Effective Date: Jan. 4, 2019
1. Who Can Use Our Site
3. Ownership of the Site; Intellectual Property
Our Site contains text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. The entire content of our Site is copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on our Sites are registered and/or unregistered trademarks of Classic Brands, its licensors or content providers, or other third parties. You acknowledge that Classic Brands is the exclusive owner of the Site and that the Site is the proprietary intellectual property of Classic Brands. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.
4. Rights We Grant You
5. Restrictions on Use of the Site
By using and accessing our Site, you acknowledge and agree that you must NOT:
- use our Site for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use our Site to harm or exploit minors in any way;
- engage in any activity or use any device, software, or routine that interferes with or disrupts our Site (or the servers and networks which are connected to our Site), or a user’s access to our Site, or our Site’ operations, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of our Site is rendered or displayed in a user's browser or device;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in anyway making up a part of our Site;
- impersonate any person or entity, including any employee or representative of us or otherwise misrepresent your affiliation with a person or entity;
- frame or otherwise simulate the appearance or functions of the Site or any portion thereof;
- modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Site, including any Site included on our Site;
- use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Site, deep-link to any feature or content on our Site, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to our Site or copying of any Content or enforce limitations on use of our Site and the Content on our Site;
- collect or store personal data about other users without permission; and
- use our Site for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
6. Suspension; Modification; Termination
More Birds may prohibit you from using or accessing the Site by placing a temporary hold or freeze on your account if we suspect you are violating the terms of this Agreement. If no violation is found, we will remove the hold, and you may continue using the Site.
7. User Content and Feedback
For any User Content that you post via the Site, you also hereby represent and warrant that: (a) you are owner of all User Content or otherwise have the right to grant us the licenses stated above; (b) you have secured all consents or permissions necessary to post the User Content and to grant the licenses stated above; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and the User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.
Should you provide us with comments, feedback, information, or data about our Site, our Content, or use of our services, such as ideas, suggestions, or questions, (collectively, “Feedback”), your Feedback will not be given confidential treatment. By sending us any Feedback, you agreed to assign and you hereby assign such Feedback (along with any underlying or related ideas, concepts, techniques, know-how, and intellectual property rights) to Classic Brands without charge. You further agree to take all acts reasonably requested by Classic Brands to confirm Classic Brands’ ownership of such Feedback. As the sole and exclusive owner of such Feedback, we will be free to reproduce, make, copy, use, disclose, sell, distribute, and otherwise exploit such Feedback, for any commercial or non-commercial purposes (including into Classic Brands’ products, services, Site, or other offerings of Classic Brands), without any obligation or compensation to you of any kind.
8. Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others. If you believe that any Content of our Site may infringe your copyrights or other intellectual property rights, please provide Classic Brands the written information specified below. Please note that this procedure is exclusively for notifying Classic Brands if you believe that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Classic Brands’ representative for notice of claims of copyright infringement or other intellectual property infringement on our Site can be reached as follows:
CB Member, LLC
3600 S. Yosemite St., Ste. 1000
Denver, CO 80237
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR ON, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CLASSIC BRANDS MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES IN OR ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, CLASSIC BRANDS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. PLEASE BE AWARE THAT INTERNET DATA TRANSMISSION IS NOT ALWAYS SECURE AND WE CANNOT WARRANT THAT INFORMATION YOU TRANSMIT UTILIZING THE SITE IS SECURE. CLASSIC BRANDS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CLASSIC BRANDS OR ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF RMS OR ITS AFFILIATES (THE “CLASSIC BRANDS PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SITE AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN THE EVENT THE CLASSIC BRANDS PARTIES ARE NONETHELESS HELD LIABLE TO YOU FOR ANY DIRECT DAMAGES, THEN SUCH DAMAGES SHALL BE CAPPED AT THE GREATER OF: (I) THE FEES PAID BY YOU TO CLASSIC BRANDS TO ACCESS OR USE THE SITE (IF ANY) OR (II) US $500.00.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE INTERNET CONNECTION TO ACCESS THE SITE VIA THE INTERNET AND THAT CLASSIC BRANDS WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS THE SITE DUE TO ANY POWER OR INTERNET DATA CONNECTION FAILURE.
11. Exclusions and Limitations
12. Release and Indemnification
12.1 Release. You agree to release the Classic Brands Parties (as defined in Section 9) from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any Content or other material within or on the Site, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Site.
12.3 Release by California Residents. If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: "A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor." You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against Classic Brands.
13. Third-Party Websites & Content
Classic Brands does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via our Site (“Third-Party Content”). Any Third-Party Content placed on the Site is the views and responsibility of those who post those comments, opinions, or statements, and do not necessarily represent the views of Classic Brands.
14. Arbitration; Class-Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND CLASSIC BRANDS TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
16.2 Access from Outside of the United States. Our Site and the Content is hosted in the United States and is governed by the law of the United States. Our products and services, and other Content, on our Site are only directed at those located within the United States. If you are using our Site from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
CB Member, LLC
3600 S. Yosemite St., Ste. 1000
Denver, CO 80237