Terms of Service - Feather Headz Aviary

Terms of Service:

AGREEMENT TO OUR LEGAL TERMS

We are Feather Headz Aviary, LLC, a company registered in Florida, United States.

We operate the website featherheadz.com, the mobile application Wix Studio, as well as any other related products and services that refer or link to these legal terms.

You can contact us at email sales@featherheadz.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity and Feather Headz Aviary, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOUR EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and condition or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or county. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industy-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.) so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in any way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owners or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text photographs and graphics in the Services (collectively, the “Content”) , as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property right and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copies, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: sales@featherheadz.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content and Marks.

Any breach of these intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the right you give us and obligation you have when you post or upload any content through the Services.

Submissions:

TERMS AND CONDITIONS

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with these Legal Terms.
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Services for any illegal or unauthorized purpose.
Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or content to create a collection, compilation, database, or directory without written permission.
Trick, defraud, or mislead us or other users.
Circumvent or interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm us or the Services.
Harass, abuse, or harm another person.
Submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing or linking to the Services.
Upload or transmit viruses, malware, or other harmful material.
Use automated systems such as bots, scrapers, or data-mining tools.
Delete copyright or proprietary rights notices from any content.
Impersonate another user or person.
Upload spyware, tracking pixels, or similar mechanisms.
Interfere with or create undue burden on the Services.
Harass or threaten employees or agents.
Attempt to bypass measures designed to restrict access.
Copy, adapt, decompile, reverse engineer, or otherwise attempt to extract source code.
Use the Services for competing commercial enterprises.
Use the Services to advertise or offer goods or services.

6. USER GENERATED CONTRIBUTIONS

The Services may allow you to submit or post content including text, images, videos, audio, graphics, comments, or other material (“Contributions”). Contributions may be publicly viewable and treated as non-confidential and non-proprietary.

By posting Contributions, you represent and warrant that:

You own or have rights to the content.
Your content does not infringe intellectual property rights.
You have consent from any identifiable individuals.
Your content is not false or misleading.
Your content is not unsolicited advertising or spam.
Your content is not obscene, violent, harassing, defamatory, or hateful.
Your content does not violate any law or regulation.

Any violation may result in termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

By posting Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, publish, distribute, display, translate, and create derivative works of your Contributions for any purpose.

You retain ownership of your Contributions, but you agree that we are not liable for statements or representations made in your Contributions.

We reserve the right to edit, remove, or re-categorize Contributions at our discretion.

8. GUIDELINES FOR REVIEWS

When leaving reviews or ratings, you must:

Have firsthand experience.
Avoid offensive, abusive, racist, or hateful language.
Avoid discriminatory references.
Avoid illegal activity references.
Not post negative reviews if affiliated with competitors.
Not make legal conclusions.
Not post false or misleading statements.
Not organize campaigns encouraging others to post reviews.

We may accept, reject, or remove reviews at our sole discretion.

9. MOBILE APPLICATION LICENSE

Use License

We grant you a limited, non-transferable license to use the App on devices you own or control. You may not reverse engineer, modify, or misuse the App for commercial purposes.

Apple and Android Devices

Additional terms apply when accessing the App via Apple or Google platforms. App distributors are third-party beneficiaries of these terms.

10. SERVICES MANAGEMENT

We reserve the right to:

Monitor the Services for violations.
Take legal action against violators.
Restrict or disable access to content.
Remove excessive or burdensome content.
Manage the Services to protect our rights and ensure proper operation.

11. PRIVACY POLICY

By using the Services, you agree to be bound by our Privacy Policy.
The Services are hosted in the United States, and by using them you consent to the transfer and processing of your data in the U.S.

12. COPYRIGHT INFRINGEMENTS

If you believe content infringes your copyright, notify us using the contact information provided. False claims may result in liability.

13. TERM AND TERMINATION

We may terminate or suspend your account at any time, without notice, for any reason.
You may not register a new account after termination.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or discontinue the Services at any time without notice.
We are not liable for downtime, interruptions, or loss caused by service changes.

15. GOVERNING LAW

These Legal Terms are governed by the laws of the State of Florida.

16. DISPUTE RESOLUTION

Informal Negotiations

The Parties agree to attempt informal resolution for 30 days prior to arbitration.

Binding Arbitration

Disputes will be resolved by binding arbitration under the American Arbitration Association (AAA) rules in Florida.

17. CORRECTIONS

We reserve the right to correct errors or inaccuracies at any time without notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.”
WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

19. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.