If you do not agree to these Terms of Service, you may not use the Site or Service. You warrant to us that you are entering into this agreement and using the Service on behalf of yourself as an individual and not on behalf of any company or legal entity. The Service is meant for the private, personal use by individual users only. You agree that you are either 18 years of age or older, an emancipated minor 13 years of age or older, or are at least 13 years of age and possess legal parental or guardian consent and are wholly competent and able to enter into the terms, conditions, obligation, and representations set forth in these Terms of Service, and to abide by and comply fully with these Terms of Service.
Content and Usage of Content
All content on the Site and available via the Service belongs to Dirtybird, LLC or our participating content providers and licensors, and is protected by copyright, trademark, and other applicable laws. Users who access content on our Site, who listen to music previews via our Service from our creators and communities, are granted a personal, limited, revocable license to use that content strictly in accordance with these Terms of Service. You agree to use the Site and our Service (and all related content made available on the Site or Service) and, if applicable, your Birdfeed account solely for your own individual, private and non-commercial purposes and not to share your account or any content accessed via the Site or Service with any other individuals, organizations, or legal entities. You further agree not to copy, re-distribute, or publicly perform any content available on the Site or Service or download multiple versions of content for sharing with other individuals, organizations, or legal entities. Any violation of these Terms and the limited license granted hereunder, including but not limited to multiple individuals utilizing a single user account, shall be grounds for an automatic suspension or termination of a user's account without refund and without grounds for recourse.
Multiple downloads, over and above the amount a single individual would reasonably need to use, in a short period of time shall be grounds for an suspension or termination of a user's account without refund, all in our sole and absolute discretion.
No content from the Service may be reused, licensed, rented, sold, modified, copied, or distributed by User in any way, shape, or form, save for User’s own personal individual uses on the User's own personal devices. By using the Service, you acknowledge and agree that the transmission of content from the Service to you as the user does not in any way, shape, or form signify a transmission of the ownership of the inherent copyrights trademarks or other property rights in the content to you, and all ownership of the copyrights, trademarks and other property rights inherent in the content shall remain with the owners. For the purposes of clarification: you are free to view, stream, download, listen to, store, and keep personal, individual copies of the content that is distributed to you of the content, but the creative work within the content remains owned by the owners of the copyrights, whether registered or otherwise. Content on the Service is provided to the user AS IS. The above shall include, without limitation, the text, software, scripts, graphics, photos, sounds, music, musical compositions, videos, interactive features, and the trademarks that do, or may at any time in the future be contained or delivered by the Service.
We may track activity on the Site and use of the Service in order to monitor accounts for usage in violation of the Terms of Service. Certain activity such as (but not necessarily limited to): the number of downloads, the time of download, and your IP address may be collected by us to ensure that overuse of users accounts is not taking place. We reserve the right in our sole and absolute discretion to suspend or terminate a user’s account and further access to the Site and Service for any violation of these Terms of Service or other misuse of the content made available via the Site and Service.
You agree not to interfere or attempt to interfere with the proper working of the Site or Service, including but not limited to actions that impose an unreasonable or disproportionately large load on their infrastructure.
If you create a Birdfeed account or otherwise provide us with information in connection with the Site or Service, you represent and warrant to us and our Dirtybird, LLC creators, communities and other licensors that all information you provide is and will remain 100% true and accurate, and that if any such information changes you will promptly update your account accordingly. You may not impersonate anyone via your username or account. Please keep your username and password secure and do not share them with anyone, as you will be responsible for all activity transacted through your account. We assume no responsibility for site security beyond ordinary due care, and are not responsible if your account is “hacked” by outside persons or entities. Accordingly, we encourage you to use a strong password for your account.
The Site and Service (i) contain content provided by our participating content creators, communities and other licensors and (ii) may contain links to other Internet sites operated by third parties. The creators of our Dirtybird communities establish their own policies and decide what content and materials to make available, when, how often and for how long (and also when to discontinue their community or any particular content or materials). Some Dirtybird, content and materials may not be available to users in all countries due to territorial rights and restrictions; in most cases, these restrictions are set by the creator of the particular Dirtybird community. We cannot and do not evaluate, warrant, endorse or guarantee any third party content, sites, products, statements or services. Interactions and transactions between you and any third parties are strictly between you and those third parties. Consequently, we do not assume any liability or responsibility for the accuracy, actions, products, services, practices, policies, availability or content of any third parties.
Hold Harmless and Limited Liability
You agree to use the Site and Service at your own sole risk, and agree to hold us and our participating content creators, communities and other licensors and/or any of our or their respective successors and assigns harmless from any and all liability, harm, damages, costs (including attorneys’ fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your use of the Site or Service and/or any violation of these Terms of Service or of applicable law. Your agreement to these Terms of Service shall permanently and wholly bar you from any legal action of any sort towards us and the Site for the use of the Service or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.
ALL INFORMATION, CONTENT AND MATERIALS PROVIDED VIA THE SITE OR SERVICE ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITE OR SERVICE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE AND SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW.
NEITHER WE, THE SITE NOR ANY OF OUR OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, OR ANY LOSS OF PRIVATE INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. THE FOREGOING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Billing, Refunds, Cancelation, and Financial Information Dirtybird chooses its membership fee and the content and information that it wishes to share. You will be billed by us on a recurring basis for the use of the Service. Billing shall occur from the time you sign up until the point at which you or Birdfeed cancels your subscription to the Service, or during any period that your account is suspended, for any reason. Unless you notify us of your intent to cancel your subscription, your subscription to the Birdfeed community will automatically be renewed, on a monthly or annual basis (depending on the billing cycle), up until such point as you notify us of your intentions to cancel your subscription.
You will receive notification via electronic mail from us if your credit or debit card (including any permutations, that may include Gift Cards) is declined or expired for any reason. You will have twelve (12) days from the date of the first failed authorization and our subsequent notification to you to update or change your billing information before we may suspend the Service to you. Service will be suspended and not wholly cancelled indefinitely until the point at which you provide us with updated and accurate billing information.
The Site does not accept cash, check, or trade or payment in any other method other than via Visa, Mastercard, American Express or Paypal in payment for the services provided.
You agree that the billing information you have provided to us is solely yours and is not that of any other individual, organization or legal entity. Unauthorized use of another individual, organization, or legal entity's credit card information, address, billing info or any sort of impersonation of another in order to access the Service is grounds for an immediate and automatic cancellation of our service to you, and punishable up to the full extent of the law. We reserve the right to forever ban you, your IP address, your name, your email, and your address from further access to the Service for violating these Terms of Service, as we may deem appropriate in our sole and absolute discretion.
You may cancel your use of the Service at any time. However, we will not offer refunds to you under any circumstance. You may, however, contact us regarding errors with your downloads or other problems with access to applicable content and we will use our reasonable efforts to resolve these errors with you in order to provide you access to the content you have subscribed to.
You agree to be solely responsible for any sales, value-added (VAT) or use tax due to your place of domicile as required by law, and we may charge such amounts to you in addition to your subscription fee. We will not be responsible for your inadvertent lack of payment of such taxes, duties, or charges.
We collect and transfer your personal information using 256 bit encryption. However, unfortunately no system is entirely secure and we will not in any way, shape, or form be held responsible in the unlikely event that your credit card information or any other data is acquired or used inappropriately elsewhere on the Internet. If you feel you are the victim of identity theft, please contact your local authorities. If you believe that someone has unauthorizedly used your credit or debit card or incurred charges to your account, please contact us immediately. You agree not to hold us responsible for the actions of other individuals, organizations, and/or legal entities who may have inappropriately gained access to or used your personal information.
Changes To These Terms
We reserve the right to update and change these Terms of Service at any time, without prior notice, so whenever you visit the Site or use our Services we encourage you to check the "Last revised” date above to see if there have been any changes since your last visit. Any new or additional offering of content, service, or features that may enhance, improve upon, or augment the Service shall be subject to the Terms of Service. Your continued use of the Service shall constitute your full consent and agreement to the Terms of Service after any such change, and as the Terms of Service currently stand.
Copyright Claims If you believe that any content on our Site or Service infringes upon your or another’s copyright, please send us an e-mail or other written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.