TERMS AND CONDITIONS
This website and application (“Service”) is operated by BirdSnap. Throughout the site and app, the terms “we,” “us,” and “our” refer to BirdSnap. BirdSnap offers this website and application, including all information, tools, and services available, conditioned upon your acceptance of the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage with our “Service” and agree to be bound by the following terms and conditions (“TERMS AND CONDITIONS” or “Terms”), including additional terms, conditions, and policies referenced herein or made available via hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these TERMS AND CONDITIONS carefully before accessing or using our website/application. By accessing or using any part of the site or app, you agree to the Terms. If you do not agree to all the terms and conditions, you may not access the website or use any of our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools that are added to the current store or application shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any section of these Terms by posting changes to our website or app. It is your responsibility to check this page periodically for updates. Your continued use of the website/application after any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you will not use our products for any illegal or unauthorized purposes. In using our Service, you must comply with all applicable laws and regulations, including but not limited to copyright, export control, and privacy laws. You agree not to transmit worms, viruses, or destructive code. A breach of these Terms may result in termination of your access to our Service.
SECTION 2 - GENERAL CONDITIONS
1. Right to Refuse Service:
We reserve the right to refuse service to anyone for any reason at any time.
2. Content Transmission:
You understand that your content (excluding credit card information) may be transmitted unencrypted and may involve:
· Transmission over various networks.
· Adaptations to conform to technical requirements of connecting networks or devices.
3. Credit card information is always encrypted during network transfers.
4. Reproduction and Accessibility:
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our Service, use of the Service, or access to the Service or contact on the website/application without our express written permission.
5. Headings:
The headings in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information on our site is inaccurate, incomplete, or outdated. The material provided on our site is for general informational purposes only and should not be relied upon for making decisions without consulting more complete sources. Any reliance on such material is at your own risk.
We may modify the content of the site at any time but are not obligated to update any information. It is your responsibility to monitor the site for updates.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
1. Prices for our products are subject to change without notice.
2. We reserve the right to modify or discontinue the Service, or any part of it, at any time, without notice.
3. We are not liable to you or any third party for price changes, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (APPLICABLE TO THE BIRDSNAP SMART BIRDWATCHER)
1. Availability:
Certain products or services may be available exclusively online. These may have limited quantities and are subject to our Return Policy.
2. Accuracy:
We make every effort to ensure product descriptions and images are as accurate as possible. However, we cannot guarantee that your device or monitor will display colors and images correctly.
3. Restrictions:
We reserve the right to limit sales by person, region, or jurisdiction and may limit product quantities. All prices and product descriptions are subject to change without notice, and we may discontinue products at our discretion.
4. Warranty and Expectation:
We do not guarantee that our products or services will meet your specific expectations. Please refer to our warranty and return policy for further details.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
1. We may refuse any order placed with us and may limit quantities purchased per person, household, or order.
2. In case of changes or cancellations to an order, we will notify you via the contact details provided at the time of purchase.
3. You agree to provide accurate account information, including billing and shipping details, and to update them promptly as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools. These tools are offered "as is" and “as available,” without warranties or representations. Use of these tools is at your discretion, and we encourage you to review the applicable third-party terms before use.
SECTION 8 - THIRD-PARTY LINKS
Certain third-party links or content may appear on our Service. We are not responsible for the accuracy, content, or practices of third-party websites, and we are not liable for damages arising from the use of such content or services. Review third-party policies carefully before engaging in transactions.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
By submitting any ideas, proposals, or materials (collectively, “comments”) to us, you grant us an unrestricted right to edit, copy, publish, distribute, and otherwise use those comments. We are not obligated to respond to or compensate for such comments. You agree to avoid submitting unlawful, defamatory, or obscene comments.
SECTION 10 - PERSONAL INFORMATION
The handling of your personal information is governed by our Privacy Policy. Please review it for detailed information on how we collect, use, and protect your data.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct errors or inaccuracies related to product descriptions, pricing, or availability without prior notice. Orders affected by such errors may be canceled.
SECTION 12 - PROHIBITED USES
You agree not to use our Service or content for unlawful purposes, to violate regulations, infringe on intellectual property, or transmit harmful code. Violation of these restrictions may result in termination of your access.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted or error-free Service. Use of our Service is at your own risk, and we are not liable for damages, losses, or inaccuracies arising from its use.
SECTION 14 - GOVERNING LAW
These Terms are governed by the laws of the State of California, USA.
SECTION 15 - CHANGES TO TERMS
We reserve the right to modify these Terms at any time. Updates will be posted here, and continued use of our Service constitutes acceptance of those changes.
