Terms and Conditions
1. Introduction
Welcome to painbirds.com (“Website”). These Terms and Conditions (“Terms”) govern your access to and use of our services. By accessing, browsing, or using this Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Website.
2. Definitions
“Service” refers to the Website (painbirds.com) and any associated services, content, features, or functionality offered through it.
“User” means any individual or entity that accesses, uses, or interacts with the Service.
“Content” refers to any text, images, video, audio, graphics, or other material posted, uploaded, or otherwise made available through the Service.
“Account” refers to a registered profile created by a User to access certain features or areas of the Service, where applicable.
3. Acceptance of Terms
By using the Service, you confirm that you have read, understood, and accept these Terms. You represent that you are at least the age of majority in your jurisdiction or have the legal capacity to enter into agreements. If you are using the Service on behalf of an organization, you affirm that you have the authority to bind that organization to these Terms.
4. Changes to Terms
We reserve the right to modify or update these Terms at any time. Changes will be posted on painbirds.com, and your continued use of the Service signifies your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
5. Use of Services
Eligibility:
You may use the Service only if you can form a binding contract with us and are not barred from using the services under any applicable law.
Account:
To access certain areas or features of the Service, you may be required to register for an Account. You agree to provide accurate and complete information, keep your login credentials secure, and notify us promptly of any unauthorized use of your Account.
Prohibited Activities:
You agree not to:
– Use the Service for any unlawful, harmful, or fraudulent purposes.
– Interfere with or disrupt the Service or its associated servers and networks.
– Attempt to gain unauthorized access to any portion of the Website.
– Post or distribute any Content that is offensive, defamatory, obscene, or violates any law or third-party rights.
6. Intellectual Property
All content, trademarks, logos, and intellectual property displayed on painbirds.com, unless otherwise stated, are the property of painbirds.com or its licensors. You may not use, reproduce, or distribute any Content without our prior written permission.
7. User-Generated Content
You retain ownership of any Content you submit to the Service. By submitting Content, you grant painbirds.com a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display your Content in connection with the Service. You are solely responsible for the Content you contribute and must ensure it does not infringe any third-party rights or violate any laws.
We reserve the right to remove or moderate Content at our discretion.
8. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review it at painbirds.com/privacy-policy.
9. Third-Party Services
The Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for any content, terms, or practices of these third-party sites. Your interactions with any third parties are solely between you and the third party.
10. Disclaimers and Liability
The Service is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the reliability, availability, or accuracy of the Service or any Content therein. To the fullest extent permitted by law, painbirds.com disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall painbirds.com be liable for any indirect, incidental, consequential, special, or punitive damages arising from or relating to the use of or inability to use the Service.
11. Indemnification
You agree to indemnify, defend, and hold harmless painbirds.com, and its affiliates, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your use of the Service or violation of these Terms.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason including breach of these Terms. Upon termination, all rights granted to you under these Terms will immediately cease, and you must discontinue use of the Website.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which painbirds.com operates, without regard to its conflict of laws principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
14. Miscellaneous
Entire Agreement:
These Terms constitute the entire agreement between you and painbirds.com relating to your use of the Service and supersede any prior agreements.
Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver:
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
15. Contact Info
For questions about these Terms, contact us at [email protected].