This Terms of Use Agreement (“Agreement”) is entered into between Havenbirds (“Company”) and the user (“User”) of Website (“Platform”).
By accessing or using the Platform, the User agrees to be bound by the terms and conditions set forth in this Agreement. If the User does not agree with this Agreement, they must immediately cease using the Platform.
1. Acceptance of Terms
1.1 By using the Platform, the User acknowledges that they have read, understood, and agreed to be bound by this Agreement.
1.2 The User represents that they have the legal capacity to enter into this Agreement. If the User is using the Platform on behalf of an entity, they represent that they have the authority to bind that entity to this Agreement.
2. Governing Law and Jurisdiction
2.1 This Agreement shall be governed by and construed in accordance with the laws of [Insert jurisdiction or region here, e.g., the State of California], without regard to its conflict of laws principles.
2.2 Any dispute arising out of or in connection with this Agreement shall be exclusively submitted to the competent courts located in [Insert jurisdiction or region here, e.g., the State of California], and the parties consent to the personal jurisdiction of such courts.
3. Intellectual Property Rights
3.1 The Platform and its contents, including but not limited to text, graphics, images, logos, software, and any other materials, are protected by intellectual property rights.
3.2 The Company retains all right, title, and interest in and to the Platform and its contents. The User is granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal or internal business purposes.
3.3 The User agrees not to reproduce, modify, distribute, display, perform, or create derivative works from any part of the Platform, unless expressly permitted by the Company or as permitted by applicable law.
4. User Responsibilities and Conduct
4.1 The User agrees to use the Platform only for lawful purposes and in accordance with this Agreement, applicable laws, and regulations.
4.2 The User agrees not to:
- Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, obscene, or otherwise objectionable;
- Impersonate any person or entity, falsely state or otherwise misrepresent User’s affiliation with a person or entity, or manipulate headers or identifiers to disguise the origin of any content transmitted through the Platform;
- Engage in any activity that interferes with or disrupts the operation of the Platform;
- Attempt to gain unauthorized access to the Platform or any other systems or networks connected to the Platform; or
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.
5. Privacy and Data Protection
5.1 The Company respects the privacy and personal information of its Users. The Company’s practices concerning the collection and use of User information are set forth in its Privacy Policy.
5.2 By using the Platform, the User consents to the collection, use, and disclosure of their information as described in the Privacy Policy.
5.3 The User acknowledges that the Platform may use cookies or similar technologies to enhance the User experience. The User can manage their cookie preferences through their browser settings.
6. Limitation of Liability
6.1 The User expressly understands and agrees that the Company and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- The use or inability to use the Platform;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services acquired or obtained or messages received or transactions entered into through or from the Platform;
- Unauthorized access to or alteration of User’s transmissions or data;
- Statements or conduct of any third party on the Platform; or
- Any other matter relating to the Platform.
6.2 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the User.
7. Modification and Termination
7.1 The Company reserves the right, in its sole discretion, to modify, suspend, or terminate the Platform or this Agreement at any time and without prior notice.
7.2 The User agrees that the Company shall not be liable to the User or any third party for any modification, suspension, or termination of the Platform or this Agreement, except as otherwise expressly stated herein.
8. Entire Agreement
8.1 This Agreement constitutes the entire agreement between the User and the Company concerning the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and the Company.
8.2 Any provisions of this Agreement that are intended to survive termination (including, but not limited to, provisions regarding intellectual property rights, limitation of liability, and dispute resolution) shall continue in effect beyond any termination of this Agreement.
Please note that this Terms of Use Agreement is provided for informational purposes only and should not be considered legal advice. Companies are encouraged to consult with a qualified attorney to ensure compliance with applicable laws and regulations, such as the GDPR or CCPA.