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WEBSITE TERMS OF USE and PRIVACY POLICY

for http://birdparadise.org

If you do not agree to the Terms of

Use, discontinue using the site

immediately!

By using this site, you signify your

Assent and Agreement to these Terms of

Use. If you do not agree to

these Terms of Use, do not use the

site.

Restrictions on Use of Materials

Materials in this website are

Copyrighted and all rights are

reserved.

Text, graphics, databases, HTML code,

and other intellectual property are

protected by US and International

Copyright Laws, and may not be copied,

reprinted, published, reengineered,

translated, hosted, or otherwise

distributed by any means without

explicit permission. All of the

trademarks on this site are trademarks

of

http://birdparadise.org or of other

owners used with their permission.

Database Ownership, License, and Use

http://birdparadise.org warrants, and

you accept, that

http://birdparadise.org is the owner of

the copyright of the Databases of Links

to articles and

resources available from time to time

through http://birdparadise.org site

and its contributors

reserve all rights and no intellectual

property rights are conferred by this

agreement.

http://birdparadise.org grants you a

non-exclusive, non-transferable license

to use

database(s) accessible to you subject

to these Terms and Conditions. The

database(s) may be used only for

viewing information or for extracting

information to the extent described

below.

You agree to use information obtained

from http://birdparadise.org data

bases only for your

own private use or the internal

purposes of your home or business,

provided that is not the selling or

broking

of information, and in no event cause

or permit to be published, printed,

downloaded, transmitted, distributed,

reengineered, or reproduced in any form

any part of the databases (whether

directly or in condensed, selective

or tabulated form) whether for resale,

republishing, redistribution, viewing,

or otherwise.

Nevertheless, you may on an occasional

limited basis download or print out

individual pages of information

that have been individually selected,

to meet a specific, identifiable need

for information which is for your

personal use only, or is for use in

your business only internally, on a

confidential basis. You may make such

limited number of duplicates of any

output, both in machine-readable or

hard copy form, as may be reasonable

for

these purposes only. Nothing herein

shall authorize you to create any

database, directory or hard copy

publication of or from the databases,

whether for internal or external

distribution or use.

Liability

The materials in this site are provided

"as is" and without warranties of any

kind either express or

implied. Laser Spark disclaims all

warranties, express or implied,

including, but not limited to, implied

warranties of merchantability and

fitness for a particular purpose.

http://birdparadise.org does

not warrant that the functions

contained in the materials will be

uninterrupted or error-free, that

defects will

be corrected, or that this site or the

server that makes it available are free

of viruses or other harmful

components. http://birdparadise.org

does not warrant or make any

representations regarding the

use or the results of the use of the

materials in this site in terms of

their correctness, accuracy,

reliability, or otherwise. You (and not

http://birdparadise.org assume the

entire cost of all

necessary servicing, repair or

correction. Applicable law may not

allow the exclusion of implied

warranties, so

the above exclusion may not apply to

you.

Under no circumstances, including, but

not limited to, negligence, shall

http://birdparadise.orgbe liable for

any special or consequential damages

that result from the

use of, or the inability to use, the

materials in this site, even if

http://birdparadise.org

authorized representative has been

advised of the possibility of such

damages. Applicable law may not allow

the

limitation or exclusion of liability or

incidental or consequential damages, so

the above limitation or

exclusion may not apply to you. In no

event shall http://birdparadise.org

total liability to you

for all damages, losses, and causes of

action (whether in contract, tort,

including but not limited to,

negligence or otherwise) exceed the

amount paid by you, if any, for

accessing this site.

Facts and information at this website

are believed to be accurate at the time

they were placed on the

website. Changes may be made at any

time without prior notice. All data

provided on this website is to be used

for information purposes only. The

information contained on this website

and pages within, is not intended to

provide specific legal, financial or

tax advice, or any other advice,

whatsoever, for any individual or

company

and should not be relied upon in that

regard. The services described on this

website are only offered in

jurisdictions where they may be legally

offered. Information provided in our

website is not all-inclusive, and

is limited to information that is made

available to http://birdparadise.org

and such information

should not be relied upon as all-

inclusive or accurate.

Links and Marks

The owner of this site is not

necessarily affiliated with sites that

may be linked to this site and is not

responsible for their content. The

linked sites are for your convenience

only and you access them at your own

risk. Links to other websites or

references to products, services or

publications other than those of

http://birdparadise.org and its

subsidiaries and affiliates at this

website, do not imply the

endorsement or approval of such

websites, products, services or

publications by

http://birdparadise.org or its

subsidiaries and affiliates.

Certain names, graphics, logos, icons,

designs, words, titles or phrases at

this website may constitute

trade names, trademarks or service

marks of http://birdparadise.org or

of other entities. The

display of trademarks on this website

does not imply that a license of any

kind has been granted. Any

unauthorized downloading, re-

transmission, or other copying of

modification of trademarks and/or the

contents

herein may be a violation of federal

common law trademark and/or copyright

laws and could subject the copier to

legal action.

Confidentiality of Codes, Passwords and

Information

You agree to treat as strictly private

and confidential any Subscriber Code,

username, user ID, or password

which you may have received from

http://birdparadise.org, and all

information to which you have

access through password-protected areas

of the websites and will not cause or

permit any such

information to be communicated, copied

or otherwise divulged to any other

person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every

access to

http://birdparadise.orgreserves the

right

to issue revisions to these Terms of

Use by publishing a revised version of

this document on this site: that

version will then apply to all use by

you following the date of publication.

Each access of information from

http://birdparadise.orgwill be a

separate, discrete transaction based on

the then prevailing

terms.

This Terms of Use and the license

granted may not be assigned or sublet

by You without

http://birdparadise.org written consent

in advance.

These Terms of Use shall be governed

by, construed and enforced in

accordance with the laws of the

Massachusetts, as it is applied to

agreements entered into and to be

performed entirely within such

jurisdiction.

To the extent you have in any manner

violated or threatened to violate

http://birdparadise.org and/or its

affiliates' intellectual property

rights,

http://birdparadise.org and/or its

affiliates may seek injunctive or other

appropriate relief in

any state or federal court in the State

of Massachusetts, and you consent to

exclusive jurisdiction and venue in

such courts.
Any other disputes will be resolved as

follows:

If a dispute arises under this

agreement, we agree to first try to

resolve it with the help of a mutually

agreed-upon mediator in the following

location: Pittsfield, MA. Any costs and

fees other than attorney fees

associated with the mediation will be

shared equally by each of us.

If it proves impossible to arrive at a

mutually satisfactory solution through

mediation, we agree to submit

the dispute to binding arbitration at

the following location: Pittsfield, MA,

under the rules of the American

Arbitration Association. Judgment upon

the award rendered by the arbitration

may be entered in any court with

jurisdiction to do so.

If any provision of this agreement is

void or unenforceable in whole or in

part, the remaining provisions of

this Agreement shall not be affected

thereby.

Termination

These Terms of Use agreement are

effective until terminated by either

party. You may terminate this

agreement at any time by destroying all

materials obtained from any and all

http://birdparadise.org site(s) and all

related documentation and all copies

and installations

thereof, whether made under the terms

of this agreement or otherwise. This

agreement will terminate immediately

without notice at

http://birdparadise.org sole

discretion, should you fail to comply

with any

term or provision of this agreement.

Upon termination, you must destroy all

materials obtained from this site

and any and all other

http://birdparadise.org and all copies

thereof, whether made under the

terms of this agreement or otherwise.
PRIVACY POLICY for

http://birdparadise.org
Last Updated: November 30, 2015

http://birdparadise.org strives to

offer its visitors the many advantages

of Internet

technology and to provide an

interactive and personalized

experience. We may use Personally

Identifiable

Information (your name, e-mail address,

street address, telephone number)

subject to the terms of this privacy

policy. We will never sell, barter, or

rent your email address to any

unauthorized third party. Period."

How we gather information from users

How we collect and store information

depends on the page you are visiting,

the activities in which you elect

to participate and the services

provided. For example, you may be asked

to provide information when you

register

for access to certain portions of our

site or request certain features, such

as newsletters or when you make a

purchase. You may provide information

when you participate in sweepstakes and

contests, message boards and chat

rooms, and other interactive areas of

our site. Like most Web sites,

http://birdparadise.org also

collects information automatically and

through the use of electronic tools

that may be transparent to our

visitors. For example, we may log the

name of your Internet Service Provider

or use cookie technology to

recognize you and hold information from

your visit. Among other things, the

cookie may store your user name and

password, sparing you from having to

re-enter that information each time you

visit, or may control the number of

times you encounter a particular

advertisement while visiting our site.

As we adopt additional technology, we

may also gather information through

other means. In certain cases, you can

choose not to provide us with

information, for example by setting

your browser to refuse to accept

cookies, but if you do you may be

unable to

access certain portions of the site or

may be asked to re-enter your user name

and password, and we may not be

able to customize the site’s features

according to your preferences.

What we do with the information we

collect

Like other Web publishers, we collect

information to enhance your visit and

deliver more individualized

content and advertising. We respect

your privacy and do not share your

information with anyone.

Aggregated Information (information

that does not personally identify you)

may be used in many ways. For

example, we may combine information

about your usage patterns with similar

information obtained from other users

to help enhance our site and services

(e.g., to learn which pages are visited

most or what features are most

attractive). Aggregated Information may

occasionally be shared with our

advertisers and business partners.

Again, this information does not

include any Personally Identifiable

Information about you or allow anyone

to

identify you individually.

We may use Personally Identifiable

Information collected on

http://birdparadise.org to

communicate with you about your

registration and customization

preferences; our Terms of Service and

privacy

policy; services and products offered

by http://birdparadise.org. and other

topics we think you

might find of interest.

Personally Identifiable Information

collected by http://birdparadise.org

may also be used

for other purposes, including but not

limited to site administration,

troubleshooting, processing of e-

commerce

transactions, administration of

sweepstakes and contests, and other

communications with you. Certain third

parties who provide technical support

for the operation of our site (our Web

hosting service for example) may

access such information. We will use

your information only as permitted by

law. In addition, from time to time

as we continue to develop our business,

we may sell, buy, merge or partner with

other companies or businesses.

In such transactions, user information

may be among the transferred assets. We

may also disclose your

information in response to a court

order, at other times when we believe

we are reasonably required to do so by

law, in connection with the collection

of amounts you may owe to us, and/or to

law enforcement authorities

whenever we deem it appropriate or

necessary. Please note we may not

provide you with notice prior to

disclosure

in such cases.

Affiliated sites, linked sites and

advertisements

http://birdparadise.org expects its

partners, advertisers and affiliates to

respect the

privacy of our users. Be aware,

however, that third parties, including

our partners, advertisers, affiliates

and

other content providers accessible

through our site, may have their own

privacy and data collection policies

and

practices. For example, during your

visit to our site you may link to, or

view as part of a frame on a

page, certain content that is actually

created or hosted by a third party.

Also, through

you may be introduced to, or be able to

access, information, Web sites,

features, contests

or sweepstakes offered by other

parties. http://birdparadise.org is not

responsible for the

actions or policies of such third

parties. You should check the

applicable privacy policies of those

third

parties when providing information on a

feature or page operated by a third

party.

While on our site, our advertisers,

promotional partners or other third

parties may use cookies or other

technology to attempt to identify some

of your preferences or retrieve

information about you. For example,

some

of our advertising is served by third

parties and may include cookies that

enable the advertiser to determine

whether you have seen a particular

advertisement before. Other features

available on our site may offer

services

operated by third parties and may use

cookies or other technology to gather

information.

http://birdparadise.org does not

control the use of this technology by

third parties or the

resulting information, and is not

responsible for any actions or policies

of such third parties.

You should also be aware that if you

voluntarily disclose Personally

Identifiable Information on message

boards or in chat areas, that

information can be viewed publicly and

can be collected and used by third

parties

without our knowledge and may result in

unsolicited messages from other

individuals or third parties. Such

activities are beyond the control of

http://birdparadise.org and this

policy.
Contacting Us.

We can be reached by contacting:

http://birdparadise.org

E mail: birdparadiseny@aol.com

Changes to this Policy

http://birdparadise.org reserves the

right to change this policy at any

time. Please check

this page periodically for changes.

Your continued use of our site

following the posting of changes to

these

terms will mean you accept those

changes. Information collected prior to

the time any change is posted will be

used according to the rules and laws

that applied at the time the

information was collected.

Governing law

This policy and the use of this Site

are governed by Pittsfield, MA law. If

a dispute arises under this

Policy we agree to first try to resolve

it with the help of a mutually agreed-

upon mediator in the following

location: Graphton, NY. Any costs and

fees other than attorney fees

associated with the mediation will be

shared equally by each of us.

If it proves impossible to arrive at a

mutually satisfactory solution through

mediation, we agree to submit

the dispute to binding arbitration at

the following location: Pittsfield, MA,

under the rules of the American

Arbitration Association. Judgment upon

the award rendered by the arbitration

may be entered in any court with

jurisdiction to do so.

http://birdparadise.org is controlled,

operated and administered entirely

within Grafton, NY.

This statement and the policies

outlined herein are not intended to and

do not create any contractual or

other legal rights in or on behalf of

any party.
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