Terms of ServicePlease read the following terms carefully before using Toxic Bird
Accepting the Terms of Service
The purpose of this website, Toxic Bird (the “Site”), is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:
Modifications of Terms Of Service
Toxic Bird reserves the right to modify or replace the Terms of Service at any time. You are required to acquaint with the latest version of the Terms of Service. Any use of the Services after modification constitutes your acceptance of the new terms.
Users agree not to use the Toxic Bird Website or Services to:
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website or Services;
- Attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Website or Services or any activities conducted through the Website or Services;
- Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Website or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any personally identifiable information about persons under 13 years of age;
- Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Websites in a manner that sends more request messages to the Toxic Bird servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. THE WEBSITE, CONTENT, AND USER SUBMISSIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. Toxic Bird MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. Toxic Bird DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Toxic Bird WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL Toxic Bird, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE Toxic Bird PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third party websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Toxic Bird or the Site. Unless explicitly otherwise provided, neither Toxic Bird nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. Toxic Bird and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or Toxic Bird with respect to such sites and third party content.
Toxic Bird may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Users's account, User’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Toxic Bird or the Site, including without limitation any indemnification obligations contained herein. Toxic Bird and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or Toxic Bird with respect to such sites and third party content.
If You believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to us.
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Toxic Bird is capable of finding and verifying its existence.
- Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party's physical or electronic signature.
After receiving notification of an alleged infringement that meets all of the requirements above, Toxic Bird shall:
- Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Site.
- Toxic Bird will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
- Toxic Bird reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.