Your access and use of the Cockatiel.com website ("Site") is subject to the following terms and conditions of use ("Terms and Conditions of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation and qualification, the Terms and Conditions of Use.
Use of the Material
Videos have been submitted to us by visitors and loyal fans of the site to be use at Cockatiel.com. Content from Cockatiel.com is not for redistribution, use on other sites or for downloading. If you feel any of the videos posted on the site is your property and you would like it to be removed, please let us know and we will do so by sending us a DMCA take down notice as described below:
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). please notify us here with the following information:
1. A description of the copyrighted work that you claim has been infringed.
2. The exact URL of each place where alleged infringing material is located.
3. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law.
4. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
5. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you wish to modify or update one of the videos you have uploaded in the past please upload your new video file via the upload interface, and contact us here with the filename and date of upload, as well as the URL to the Cockatiel.com video you wish for us to replace.
Cockatiel.com has created this Site for your personal information, entertainment, education and communication. You are authorized to view and download a single copy of the material on this Site solely for your personal, non-commercial use. You may not copy, reproduce, distribute, republish, modify, transmit, or re-post in any way all or any part of this Site.
The content of this Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign law. Any unauthorized use of the Material may violate copyright laws, trademark laws, the laws of privacy and publicity, or communications regulations and statutes. The Material may not be used except as provided in these Terms and Conditions of Use or in accordance with the text on the Site without prior written permission from Cockatiel.com.
This Site may at times contain information relating to various medical, behavioral, health and fitness conditions of birds and their treatment. This information is offered to provide guidance and is not intended to be a substitute for the advice provided by your own veterinarian or other medical professional. You should not use the information contained herein for diagnosing a pet's health, behavior, fitness, problem or disease. You should always consult your own veterinarian and medical advisors. Your participation in this service therefore is solely at your own risk.
As a visitor and user of the site Cockatiel.com, you warrant that your content submission is solely of original material in which you have all rights that may be necessary to permit you to upload, submit or display it at Cockatiel.com and you grant us all licenses and permissions to use such content at our site. Your submissions do not include music, videos, or other digital content which are, in whole or in part, owned by a third party. Use of your submissions by us as indicated herein does not and will not infringe or violate any copyright, trademark, privacy, publicity, or contractual rights of any third party. You also acknowledge and agree that you will not be financially compensated for your submissions, your submission rights nor to agreeing to the terms and conditions outlined herein.
Disclaimers of Warranties
While Cockatiel.com uses reasonable efforts to include accurate and up-to-date information in the Site, the Material may contain inaccuracies or typographical errors. Cockatiel.com makes no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results obtained from using the Site and the Material.
YOUR USE OF AND BROWSING IN THE SITE OR ANY HYPERLINKED SITE AND THE MATERIAL ARE AT YOUR OWN RISK. THE SITE, OR ANY HYPERLINKED SITE AND THE MATERIAL ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COCKATIEL.COM ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR FOR ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER ITEMS OF A DESTRUCTIVE OR INTRUSIVE NATURE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR ANY HYPERLINKED SITE OR YOUR DOWNLOADING OF ANY MATERIAL EVEN IF COCKATIEL.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Limitation of Damages
NEITHER COCKATIEL.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR PROGRAMS OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NO COCKATIEL.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Cockatiel.com, its officers, directors, employees and agents harmless, from and against any and all claims, actions or demands, including costs and attorneys fees, arising from or in connection with your use of the Site and Material or your breach of the terms of these Terms and Conditions of Use.
Advertising Cookies and Privacy
Google's use of the DART cookie enables it and its partners to serve ads to Cockatiel.com users based on their visit to this sites and/or other sites on the Internet.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as nonconfidential and non-proprietary. Cockatiel.com does not want to receive confidential or proprietary information from you through the Site. By transmitting such material, you acknowledge that Cockatiel.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products based on such information.
You are prohibited from posting or transmitting the following: any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
By uploading digital materials to Cockatiel.com such as videos and photos you are granting Cockatiel.com permission and licensing rights to use your material on the site.
Cockatiel.com may from time to time monitor or review communications posted by other users on the Site's message boards, chat rooms and the like in the future, Cockatiel.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such material. You acknowledge that any reliance on material posted by other users will be at your own risk. We do not sell your personal information to anyone and we only use your email to mail you from time to time news about the site or any of our other animal related sites, you always have the choice to unsubscribe to any of our emails.
This Site contains links to websites outside the Cockatiel.com service which are operated by parties other than Cockatiel.com. The links are provided solely for your convenience and do not constitute an endorsement of the content of the linked sites. Cockatiel.com does not control the linked third party sites and is not responsible for the content of any such third party sites. If you decide to access linked third party sites, you do so at your own risk.
Use of Message Boards and Other Communications Forums (if any)
In the interest of maintaining the Cockatiel.com message board service as mediums for the open exchange of helpful comments and information about bird cockatiels, we must insist that you adhere to the following code of conduct:
* Slanderous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening or harassing comments are not appropriate.
* Any form of direct or indirect personal attack or harassment is unacceptable behavior and is not tolerated.
* Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed.
* Remain friendly and civil.
* Remember that Cockatiel.com provides the message board services for you to discuss matters of interest to bird owners. Please stay on topic.
* No advertising or commercial solicitation allowed.
* Please do not post unauthorized confidential or copyrighted information on our message boards.
Cockatiel.com reserves the right to delete postings that violate this Code of Conduct and may, in its sole discretion, warn, eject or ban users for violating this Code of Conduct.
Cockatiel.com may at any time revise these Terms and Conditions of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions of Use to which you are bound.
The Terms and Conditions of Use are to be governed by and construed under the laws of the United States, without regard to conflicts of laws provisions, and any disputes in connection with the Terms and Conditions of Use or their enforcement shall be resolved in a federal or state court.
In the event that any provision of the Terms and Conditions of Use is deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms and Conditions of Use shall be considered to be stricken from the Terms and Conditions of Use and the remainder of the Terms and Conditions of Use shall remain in full force and effect.
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