Terms & Condition
1. Introduction
Welcome to Birds & Beez. You’ve reached a domain, website, subdomain, portal (collectively, the “Site”) or mobile application (“App”) owned and operated by Good Old Fashioned Corporation dba Birds & Beez (“Birds & Beez,” “we,” “our,” or “us”). When we say “User,” “you” or “yours,” we mean the person accessing or viewing our Site or App or participating in or using any service offered on the Site or App (collectively, the “Services”). By using the Site, App or the Services, you agree to these Terms of Service (“Terms of Service” or “Terms”).
Please read these Terms of Service carefully. They constitute our legal agreement with you. Please note that we’ve included an arbitration provision and a waiver of class action and jury trial below because we are a start-up company, and we don’t have the resources to spend all our time in court when we should be building you the platform you want.
These Terms lay out our respective rights and obligations - because we have rights we need to enforce, and because you can decide not to use our Site, App or Services if you don’t agree to our Terms.
All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site, App, or the Services. If you use or access any of the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. Our Services are not intended for those under the age of 18 – if you access our Services, you represent and warrant that you are at least 18 years of age.
From time to time, we may decide to modify, add, or delete portions of these Terms and will post those changes here. If we do so, your continued use of the Site, App or the Services after those changes have been made means you agree to the changes. The amended Terms will automatically become effective when they are posted on this Site or App. In addition, we reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided.
Thank you for checking us out!
2. Privacy Policy
At Birds & Beez, we are committed to providing the best possible user experience for our Users. Please review our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Site, App or the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms and forms a part of our agreement.
You understand that through your use of our Site, App or the Services, you consent to the collection and use of this information. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.
Since we are new, we currently don’t meet the thresholds to fall under some of the privacy laws out there. But we are committed to your privacy, and you can always write to us if you have concerns.
3. Account Creation; Risk of Loss
If you wish to use our Services, we require you to create a User account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update your information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site or App at any time and for any or no reason. Birds & Beez will not be liable to you or any third party if we revoke your access to the Site or App. If your status as a User of this Site or App is terminated, you must stop using the Site or App and any information obtained from the Site or App.
4. Use of Account; Prohibited Actions
Birds & Beez reserves the right to refuse service, cancel your account or access, or remove or edit content, in its sole discretion. You agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site, App and the Services. You also represent that you are using your account for a lawful purpose – you may not use your account or the Site, App or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to either civil or criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.
You agree not to access the Site by any means other than through a commercially available web browser or the App. You are not permitted to upload material onto the Site or App that you should know or do know infringes on the intellectual property rights of others, or violates any applicable law, and you may not upload material that places unnecessary load so as to affect the performance of the Site or App, or Birds & Beez systems and equipment. You may not use the Site, App or the Services in a manner that could block access to, impair, damage or otherwise disable Birds & Beez or any of our servers. You may not attempt to gain unauthorized access to the Site, App or to any other User’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. All materials uploaded are subject to applicable federal, state, and international laws.
5. Billing and Refund Policy
The following is a summary of how Birds and Beez charges and credits Users in the App.
Users are charged a one-time fee per session, after all free sessions have been used.
Each session is considered “active” until we match two groups together, at which point the session is considered “in play” and the session fee can no longer be returned. If one or both groups decide to disengage from the other group that they have entered “in play” with, either group has the option to end the session. The App will allow either group to start a new search once disengaged. To conduct a new search of relevant match options, an additional charge will apply.
We have a default 12-hour timer that ends the session for a User in case you did not disengage in the App or match with someone during that time. In other words, if you request sessions to meet others and no one accepts your invitations and/or you did not accept theirs, the session is over.
Once session fees are paid and a session is initiated, we do not offer refunds or an option to cancel the session, as matching is already taking place. If your session is interrupted for any technical reason that is the fault of Birds & Beezs, we will credit you with a free session.
All sales and purchases are final. No refunds or credits will be issued for any reason except as set forth elsewhere in this Agreement. You will not be entitled to refunds or credits because of a shortening of the Services for any reason, including but not limited to: meeting a partner or group through the Services, meeting a partner or group outside of the Services, dissatisfaction with the Services, deactivating your account, or taking a “pause” or “break” from the Services of Birds & Beez. Because Birds & Beez is a start-up, we immediately dedicate your session fees and payments to providing quality service to our current Users and cannot provide you with a refund if you change your mind after paying a fee.
6. Interactions With Other Users
You are solely responsible for your interactions, online or in person, with other Users in the App. By using the Services of Birds & Beez, you understand and agree that Birds & Beez does not in any way screen the Users of any online dating sites. Birds & Beez makes no representations or warranties as to the conduct of any User it has identified or will identify to you. In no event shall Birds & Beez be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet through the Services offered by Birds & Beez.
7. Proprietary Rights
You can share our posts for your personal use, but you must preserve the fact that they come from Birds & Beez by providing a link, tag or hashtag to our Site or App.
Our Site and App contain content that we created, so you can’t pass off our photos, videos, layouts, or other content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (our “Content”) as your own. You acknowledge that the Site and App contain such Content, and that the rights mentioned above are valid and protected in all forms, media, and technologies existing now and developed later. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site or App, Birds & Beez or its licensors own all Content on this Site or App including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. Your use of this Site or App shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. That means you may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You can print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the Licensor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from the Site or App. The use of Content from the Site or App on any other site or app, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Birds & Beez’s prior written approval.
For permission to use Content from the Site or App or from marketing material authored and distributed by Birds & Beez for non-personal use, you must request written permission in advance and provide full attribution. Permission should be requested by contacting us at the email address in the section below.
8. User Content
Be careful with what you share online. You should know that the transmission of confidential, sensitive, privileged and/or financial information via email, direct message, or via webforms is not secure. Unless specifically requested, Birds & Beez does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact forms or messaging options made available on the Site). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, videos, graphics, recordings, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us (“User Content”). Accordingly, if you upload or send Birds & Beez any User Content (including by hashtagging or tagging us on third party sites, such as social media sites), you grant Birds & Beez a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) any such User Content in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any User Content, when you post comments or reviews to the Site, you also grant us the right to use the name or username that you submit with any review, photo, video, comment, or other content, in connection with such review, comment or other content. If you send Birds & Beez any User Content, you also warrant that the User Content is not confidential or secret and that the User Content is owned entirely by you and that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Birds & Beez to use the User Content as permitted by the license in this Section.
You agree not to provide User Content that:
· Infringes on the copyright, trademark, patent, or other intellectual property rights of any third party;
· Is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually explicit;
· Violates a third party’s right to privacy or publicity;
· Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
· Contains epithets or other language or material intended to intimidate or incite violence;
· Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
· Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
· Violates any applicable local, state, national, or international law, or advocates illegal activity.
· EULA Terms — We do not tolerate any objectionable content or abusive users and users will be blocked from the application.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content, including reviews, comments or other content. We are not obligated to use your User Content, and we do not guarantee any confidentiality with respect to any User Content. We may, but shall not be obligated to, remove or edit any User Content (including comments or reviews) for any reason. The obligations that you have to us under these Terms shall survive termination of the Site, App or Services, any use by you of the Site, App or Services, as well as any User Content uploaded or sent through the Site or App, or the termination of these Terms.
9. Security
Violating the security of the Site, App or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. We reserve the right to suspend or terminate your access to the Site, App or the Services for any or no reason at any time without notice. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site, App or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
10. Third Party Websites
The Site or App may contain links to third party websites that take you outside of the Birds & Beez Site and the Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of service and a different privacy policy. You should be sure that you read and agree to those policies.
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site or App, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
11. Indemnification
You agree to defend, indemnify, and hold harmless Birds & Beez, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site, App or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Site or App.
12. Disclaimers
BIRDS & BEEZ MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR MOBILE APPLICATION. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE OR MOBILE APPLICATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE OR MOBILE APPLICATION AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. BIRDS & BEEZ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR MOBILE APPLICATION OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
13. Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL BIRDS & BEEZ (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE USE OR INABILITY TO USE THE WEBSITE, APP SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF BIRDS & BEEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BIRDS & BEEZ’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE MOBILE APPLICATION OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR MOBILE APPLICATION MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW FOR THE LIMITATION OF LIABILITIES AS SET FORTH ABOVE, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BIRDS & BEEZ STILL RESERVES ITS RIGHTS TO THE FULLEST EXTENT OF THE LAW.
14. Release
If you have a dispute with one or more users of the Site, App or the Services, you release Birds & Beez (and its officers, directors, affiliates, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
15. Claims of Infringement
Birds & Beez respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Birds & Beez will respond expeditiously to notices of alleged copyright infringement that are duly reported to the email address identified below. Birds & Beez will disable and/or remove access to the Site or App for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Birds & Beez with the following information:
DMCA Notice of Alleged Infringement (“Notice”)
• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to Birds & Beez at:
While Birds & Beez considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
16. Termination
Birds & Beez reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the Site, App or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Service by discontinuing your use of the Services and access to the Site or App. Birds & Beez also reserves the right, in its sole discretion, to cease providing the Services and this Site or App at any time.
17. Severability
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
18. Dispute Resolution; Notice of Arbitration Provision and Waiver of Jury Trial and Class Action; Injunctive Relief
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
With respect to any and all disputes relating to or arising out of or in connection with the Site, App Services, Terms of Service, or the Privacy Policy, including disputes regarding the validity of this arbitration clause, Birds & Beez and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You can write us at support@birdsnbeez.com with your issue. If you and we do not resolve any dispute by informal negotiation within 60 days, any other effort to resolve the dispute shall be settled by confidential binding arbitration on an individual plaintiff basis before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Washington, DC. The arbitration shall be governed by the laws of the State of Maryland. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, but the prevailing party can recover its costs and reasonable attorneys’ fees in connection with the arbitration. This agreement to mediate and/or arbitrate is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims and the right to a jury trial to the fullest extent permitted by law. You understand that you are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. Neither you nor Birds & Beez will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You should carefully consider this and other provisions of these Terms and Privacy Policy and you have the right to consult legal counsel regarding this provision.
You agree that Birds & Beez is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of these Terms (e.g., intellectual property claims) pending a final arbitral decision. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year from when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal and/or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
19. General
These Terms of Service will be governed by the laws of the State of Maryland, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Service will be in the state and federal courts of Howard County, Maryland. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Birds & Beez may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Service. Nothing in this Agreement constitutes a partnership or joint venture between you and Birds & Beez. Birds & Beez does not guarantee continuous, uninterrupted or secure access to the Site, App or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Birds & Beez’s 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. These Terms of Service set forth the entire understanding and agreement between you and Birds & Beez and supersede anything not in writing and signed by both parties. Any provision of these Terms that was, by its nature, intended to survive any termination or expiration of these Terms shall so survive.
20. Contact Us
If you have questions about these Terms or the Services, you may contact us at support@birdsnbeez.com.
We hope you enjoy your experience with us at Birds & Beez.