Terms of use

Terms of Use By opening an account and profile, you agree to our Terms of Use and Privacy Policy If you do not agree to be bound by this Agreement, you may not use the Services and must discontinue use of the Services immediately.

Introduction
1. The Wild Bird Revolution is an online, photographic focused community of global bird photography enthusiasts and bird lovers established by the Wild Bird Trust (“we” or “us”). The Wild Bird Trust is based in South Africa.
2. These Terms of Use (“Agreement”) describe the terms that govern your access and use of the Wild Bird Revolution website (www.wildbirdrevolution.org) (“Website”), and other content and services that are linked to this Agreement (collectively, the "Services").
3. By using the Services or by clicking a box that states that you accept and agree to this Agreement, you signify your agreement to be bound by this Agreement, including any future modifications and to abide by all applicable laws, rules and regulations ("Applicable Law").
4. We may modify this Agreement at any time, and each such modification will be effective upon posting on or to the Website. Your continued use of the Services following any modification constitutes your acceptance of and agreement to be bound by this Agreement as so modified.
Account Registration and Security
1. In order to access the Services, you are required to create an account so that you can upload, view and comment on Content (defined below) and create a profile.
2. All registration information you submit directly to us must be accurate and must be kept updated by you. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account.
3. You may not:
  1. select or use as a username a name of another person with the intent to impersonate that person; or
  2. use as a username a name subject to any rights of another person without appropriate authorization; or
  3. use the account, username, email address or password of another member or subscriber and not allow any other person to use your account.
4. We reserve the right to refuse registration of, or cancel, a username, in our sole discretion.
5. You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. You agree to indemnify the Wild Bird Trust from any third-party claims arising from your actions in failing to keep your account information secure and confidential in the event someone else uses your account.
6. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account or password.
7. If we make available a method by which you are able to upload a picture to your profile, we shall also retain the right, but no obligation, to reject any profile pictures provided by you.
Access
1. The Services are intended solely for your personal and non-commercial use. We may change, suspend or discontinue the part or all the Services (or any feature thereof) at any time. We may also impose limits on certain features and services offered on the Services or restrict your access to parts or all the Services without notice or liability.
2. We make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will not be interrupted and error free. You acknowledge that from time to time part or all the Services may be inaccessible for any reason, including, without limitation:
  1. equipment malfunctions;
  2. periodic maintenance procedures or repairs which we may undertake from time to time; or
  3. causes beyond our control or which are not reasonably foreseeable by us.
Cancellation and suspension of account
1. We may:
  1. suspend your account; or
  2. cancel your account at any time in our sole discretion without notice or explanation.
2. You may cancel your account on our Website using your account profile on the Website.
Subscription Fee
1. We reserve the right to charge a fee for any portion of the Services.
2. We will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account in the event you do not wish to pay the modified fee.
3. If you continue to use the Services after the applicable fee has been levied or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription service.
Limited Content License
1. The Services contain content of the Wild Bird Trust and their licensors and assignors (“Content"), as well as materials and content provided by users (“User Content”) or other third parties. The Content contained in the Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and the Wild Bird Trust, its licensors, or its assignors, own and retain all rights in the Content and Services.
2. We hereby grant you a limited, non-sublicensable, non-transferable license, to access and display the Content (excluding any software code) solely for your personal, non-commercial use, in connection with using the Services.
3. Except as provided in this Agreement, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available or otherwise use any Content contained in or through the Services.
4. Except as explicitly and expressly permitted by us or by the limited license set forth above, you are strictly prohibited from creating works or materials that derive from or are based on the Content.
5. You may not, without our written permission, “mirror” any Content contained on the Website or any other server. You may not use the Services for any purpose that is unlawful or prohibited by the Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services.
Restrictions on Use of the Services
1. We reserve the right to remove any Content in our sole discretion.
2. You understand that you are responsible for all User Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content.
3. You agree not to:
  1. use the Services in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
  2. use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use the Services to advertise or promote competing services.
4. You agree that we may access, preserve or disclose information you provide to or through the Services or that we have collected about you, including registration information and User Content, when we have a bona fide belief that such access, preservation or disclosure is necessary in order to:
  1. protect, enforce, or defend the legal rights, privacy, safety, or property of the Wild Bird Trust, or affiliates, or their employees, agents and contractors (including enforcement of this Agreement);
  2. protect the safety, privacy, and security of users of the Services or members of the public, including in urgent circumstances;
  3. protect against fraud;
  4. comply with Applicable Law; or
  5. respond to requests from public and government authorities.
5. We reserve the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and we assume no responsibility for any loss of your User Content due to it being removed by us or for any other reason.
Message Boards and Forums
1. We may offer users the ability to comment on User Content, “like” User Content, post messages on message boards, photos and/or forums (collectively, "Forums"), which may be open to the public generally.
2. You agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums.
3. We reserve the right, but disclaim any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in our sole discretion and without notice to you.
Copyright and License to User Content
1. We do not claim any ownership rights (including copyright) in the User Content that you transmit or otherwise make available on, through or in connection with the Services.
2. By posting or transmitting any User Content on, through or in connection with the Services, you hereby grant to the Wild Bird Trust, licensees, assignees, and authorized users, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sublicensable and transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, broadcast and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, the Wild Bird Trust is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services. Our use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity.
3. You represent and warrant that:
  1. you own the User Content transmitted by you on, through or in connection with the Services, or otherwise have the right to grant the license set forth in this section, and
  2. the transmission of User Content by you on, through or in connection with the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
4. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content transmitted by you on or through the Services.
5. If you delete your User Content from any Service, Wild Bird Trust's license to such User Content will end after a reasonable period necessary for the deletion to take full effect. However, the User Content may be retained in Wild Bird Trust's back-up copies of the applicable Service, which are not publicly available. Furthermore, to the extent that Wild Bird Trust made use of your User Content before you deleted it, Wild Bird Trust will retain the right to make such pre-existing uses even after your User Content is deleted.
Material that Infringes Copyright
Third-Party Links and Services
1. The Services may provide, or third parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, "Third-Party Services").
2. When you engage with a Third-Party Service, you are interacting with the third-party, not with the Wild Bird Trust. The Wild Bird Trust is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services. Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement of the Third-Party Service.
3. Wild Bird Trust is not responsible for the content or practices of any websites other than the Services that link to this Agreement, even if the website links to the Service. By using the Services, you acknowledge and agree that Wild Bird Trust is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Services.
4. When you access Third-Party Services, you do so at your own risk.
Member Disputes
1. You are solely responsible for your interactions with other Wild Bird Trust users and visitors, providers of Third-Party Services or any other parties with whom you interact on, through or in connection with the Services.
2. Wild Bird Trust reserves the right, but has no obligation, to become involved in any way with these disputes.
Privacy
Disclaimer
1. We do not warrant or represent:
  1. the completeness or accuracy of the information published on the Website;
  2. that the material on the Website is up to date; or that the Website or any service on the Website will remain available.
2. You acknowledge and agree that your use of the Services, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties.
3. You assume responsibility for the entire cost of any maintenance, repair or correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of the Services.
Limitation on Liability
1. To the fullest extent permitted by Applicable Law, the Wild Bird Trust will not be liable to you or any third-party for any indirect, consequential, incidental, special or general damages, including, without limitation, loss of profits arising from your use of or inability to use the Services.
2. Notwithstanding anything to the contrary contained herein, to the fullest extent permitted by Applicable Law, the Wild Bird Trusts liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Wild Bird Trust, for the Services during the twelve (12) months prior to the claim.
Governing Law and Jurisdiction
1. This Agreement and/or any dispute arising from or in connection therewith shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from this Agreement.
2. In the event of any dispute arising between you and the Wild Bird Trust, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Indemnity
1. You agree to indemnify and hold the Wild Bird Trust, its subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, made by any third-party due to or arising out of or in connection with your use of the Services, your breach of this Agreement, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the Services.
General
1. You may not cede, assign or otherwise transfer your rights and obligations in terms of this Agreement to any third party.
2. Any failure on the part of the Wild Bird Trust to enforce any right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4. No indulgence, extension of time, relaxation or latitude which we may show grant or allow to you shall constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future.
5. You agree that any notices the Wild Bird Trust may be required to send to you will be effective upon Wild Bird Trust sending an e-mail message to the e-mail address you have on file with the Wild Bird Trust.
Google Maps API
1. Wild Bird Revolution makes use of the Google Maps Places API in order to provide the user with a location input mechanism. By using the platform users are bound by Google’s Terms of Service