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Terms of Use

I. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BIRDS OF GUJARAT which govern your use of this site *.birdsofgujarat.in and any of its sister sites. Please review these terms fully before you continue to use the site.

By using this site, you agree to be bound by the Terms of Use outlined here. You shall also be subject to any additional terms posted with respect to individual sections of the site. Also, please review our Privacy Policy, which also governs your use of the site, to understand our practices. If you do not agree, please discontinue using the site. Birds of Gujarat reserves the right to change these terms of use and privacy policy at any time without prior notice. Your continued access or use of the site after such changes indicates your acceptance of the terms as modified. It is your responsibility to review the terms regularly.

Your use and browsing of the site is at your own risk. If you are dissatisfied with any of the materials contained in the site, with the quality of service or content, or with these terms, your sole and exclusive remedy is to discontinue accessing and using the site.

II. Intellectual Property Issues

The site is owned by Birds of Gujarat. All of the content featured or displayed on the site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by Birds of Gujarat. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Use. In case of Photo Gallery where the site member has uploaded their photograph or submitted the same for publishing, the photograph remains the intellectual property of the photographer. Birds of Gujarat simply serves as a platform for hosting and publishing the photograph.

Pursuant to the copyright and trademark laws, you agree:

  1. That you may only download Content that Birds of Gujarat designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
  2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Birds of Gujarat.
  3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  4. To refrain from framing or mirroring any portion of the Site, and to link to the Site. If there are questions regarding linking our pages, please contact us.
  5. That by posting or submitting any text or other materials to the Site you grant Birds of Gujarat a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.

III. Educational Use Content

Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other web sites or computer networks, regardless of educational use.

IV. Liability

The site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

You acknowledge that due to the immediate nature of this medium, Birds of Gujarat does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. Birds of Gujarat will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.

The Site may provide, or third parties may provide, links to other sites or resources. Because Birds of Gujarat has no control over such sites and resources, you acknowledge and agree that Birds of Gujarat is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Birds of Gujarat shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

V. User Conduct

All users shall use the site for lawful purposes only. You agree not to post or transmit through the site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Birds of Gujarat to do so.

Conduct by any user that, at the discretion of Birds of Gujarat, restricts or inhibits any other user from using or enjoying the site will not be permitted. Birds of Gujarat reserves the right to refuse access to the site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these terms or any of the copyright or trademark laws.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BIRDS OF GUJARAT FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to assume full and sole responsibility for any postings you make to the site.

VI. Indemnification

You agree to indemnify, defend, and hold harmless Birds of Gujarat; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms. Birds of Gujarat reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Birds of Gujarat in asserting any available defenses.

VII. Miscellaneous

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in Ahmedabad, in the Indian State of Gujarat, pursuant to the rules of the Indian Council of Arbitration. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of Indian State of Gujarat, without regard to its conflict of law’s provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys' fees plus legal rate-of-interest, to the successful party.

These terms and any other operating rules or terms currently posted on the site constitute the entire agreement between Birds of Gujarat and the users of the site, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Birds of Gujarat may be construed as a waiver of any part of these Terms of Use. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

VIII. Specific Terms of Use for Data and Photographs

The contents of this site, including all text, data and images, are the property of Birds of Gujarat. Copyrights and other proprietary rights in the content of this site may be owned by individuals and entities other than Birds of Gujarat. Birds of Gujarat expressly prohibits the copying of any protected images or content.

All users of this site agree and warrant that they will limit their use of the site content to fair use and will not violate the proprietary rights of Birds of Gujarat or any other party.