By visiting and using EyeOnBird.com (hereinafter the “website”), you agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the website. EyeOnBird (“company”, “we”, or “us”) reserves the right to amend these terms and conditions at any time without notice. By using the website, you accept these amendments. It is your responsibility to check the website for updates.
Your continued use of the website after posting changes to our Terms and Conditions constitutes your acceptance of those changes. Do not use the website if you do not wish to be bound by these Terms and Conditions.
Age and United States Use Only
All information and content on this website are intended for individuals over the age of 18. We do not offer products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. We make no representation that the information provided on the website, including any products and/or services, is appropriate for use in other locations.
Privacy Policy
We respect the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
Disclaimer
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review our Disclaimer for more information.
Mandatory Arbitration and Governing Law
You waive your right to bring any legal claims related to the website and our products/services. In the event of any dispute, the terms and conditions shall be construed in accordance with the laws of Texas, United States. You consent to the jurisdiction of the state and federal courts in Texas. You agree to resolve disputes through mandatory arbitration in Texas, bearing the full cost of arbitration as permitted by law. Legal claims initiated after arbitration entitle the prevailing party to recover reasonable attorney’s fees and other costs.
Intellectual Property
All content on this website, including text, posts, logos, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and other information (collectively, the “Content”), is owned by us and protected by copyright, trademark, and other intellectual property laws. You are granted a limited license to print or download Content for personal, non-commercial, informational, and educational use only. You agree not to copy, duplicate, modify, publish, distribute, reproduce, create derivative works, reverse engineer, sell, rent, or license any part of the Content without our prior written consent.
User Content and Lawful Use of the Website
For any content or information that you upload, display, post, transmit, send, email, or submit to us on the website or social media sites, you warrant that you are the owner or have express permission from the owner. You grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use and distribute that content. You agree not to upload, display, post, transmit, distribute, send, email, or submit any information or content that is illegal, defamatory, obscene, harmful, or in violation of any law.
Third-Party Links
The website may contain links to third-party websites for your convenience. We do not own or control these third-party websites. We are not responsible or liable for the accuracy, content, or information presented on these third-party websites. You assume all risks for using these third-party websites.
Use of Our Paid and Free Products
We may offer free products for download and sell paid products on this website. You are granted a limited, personal, non-exclusive, and non-transferable license to use our products for personal use only. You agree not to share, modify, sell, edit, copy, reproduce, create derivative works of, or exploit our products without our express written consent.
Termination
We reserve the right to refuse, remove, restrict access, revoke, and terminate your use of our website at any time for any reason, without notice.
No Refunds
All sales of products and/or services on this website are final. No refunds will be issued.
No Warranties
All content, information, products, and/or services on the website are provided “as is” and “as available” without any warranties, express or implied. We do not guarantee that the website will meet your requirements or that the information provided will be complete, current, or error-free.
Limitation of Liability
We shall not be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, or exemplary damages resulting from your use of the website. You agree that your use of the website is at your sole risk.
Indemnification
You agree to indemnify and hold the company and its affiliates harmless from all claims, damages, and expenses arising from your use of the website, violation of these terms, or infringement by you or any other user of your account.
Entire Agreement
These Terms and Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to this website. It supersedes all prior communications and proposals.
Severability
If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remainder of the agreement remains in full force and effect.
Contact
For any questions, please contact us at https://eyeonbird.com/contact-us/.
