures, hack, or otherwise violate the stability, security, and privacy of the Website or users of the Website.
- You may not use the Website for any unlawful activities.
- You may not unlawfully reverse engineer the Website.
- You may not collect Content, information, programming code, data, or any other information available on the Website through automated means, such as robots, spiders, scrapers, or bots without our express written permission.
- You may not send spam or otherwise post or transmit unsolicited commercial communications.
- You may not login or access a Member account that does not belong to you.
- You may not solicit for passwords or personal information for unlawful or commercial reasons.
- You may not impersonate another person or entity.
We urge you to use your best judgement and extreme caution before sharing personally identifiable information with others, including information about you or about your friends.
Erli Bird provides a Website that allows for the sharing of personal information with others. However, we cannot and do not assure you that it is safe for you or your friends to have direct contact with other users of this Website. You agree to take reasonable precautions when communicating, sharing information, or meeting other Website users offline or in person. You agree not to provide personal financial information, credit card, or bank information to other Website users. You understand that it is possible for someone to locate a person's home or obtain additional personal information using only a person's name.
You are solely responsible for your interactions and communications with other members. You understand that we do not conduct background checks on our Members or non-member Website users and we do not attempt to verify the accuracy or reliability of information provided by Website users. Erli Bird reserves the right but shall have no obligation other than what is required by law to conduct criminal background checks, sex offender register searches, and/or other screenings at any time.
You agree not to use any personal information you receive about other Website users in an unlawful or irresponsible manner, and you may not use other user's personal information without the express written consent of the user that provided the information to you.
Erli Bird Points
Erli Bird points, badges, and levels have no monetary value. We work with third party sellers to make products and services available for purchase through the website. We frequently offer discounts for products and services in exchange for redeeming Erli Bird points. The discounts we may offer for points for certain products fluctuates over time and may go up or down at our sole discretion. There are absolutely no guarantees that you will be able to redeem points for discounts in the future.
Removal of Material for Which Copyright Infringement is Claimed
Erli Bird respects the copyrights of others. You may not provide Content, modify, reproduce, or distribute any copyrighted or proprietary information, material, or trademarks for which you do not own the rights without first obtaining written approval from the owner of such rights. It is the policy of Erli Bird to terminate membership and discontinue providing services to any Member who repeatedly infringes upon the copyrights of others. Erli Bird also retains the right to discontinue providing access to part of all of the Website for Members that have been found to infringe upon the copyrights of others, regardless of whether or not the Member has had repeat infringements.
Pursuant to the Digital Millennium Copyright Act, Erli Bird will promptly remove or disable access to material formally claimed to be infringing or otherwise determined by Erli Bird to be infringing based on the facts or circumstances available. Erli Bird may, at its sole discretion, send a copy of such copyright dispute notices to third parties for review or publication, with your person information removed. Erli Bird does not tolerate false claims of copyright infringement. You may be subject to liability for any damages, including costs and attorney's fees, if you materially misrepresent that content on the Website infringes on your copyright.
How to report claims of copyright infringement
If you are a copyright owner, or an authorized representative of the owner, and would like to report copyright infringement by a user on the Website, please send a written notification to Erli Bird's Designated Agent. The address of the Designated Agent can be found below. The notification must include the following information:
- Your name, mailing address, telephone number, and, if available, your email address.
- Identification of the copyright work claimed to have been infringed.
- Identification of the content on the Erli Bird Website that you claim infringes on your copyright, and information sufficient to allow Erli Bird to locate such content, such as the applicable URLs.
- A statement that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature.
How to appeal claims of copyright infringement
If you believe that your content was removed by mistake or misidentification, you may file a DMCA Counter Notification to Erli Bird's Designated Agent. The address of the Designated Agent can be found below. The notification must include the following information:
- Your name, mailing address, telephone number, and, if available, your email address.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Erli Bird is located, and that you accept service of process from the person who provided notification under subsection the Digital Millennium Copyright Act Sec 512(c)(1)(C).
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
Contact Information for Erli Bird's Designated Agent: Michael Siegler, 1960 N. Lincoln Park West,2412, Chicago, IL 60614, Phone: 773-857-2228, Email: firstname.lastname@example.org
Copyright Notification Process
Upon receiving a notification of copyright infringement, Erli Bird will make every attempt to review the report quickly. If the report contains the necessary information, Erli Bird will promptly remove or disable access to the content, and notify the user that is alleged to have infringed upon the copyright of others ("Subscriber"). If requested, we will also provide the initial notification to the Subscriber. Upon receipt of a complete Counter Notification, Erli Bird will promptly provide the person who provided the initial notification ("Submitter") with a copy of the Counter Notification. Within 10 to 14 days of receiving the Counter Notification, Erli Bird will replace the removed material, or cease disabling access to it, unless we first receive notice from the Submitter that such person has filed an action seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on the Erli Bird Website.
Links to Third Party Content
The Website contains links to other websites which Erli Bird does not control or endorse. Some of these links are provided by Members or other Website users, while some of them are provided by Erli Bird. You agree that Erli Bird is not responsible for the content available on websites that we do not own, and makes no guarantee related to the availability of such websites. Certain features or services on the Website are provided by or licensed from third parties. The use of each of these features is governed by the applicable third party terms of service.
Use of the Website
You may not sell, resell, reproduce, duplicate, copy, distribute, modify, publicly perform, prepare derivative works based on, repost, or otherwise use or display the Website, or any portion thereof, including but not limited to any Content found on the Website, in any way for any commercial or public purpose without our prior written consent, or the consent of the rights holder.
Other than expressly defined in this section, nothing in this Agreement awards, transfers, or confers any license under any of Erli Bird's or any third party's Intellectual Property Rights, whether by implication, estoppels, or otherwise.
Erli Bird Rights and Trademarks
Erli Bird retains all title, rights, and interest in and to all copyrights and trademarks related to the Website. The Erli Bird logo and name are trademarks of Erli Bird and Michael Siegler. The look and feel of the Website is the trade dress of Erli Bird and may not be copied, reproduced, or emulated without the express written consent of Erli Bird.
This Agreement and any notices or other communications related to the Website or your account may be provided electronically, and you agree to receive all such Notices electronically. We will send Notices to you by email or by posting them on the Website. You may print a copy of any Notice to retain it for your records.
You agree that all Notices received in either paper or electronic format shall be considered to be in "writing". You will be considered to have received a Notice no later than (24) hours after we send the Notice to the email address provided to us on the Website, or when we post such Notice on the Website. You agree to keep your email address accurate and updated on the Website, and you must regularly check the Website for Notices and communications. We may also provide legal Notice to your physical address that you provided through the Website. In such an event, the Notice shall be considered to have been received three (3) days after the date of mailing.
Your consent to receive Notices electronically is valid until you revoke your consent by contacting Erli Bird by telephoning customer service or sending an email to email@example.com. In such an event, Erli Bird will terminate your right to use the Website.
All Notices and communications to Erli Bird intended to have a legal effect must be delivered by means evidenced by a delivery receipt to the following address, and are deemed effective upon receipt: Michael Siegler, 1960 N. Lincoln Park West, 2412, Chicago, IL 60614, Phone: 773-857-2228, Email: firstname.lastname@example.org
Unless otherwise agreed in writing by both parties, either party may terminate this Agreement at any time upon notice to the other party. When your Account is terminated, you may no longer have access to the Website or any Content you keep on the Website, and you agree that all of your Content may be deleted from the Website by Erli Bird.
If your Account is suspended or terminated, you may not continue to use the Website with the same Account, a different Account, or register under any new Account. Erli Bird, in its sole discretion, reserves the right to terminate any user, Member, Account, or Project for any reason, or for no reason, at any time. We will notify you if we terminate your Account, unless we determine, in our sole judgment, that providing notice would cause a risk of further damages, violations, or safety. We will always notify you that your Account will be cancelled if the law requires such notification.
You agree that if Erli Bird suspends or terminates your Account or your Project, we may, at our sole discretion, notify Members who recently communicated with you to inform them of your suspension or termination, and to provide them with a summary explanation for the action.
Erli Bird IS PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Erli Bird TRIES TO KEEP THE WEBSITE SAFE, SECURE, BUG-FREE, AND AVAILABLE, BUT WE DO NOT GUARANTEE THAT THE Erli Bird WEBSITE WILL BE SAFE, SECURE, AVAILABLE, OR BUG-FREE. YOU USE THE WEBSITE AT YOUR OWN RISK. Erli Bird DOES NOT WARRANT OR GUARANTEE THE QUALITY, RELIABILITY, ACCURACY, AVAILABILITY AND SECURITY OF THE Erli Bird WEBSITE, OR CONTENT ON THE WEBSITE.
THE Erli Bird WEBSITE IS DEVELOPED AND CONTROLLED IN THE UNITED STATES OF AMERICA. WE DO NOT GUARANTEE THAT THE WEBSITE IS AVAILABLE OR SUITABLE IN OTHER JURISDICTIONS AND THOSE THAT ACCESS THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE TO COMPLY WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS.
APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW FOR ALL LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL Erli Bird OR OUR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY INCIDENTAL , SPECIAL, INDIRECT, CONSEQUENIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE Erli Bird WEBSITE OR SERVICE, EVEN IF Erli Bird HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, Erli Bird'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OR CLAIM RELATED TO THE Erli Bird WEBSITE OR SERVICE WILL AT ALL TIMES NOT EXCEED THE TOTAL SERVICE FEES PAID BY YOU TO Erli Bird DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF LIABILTY.
APPLICABLE LAW IN SOME JURISDICTIONS DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Erli Bird'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Release of Liability from Damages
In the event that you have a dispute with another Member on Erli Bird, you affirmatively agree to hold Michael Siegler, Erli Bird, and our officers, directors, mangers, employees, and agents, harmless from any losses, claims, or other damage whatsoever, whether actual or consequential, of every kind and nature, arising out of or in any way related to such dispute.
You expressly waive Section 1542 of the California Civil Code, and any similar law in any other jurisdiction, which provides that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor."
You agree to indemnify, defend, and hold Erli Bird, its officers, managers, and employees harmless from any claim, demand, action, loss or damages, including reasonable attorney's fees, brought by a third party against Erli Bird arising out of, relating to, or resulting from (a) your use of the Website or services provided by Erli Bird; (b) any and all payment obligations incurred through the use of the Website, or your failure to pay any invoice or dispute of any payment; (c) your decision to submit personal financial information or credit card information through the Website; (d) your decision to submit Projects, offer Proposals, extend or accept offers from other Members; (e) any claims or breach of contract made by Members with which you worked with through the Website; (f) any claims or liabilities related to the payment and reporting of taxes for any payments made through the Website; (g) your breach of this Agreement; or (h) any intentional wrongdoing by any other Member on the Website whom with you interacted.
We will notify you in writing of any such claim or liability or threat thereof, cooperate with you in the defense or settlement, and allow you to control the defense or settlement. We shall be at liberty to partake in the defense at our own expense through our own council.
This Agreement is a complete and exclusive statement of the entire agreement between you and Erli Bird concerning the Website.
If any portion of this Agreement is found to be illegal or unenforceable, neither the validity nor enforceability of the remainder of the Agreement shall be affected. The failure of Erli Bird to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
You may not assign or transfer all or any part of your rights under this Agreement without the express written consent of Erli Bird
The captions and bold paragraph headings included in this Agreement are for convenience only and shall not be given any legal or contractual effect.