Terms & Conditions

WEBSITE TERMS AND CONDITIONS

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website does NOT use cookies. However, by using this website and agreeing to these terms and conditions, you consent to our potential future use of cookies in accordance with the terms of Fatbirder’s privacy policy.

License to use website

Unless otherwise stated, Fatbirder and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed [within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Fatbirder’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Fatbirder’s express written consent.

Restricted access

Fatbirder reserves the right to restrict access to areas of this website, or indeed this entire website, at Fatbirder’s discretion.

If Fatbirder provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Fatbirder may disable your user ID and password in Fatbirder’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Fatbirder a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Fatbirder the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Fatbirder or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Fatbirder reserves the right to edit or remove any material submitted to this website, or stored on Fatbirder’s servers, or hosted or published upon this website.

Notwithstanding Fatbirder’s rights under these terms and conditions in relation to user content, Fatbirder does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

None of the forgoing applies to images sent for use on Fatbirder exclusively where the copyright will remain that of the originator. Fatbirder undertakes to identify the copyright holder adjacent to such images.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Fatbirder makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Fatbirder does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Fatbirder will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;] for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Fatbirder has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Fatbirder’s liability in respect of any:

death or personal injury caused by Fatbirder’s negligence;
fraud or fraudulent misrepresentation on the part of Fatbirder; or
matter which it would be illegal or unlawful for Fatbirder to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Fatbirder has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fatbirder’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Fatbirder’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Fatbirder.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Fatbirder and undertake to keep Fatbirder indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Fatbirder to a third party in settlement of a claim or dispute on the advice of Fatbirder’s legal advisers) incurred or suffered by Fatbirder arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Fatbirder’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Fatbirder may take such action as Fatbirder deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Fatbirder may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Fatbirder may transfer, sub-contract or otherwise deal with Fatbirder’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Fatbirder in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with UK Law and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of the United Kingdom.

Registrations and authorisations

Fatbirder subscribes to the following codes of conduct:

ANTI-SPAM POLICY

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

Fatbirder has a zero-tolerance spam policy.

Automated spam filtering

Fatbirder’s messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by Fatbirder’s systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Receipt of unwanted messages from Fatbirder

In the unlikely event that you receive any message from Fatbirder or sent using Fatbirder’s systems that may be considered to be spam, please contact Fatbirder using the details below and the matter will be investigated.

Changes to this anti-spam policy

Fatbirder may amend this anti-spam policy at any time by publishing a new version on this website.

LINKING POLICY

Status of linking policy

Fatbirder welcomes links to this website made in accordance with the terms of this linking policy. This linking policy is intended to assist you when linking to this website.

Links to this website

Links pointing to this website should not be misleading.

Appropriate link text should be always be used.

You must not use the Fatbirder logo to link to this website (or otherwise) without Fatbirder’s express written permission.

You must not link to this website using any inline linking technique.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website

This website includes numerous links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

Fatbirder has no control over the contents of third party websites, and Fatbirder accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Links to such websites usually use a few lines quoted from that website within the restrictions of copyright law so as not to infringe any copyright. Longer entries using quotes are at the discretion of the copyright holder.

Removal of links

You agree that, should Fatbirder request the deletion of a link to our website that is within your control, you will delete the link promptly.

If you would like Fatbirder to remove a link to your website that is included on this website, please contact feedback@Fatbirder.com but note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

Fatbirder may amend this linking policy at any time by publishing a new version on this website.

PRIVACY STATEMENT

Your privacy is important to Fatbirder. This privacy statement provides information about the personal information that Fatbirder collects, and the ways in which Fatbirder uses that personal information.

Fatbirder may collect and use the following kinds of personal information:

information about your use of this website.

information that you provide using for the purpose of registering with the website.

information about transactions carried out over this website.

information that you provide for the purpose of subscribing to the website services (including Birding Top 1000, anytimetours.net & grumpyoldbirder.com

Any other information that you send to Fatbirder.

Fatbirder may use your personal information to:

Administer this website; personalize the website for you; enable your access to and use of the website services; publish information about you on the website; send to you products that you purchase; supply to you services that you purchase; send to you statements and invoices; collect payments from you; and send you marketing communications.

Where Fatbirder discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Fatbirder may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Fatbirder will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Fatbirder will store all the personal information you provide.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers – Information that Fatbirder collects may be stored and processed in and transferred between any of the countries in which Fatbirder operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Fatbirder may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

This website contains links to numerous other websites. Fatbirder is not responsible for the privacy policies or practices of any third party.

COOKIES POLICY

Currently (2019) Fatbirder does not use cookies

COPYRIGHT NOTICE

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Fatbirder.

Fatbirder grants to you a worldwide non-exclusive royalty-free revocable license to:

view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own personal and non-commercial use.

Fatbirder does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Fatbirder’s prior written permission.

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by emailing feedback@Fatbirder.com

Enforcement of copyright

Fatbirder takes the protection of its copyright very seriously.

If Fatbirder discovers that you have used its copyright materials in contravention of the license above, Fatbirder may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Fatbirder’s copyright materials that contravenes or may contravene the license above, please report this by email to feedback@Fatbirder.com

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to feedback@Fatbirder.com

LEGAL DISCLAIMER

No advice

This website contains general information about legal matters. The information is not advice, and should not be treated as such.

Limitation of warranties

The legal information on this website is provided “as is” without any representations or warranties, express or implied. Fatbirder makes no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, Fatbirder does not warrant that:

the legal information on this website will be constantly available, or available at all; or
the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.

If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Liability

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Fatbirder’s details

The full name of Fatbirder is Fatbirder.com and Fatbirder.net

Fatbirder’s registered address is available on request and maybe found listed on ‘WHO IS’.

You can contact Fatbirder by email to feedback@Fatbirder.com

This document was created using a Contractology template available at www.freenetlaw.com