Terms of Use Agreement

This Terms of Use Agreement ("Agreement") is entered into by and between [Company Name] ("Company") and the user ("User") of the BirdsCool website and services ("Services"). By accessing or using the Services, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to these terms, User may not access or use the Services.

1. Acceptance of Terms

By accessing or using the Services, User agrees to be bound by this Agreement and any other policies or guidelines that may be presented to User. If User does not agree to these terms, User may not access or use the Services.

2. Privacy

User's privacy is important to us. Our Privacy Policy sets forth how User's personal information is collected, used, and protected. By accessing or using the Services, User consents to the collection, use, and disclosure of User's personal information in accordance with our Privacy Policy.

3. Intellectual Property

All intellectual property rights in the Services and any related content, including but not limited to text, graphics, logos, images, audiovisual materials, and software, are owned by the Company or its licensors. User agrees not to modify, reproduce, distribute, create derivative works of, publicly display, or otherwise exploit any content from the Services without the prior written consent of the Company.

4. User Conduct

User agrees to use the Services solely for lawful purposes and in accordance with all applicable laws and regulations. User agrees not to:

• Use the Services in any manner that could disable, overburden, or impair the Services;
• Attempt to gain unauthorized access to any part of the Services, other User accounts, or any computer systems or networks connected to the Services;
• Interfere with or disrupt the security or integrity of the Services or any related systems, servers, or networks;
• Use any automated means, including but not limited to robots, spiders, or scrapers, to access the Services or collect information from the Services.

5. Limitation of Liability

The Company and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or non-commercial damages, arising from or in connection with User's use of or inability to use the Services. The Company's liability under this Agreement shall be limited to the maximum extent permitted by applicable law.

6. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United States, specifically the state of [State/Jurisdiction], without giving effect to any principles of conflicts of law.

Any legal action or proceeding arising out of or relating to this Agreement or the Services shall be brought exclusively in the federal or state courts located in [County/Court]. User agrees to submit to the personal jurisdiction of these courts and waives any objection to the venue or convenience of such courts.

7. Severability

If any provision of this Agreement is found to be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not render this Agreement invalid or unenforceable as a whole, and such provision shall be modified, limited, or eliminated to the minimum extent necessary to render it valid and enforceable.

8. Entire Agreement

This Agreement constitutes the entire agreement between User and the Company regarding the use of the Services and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

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By accessing or using the Services, User acknowledges that User has read, understood, and agrees to be bound by this Agreement.

BirdsCool 1336 Neuport Lane, Atlanta Georgia https://www.birdscool.com/

Date: 18.12.2023