Welcome to the HopeForFeathers.com web site for pet bird lovers of all ages. Using the services provided on this web site will constitute acceptance with the following terms and conditions. Please read this agreement in its entirety. If you do NOT agree to these terms, then please do NOT use this site.
The following is a legal agreement ("Agreement") between Dancing Parrot, LLC dba HopeForFeathers.com a Colorado Limited Liability Company with offices at 746 Kimball Ave, Grand Junction, Colorado 81501 ("HopeForFeathers.com", "we", "us", or "our") and "you", the user of this Site. By accessing, browsing or using HopeForFeathers.com ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations.
HopeForFeathers.com reserves the right to make changes to the Agreement from time to time by updating this page. The date of the then most current Agreement will always be clearly stated: [Last Updated September 21, 2010.]
HopeForFeathers.com hereby grants you a limited license to use the features, services and materials provided by HopeForFeathers.com on this Site (collectively "Materials") solely for your personal, non-commercial use, subject to the Terms. No other use of the Site or Materials is authorized under any circumstances. Individuals, organizations and businesses may not use this service to send email to people or other entities on mailing lists and usenet news groups that they do not have full rights to use, nor send email to people or other entities with whom they are not acquainted. Sending multiple emails with advertising content is considered abuse of this service ("spam") and we'll take appropriate measures to exclude users deliberately violating this rule.
You agree not to add any copyrighted images, music, wording or other content to your greeting card unless you obtained the copyright owner's permission. You also agree that any copy of the Materials (or any portion thereof) that you make must retain all copyright and other proprietary notices contained herein or therein. Posting of Materials from this Site on other web sites is strictly forbidden.
HopeForFeathers.com, in its sole discretion, may vary the Materials and other features of the Site from time to time without prior notice.
The HopeForFeathers.com site contains materials protected by law, including but not limited to copyrights and trademarks. The copyrights of the images, sounds and other materials on this Site are owned by either by HopeForFeathers.com or by the individual photographers, composers and artists who have authorized their use on this website. It is illegal to reproduce photographs taken by a professional photographer or other copyrighted material without the permission of the copyright owner. As with any image, your possession of a copy of a digitized image does not give you any rights to use it as you wish. The copyright of an image or sound is generally owned by the photographer/composer/artist and only the copyright owner, or the owner's legal agent, can give you permission to copy, distribute, change or publish it. You shall abide by all additional copyright restrictions contained in the copyright notices within the Materials accessed through the Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Materials in whole or in part, except as otherwise provided for in this Agreement.
Use of any HopeForFeathers.com trademarks as meta-tags for search engines is strictly prohibited.
HopeForFeathers.com has adopted the following Acceptable Use Policy in order to assure that its eCards are used in a lawful and appropriate manner. While HopeForFeathers.com does not ordinarily monitor the contents of users' eCards, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is strictly prohibited on the service:
Furthermore, you agree that you will not through the use of this Site violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
You are solely responsible for your actions and communications undertaken or transmitted using this Site. HopeForFeathers.com does not exercise any editorial control over your transmissions. However, HopeForFeathers.com reserves the right to review your uploads and transmissions in order to ensure strict compliance with these Terms.
HopeForFeathers.com reserves the right in its sole discretion to disclose to third parties, including recipients, relevant information about a communication, including, but not limited to, the member's name, account information, transmission data and any other information deemed necessary by HopeForFeathers.com to address past violations of the acceptable use policy and to prevent future violations. These disclosures may be made with or without prior notice to you. By using this site, you irrevocably consent to such disclosures.
The materials, information, and services provided on this site are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. There is no warranty against interference with your enjoyment of any materials, information, or services (including, but not limited to, any data, text, images, sounds or computer programs (including collections and compilations of them) or against infringement. HopeForFeathers.com is not responsible for any failure of ecards sent through the service to reach their intended recipient(s) or to reach such recipient(s) on the date specified by the member. The materials available on the site are subject to change without prior notice.
Neither HopeForFeathers.com nor any of its officers, directors, employees or affiliates are liable for any indirect, special, consequential, punitive, exemplary or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorney's fees) in any way due to, inability to access, or use of the site, or from your reliance on any information provided at the Site, even if HopeForFeathers.com has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that HopeForFeathers.com and its affiliates' aggregate liability shall not exceed any sums paid pursuant to this agreement.
Neither HopeForFeathers.com nor its affiliates assume any liability for any content uploaded or otherwise transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using this site. You agree to hold harmless HopeForFeathers.com and its affiliates and parties with whom HopeForFeathers.com has contracted for purposes of hosting or maintaining this site from all claims based upon communications or materials made available to you on this site.
Neither HopeForFeathers.com nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where there contents are illegal is strictly prohibited. Those who elect to access this Site from other locations recognize that their decision is made on their own initiative and are solely responsible for their strict compliance with corresponding local laws.
You hereby indemnify, defend and hold harmless HopeForFeathers.com and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you and/or any user of your account of this Agreement. You must cooperate as fully as reasonably required in defense of any such claim. HopeForFeathers.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
In the event HopeForFeathers.com determines, in its sole discretion, that you have violated these Terms, HopeForFeathers.com has the right to immediately terminate your account without a refund, refuse your Membership and/or block the sending or receipt of eCards from our Site, or pursue any other remedies available to it under applicable law.
This Agreement, and the respective rights and obligations of the parties hereto, are governed by and construed in accordance with the laws of the State of Colorado and any dispute arising between you and HopeForFeathers.com will be submitted to binding arbitration in Grand Junction, Colorado pursuant to the American Arbitration Association's standard rules in effect for arbitration of commercial disputes.
HopeForFeathers.com will allow you to create your own eCards by uploading your own photos, videos or using YouTube™ embed code. If you do so, you are subject to the conditions outlined in these Terms. When you upload photos, videos or images to the Site you are indicating that you own the photo or image or have full rights to its use, including also any images or persons in the photo or image. You are also indicating that the photos, videos or images you upload do nor contain or depict any obscene, pornographic or illegal materials. When you upload material to the Site and use it to create an eCard, your material will be used for the transmission of your digital eCard.