Terms of Use

Written by Administrator. Posted in General Information Pages

Welcome to the AvianEnrichment.com web site for pet bird lovers of all ages.  By visiting AvianEnrichment.com, you accept 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. 

COPYRIGHT NOTICE 

The AvianEnrichment.com site contains content protected by copyright law, including but not limited to articles, graphics, logos, images and digital downloads.  The copyrights of the articles, images, sounds and other materials on this Site are owned by either by AvianEnrichment.com or by the individual authors and photographers who have authorized their use on this website.   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.  

Permission to reprint information (for non-profit use only) must be obtained by contacting AvianEnrichment.com in writing. Consent to use or reprint an article does not provide authority to use any photographs, artwork or graphics contained within that article. Additional permission must be obtained for any reproduction of photographs, artwork or graphics from this site.  For more details please reference Reprint Requests. 

PRIVACY

Please review our Privacy Policy to understand our practices. 

ELECTRONIC COMMUNICATIONS

When you visit our website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

WARRANTY RESTRICTION; LIMITATION OF LIABILITY

THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS 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 EMPLOYMENT 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.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE AVIANENRICHMENT.COM SITE IS AT YOUR SOLE RISK.

NEITHER AVIANENRICHMENT.COM NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY INDEIRECT, 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 HTE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF AVIANENRICHMENT.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 AVIANENRICHMENT.COM AND ITS AFFILIATES AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT TO THIS AGREEMENT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

DISCLAIMER NOTICE

Avian Enrichment.com attempts to ensure that the information contained on this Website is current and accurate; however, AvianEnrichment.com and the authors accept no responsibility for actions resulting from any information contained herein. It is recommended that any information be further checked and endorsed by a qualified avian veterinarian before usage.

USER POSTED ARTICLE COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Registered visitors may post reviews, comments, and other content. Neither AvianEnrichment.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 AvianEnrichment.com and its affiliates and parties with whom AvianEnrichment.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.

AvianEnrichment.com requires that visitors register to be eligible to post comments. By registering you agree that AvianEnrichment.com does not have any obligation to:

  • review user comments
  • guarantee the accuracy or quality of user comments
  • assure that user comments do not contain any objectionable, offensive, defamatory or unlawful content

Although AvianEnrichment.com has no obligation or responsibility to prescreen user generated comments it retains the rights to edit or remove any content for any reason.

Comments must meet the following criteria to be deemed acceptable:

  • Relevant to the topic - No spamming allowed
  • Constructive - The purpose of this site is to educate bird owners.  Please only make comments or ask questions that will support that endeavor.
  • Courteous - No flaming or personal attacks will be tolerated.  Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.
  • Accurate and Legal - Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.

Comments made on the AvianEnrichment.com site are not confidential or proprietary.  Users guarantee that their comments do not violate the copyrights of any third party.  By posting you grant AvianEnrichment.com non-exclusive, non-revocable, perpetual rights to use your content in any manner without any compensation due to you. 

COPYRIGHT COMPLAINTS

AvianEnrichment.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

GOVERNING 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 AvianEnrichment.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.  

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site,policies, and these Conditions at any time. If any of these Conditions shall be deemed invalid, void, or for any reason unenforceable, that Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Condition.  Your continued use of AvianEnrichment.com after any modification shall be deemed to be your acceptance of any modified Terms of Use. If any future change is unacceptable to you, you should discontinue using the AvianEnrichment.com website.

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