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Terms of Use

Terms of Use Sections

Welcome to Bird Watcher's Digest.com. Use of this site is subject to the conditions of the Terms of Use and Privacy Policy, which constitute a legal agreement between you and BWD. By using or visiting the site, you specifically agree to be bound by these Terms of Use and Privacy Policy and to follow the same and all applicable laws and regulations governing the site. All information submitted to Bird Watcher's Digest.com/BWD is done so on a voluntary basis. By doing so you expressly consent to our use and disclosure of your personally identifiable information.

Acceptance of Contract Terms

You have the choice of having your computer remember your log-in information to prevent you from having to retype your user name and password each time you visit this website. You should not use this option if you share a computer or if others have access to your computer.

By accessing, browsing, and/or using the site, you acknowledge that you have read, understood, and agree to be obligated by these terms and to abide by all applicable laws. If you do not agree to these terms, do not use the site.

The materials provided on this site, are protected by law, including, but not limited to, United States copyright law, United States trademark law, and international treaties. This site is controlled and operated by BWD from its offices within the United States. BWD makes no claim that materials in the site are appropriate or available for use in other locations. The laws of the State of Ohio, USA, govern any claim relating to, and the use of, this site and the materials contained herein.

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User Restrictions

The copyright on all material available on this site is held by BWD or by the first creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of BWD or the copyright owner. Consent is granted to display, copy, distribute, and download the materials on this site for personal, non-commercial use only, provided you do not alter the materials and that you retain all copyright and other proprietary references contained in the materials. This consent ends if you abuse any of these terms or conditions.

As a condition of your use of the site, you consent not to use the site for any reason that is unlawful or prohibited by these terms, conditions, and notices. You may not use the site in any manner which could damage, disable, overload, or impair any website(s) or the network(s) connected to any website(s) or interfere with any other party's use and enjoyment of any website(s). You may not try to gain unauthorized access to any website, other accounts, computer systems or networks connected to any website through hacking, password mining, or any other means. You may not obtain or try to obtain any materials or information by any means not purposely made available through the site.

You agree that you are only authorized to visit, view, and retain a copy of pages of this site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this site for any purpose other than those permitted by the Terms of Use or Privacy Policy provided herein. Any unauthorized access to this site is considered trespass and is, therefore, forbidden. You also agree not to deep-link to the site for any purpose, unless clearly authorized, in writing, by BWD to do so.

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Limitation of Responsibility

The information and software included in or available through the site may include inaccuracies or typographical errors. Changes are periodically made to the site and to the information therein. BWD may make improvements and/or changes to the site at any time.

BWD makes no declaration about the suitability, constancy, availability, correctness, lack of viruses or other harmful components, or accuracy of the information, software, and related graphics contained within the site for any reason. All such information, software, and related graphics are provided "as is" without warranty of any kind. BWD hereby disclaims all warranties and conditions within the site for any reason. All such information, software, and related graphics including all implied warranties and conditions of merchantability, fitness for a particular reason, workmanlike endeavor, title, and non-infringement. You specifically agree that BWD shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the site.

Under no conditions including but not limited to negligence, shall BWD be liable for any direct, indirect, special, incidental, or consequential damages including but limited to lost income or assets arising out of the use, or inability to use, the materials on this site or for errors or omissions on this site or any linked site, even if BWD or an BWD-authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for services, repair, or correction of equipment, you assume any costs thereof. Some states or jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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Use and Disclosure of Information

In general, you may browse our site without telling us who you are or revealing any personal information about yourself. Once you submit your personal information to this site, you are no longer anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information, and other personal information as indicated on the forms throughout our site. Where possible, we indicate which fields are required and which fields are optional. You always have the option not to provide information by choosing not to use a particular service or feature.

You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs. You agree that we may use your information to contact and deliver information to you, that in some cases, is targeted to your interests, such as administrative notices, product offerings, and communications relevant to your use of the site. By accepting our Privacy Policy you expressly agree to receive such information. If you do not wish to receive these communications, you may exercise your right to opt-out of the receipt of certain communications.

You expressly agree to the right of Bird Watcher's Digest.com to make your personally identifiable information such as name, address, and certain demographic information about you available to third parties as specified in our Privacy Statement. As a policy we will not make your e-mail address available to any third party, although we may relate third party offers or information through our own communications to you. By accepting these Terms of Use and Privacy Policy, you expressly agree to receive these communications.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in our Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances. Additionally, third parties may unlawfully intercept or access transmissions or private communications that include your personal information. Therefore, although we do employ industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

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Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without prior expressed written consent from BWD. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any service offered on the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on BWD infrastructure. Much of the information on the site is updated on a real time basis and is proprietary or is licensed to BWD by the users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our site without the prior expressed written permission of BWD or the appropriate third party.

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Termination of Access and Services

BWD reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. BWD may also terminate or suspend your subscriber access to the site for inactivity, which is defined as failing renew your subscription, as determined by BWD upon termination of your subscription, your right to use the member section of the site immediately ceases.

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Our Transmissions

Any material, information, or idea you transmit to or post on the site by any means will be treated as nonconfidential and nonproprietary and may be disseminated or used by BWD or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You are prohibited from posting or transmitting to or from the site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under the law. Furthermore, you agree to and hereby irrevocably assign, transfer, and convey to BWD any and all right, title, and interest in and to any copyrightable or patentable material, intellectual property, information, or ideas you transmit to or post on the site.

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Terms of Use Revisions

BWD may at any time revise these Terms of Use by updating this page. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Use to which you are bound. We will also provide a notice of changes by displaying messages or links generally on Bird Watcher's Digest.com.

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