1. OVERVIEW AND PROLOGUE

Birdzee provides a collection of online resources, postings, classified type ads, and various email services, including telephone number retrieval (referred to hereafter as "Our Services")which are subject to the following Terms of Use ("Terms"). By using Our Service by any means, you are agreeing to comply with these Terms. In addition, when using certain aspects of Our Services, you agree to abide by any applicable posted guidelines for all of Birdzee Our services, which will change from time to time. State and Federal laws remain applicable while you use Birdzee.

Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Birdzee in any way, your only recourse is to immediately stop using and discontinue use of Birdzee and its services. You understand that Birdzee does not accept any liability whatsoever for any harm that might result from any statements or content presented on the site. Furthermore, You hold Birdzee un liable, and harmless for any loss or damages that occur between you and Birdzee's community of users, affiliates, and staff.

2. CONTENTS AND DATA

I the user understand that all postings, listings, messages, pictures, mails, images, photos, sounds, or other materials ("Contents") posted on, transmitted through, or linked from Our Services, are the sole responsibility of the person, company, business or partnership from whom such Content originated. Information on Our Services is for my use only. I will not share the information on Our Services with non members of Birdzee. You are completely responsible for all Content that you post, email, and communicate via phone or otherwise make viewable and available through Our Service. You completely understand that Birdzee does not control, thoroughly monitor or is at all responsible for Content made available through Our Services, and that by using Our Services, you may be see, view or otherwise be exposed to some Content that could be seen as offensive, indecent, misleading, inaccurate, or otherwise in appropriate. In addition, Birdzee and its Content available through Our Service may contain links, directions to other websites, agencies, companies which are completely separate from Birdzee.com and Birdzee Inc.

Birdzee makes no representation or warranty as to the accuracy, claims, authenticity, or any of the information contained in any such site. You are linking to any other content or web URLS is at your own risk. I agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Birdzee be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Our Services. You acknowledge that Birdzee does not pre-screen or approve Content, but that Birdzee shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via Our Service, for violating the letter or spirit of the Terms or for any other reason.

3. Modifications

Birdzee reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

4. 3rd Party content

The Birdzee site and Content available through Our Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Birdzee, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through Our Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Birdzee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Birdzee is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Birdzee, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Birdzee agents for notice of claims of copyright or other intellectual property infringement (contact us:mailto:abuse@birdzee.com)

6. PRIVACY AND INFORMATION DISCLOSURE

Your use of the Birdzee website or Our Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Birdzee may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Birdzee, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

1. that harassing, degrading, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
2. that impersonates any person or entity, including, but not limited to, a Birdzee employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to message that are lawful non-deceptive parodies of public figures.);
3. that includes personal or identifying information about another person without that person's explicit consent;
4. that is false, deceptive, misleading, deceitful, or that is unlawful, harmful, threatening, abusive, harassing, defamatory,libelous, invasive of another's privacy, or is harmful to minors in any way constitutes "bait and switch";
5. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
6. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
7. that constitutes or contains any form of advertising or solicitation if: posted in areas of the Birdzee sites which are not designated for such purposes; or emailed to Birdzee users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
8. that includes links to commercial services or web sites, except as allowed in " Our services";
9. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
10. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to Our Services, or that otherwise negatively affects other users' ability to use Our Services; or
12. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Our Services.

Additionally, you agree not to:

13. contact anyone who has asked not to be contacted;
14. "stalk" or otherwise harass anyone;
15. collect personal data about other users for commercial or unlawful purposes;
16. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Our Services — unless expressly permitted by Birdzee;
17. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
18. post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
19. attempt to gain unauthorized access to Birdzees computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Our Services or the Birdzee website; or
20. use any form of automated device or computer program that enables the submission of postings on Birdzee without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

8. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Birdzees email addresses or through Birdzee's computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Birdzees computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

9. LIMITATIONS ON SERVICE

You acknowledge that Birdzee may establish limits concerning use of Our Service, including the maximum number of days that Content will be retained by Our Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by Our Service, and the frequency with which you may access Our Services. You agree that Birdzee has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Our Services. You acknowledge that Birdzee reserves the right at any time to modify or discontinue Our Services (or any part thereof) with or without notice, and that Birdzee shall not be liable to you or to any third party for any modification, suspension or discontinuance of Our Services.

10. ACCESSING OUR SERVICES

Birdzee grants you a limited, revocable, nonexclusive license to access Our Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of Our Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Birdzee. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to Our Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

11. TERMINATION OF SERVICE

You agree that Birdzee, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Our Services (or any part thereof), immediately and without notice, and remove and discard any Content within Our Services, for any reason, including, without limitation, if Birdzee believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Birdzee shall not be liable to you or any third-party for any termination of your access to Our Services. Further, you agree not to attempt to use Our Services after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

12. PROPRIETARY RIGHTS

Our Services is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through Our Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Birdzee. You further agree not to reproduce, duplicate or copy Content from Our Services without the express written consent of Birdzee, and agree to abide by any and all copyright notices displayed on Our Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Our Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Our Services. Birdzee inc. is a registered mark in the U.S. Patent and Trademark Office.

Although Birdzee does not claim ownership of content that its users post, by posting Content to any public area of Our Services, you automatically grant, and you represent and warrant that you have the right to grant, to Birdzee an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Our Services you automatically grant Birdzee the rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Our Services by any party for any purpose.

13. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE BIRDZEE SITE AND OUR SERVICE IS ENTIRELY AT YOUR OWN RISK. THE BIRDZEE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRDZEE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BIRDZEE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRDZEE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BIRDZEE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BIRDZEE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BIRDZEE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BIRDZEE SITE OR OUR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BIRDZEE BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BIRDZEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE BIRDZEE SITE OR OUR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE BIRDZEE SITE OR THE SERVICE, FROM INABILITY TO USE THE BIRDZEE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE BIRDZEE SITE OR OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BIRDZEE SITE OR THE SERVICE OR ANY LINKS ON THE BIRDZEE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE BIRDZEE SITE OR THE SERVICE OR ANY LINKS ON THE BIRDZEE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

15. INDEMNITY

You agree to indemnify and hold Birdzee, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through Our Services, your use of Our Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

16. GENERAL INFORMATION

The Terms constitute the entire agreement between you and Birdzee and govern your use of Our Services, superseding any prior agreements between you and Birdzee. The Terms and the relationship between you and Birdzee shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Birdzee agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Birdzee to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Our Services or the Terms must be filed within one (2) year after such claim or cause of action arose or be forever barred.

17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to: abuse@birdzee.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Birdzee to pursue legal action to enforce these Terms, you will be liable to pay Birdzee the following amounts as liquidated damages, which you accept as reasonable estimates of Birdzee' damages for the specified breaches of these Terms:

1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Birdzee one thousand dollars ($1000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
2. If Birdzee notifies you in writing, to the email address you supplied upon signup, informing you that it has established limits on the frequency with which you may access Our Services, or terminates your access to or use of Our Services, you agree to pay Birdzee one hundred dollars ($150) for each message posted in excess of such limits or for each day on which you access Birdzee in excess of such limits, whichever is higher.
3. If you send unsolicited email advertisements to Birdzee email addresses or through Birdzee computer systems, you agree to pay Birdzee twenty five dollars ($25) for each such email.
4. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Birdzee one hundred dollars ($100) for each such message. In its sole discretion, Birdzee may elect to issue a warning before assessing damages.
5. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Birdzees express written permission, you agree to pay Birdzee three thousand dollars ($3,000) for each day on which you engage in such conduct.
6. Otherwise, you agree to pay Birdzee actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Birdzee retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.