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Terms of Use

Last Modified on October 10, 2019

Important: Please read these Terms of Use carefully before continuing to use this mobile software application. 

Section 21 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us. 

Please read it carefully.

This Terms of Use (the “Agreement”) applies to the Birds of My Feather mobile app “Mama Birds,” and the Birds of My Feather website located at www.mamabirds.app (the “Service”), provided by Birds Of My Feather, Inc. (“Birds of My Feather” or “We” or “Us”).

1. Acceptance of Terms

By continuing to use the Service, you agree as follows:

  1. 1.1 You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  2. 1.2 You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Birds of My Feather from time to time; and
  3. 1.3 You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement. If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.

2. Our License to You

Birds of My Feather grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).

3. Messages from Birds of My Feather

You understand that you may receive Service-related and business-related communications from us and other users you’ve connected with through the Service or through email or text messages, such as messages, updates, product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them. Email messages will be accompanied by instructions for opting out. You may modify the of messages and notifications that you receive in your notification settings within the Service.

4. Your Account

  1. 4.1 Account Creation. You need to register for an Account to use the Service. You may only create an Account if you are at least 18 years old. If you are at least 18 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service.
    You may create an Account for free by signing up through a registration form on the Service or connecting a social media account to the Service, if available. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify us immediately of any breach of security or unauthorized use of your Account.
  2. 4.2 Accurate Information. When creating your Account, you promise to provide a valid email address and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
  3. 4.3 Suspension of Accounts. Birds of My Feather may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
  4. 4.4 Your Username. Birds of My Feather may force you to change any of your screen names if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Birds of My Feather deems it unacceptable by community standards. You additionally agree that any screen names:
    • will not be vulgar or insulting;
    • will not have sexual or pornographic connotations;
    • will not resemble or imitate a registered trademark or other term protected by intellectual property laws;
    • will not to promote a commercial service; and
    • will not to be spelled or spelled alternatively for the purpose of circumventing the rules imposed above.
  5. 4.5 No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Birds of My Feather owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.

5. Your License to Us; Your Conduct

  1. 5.1. Your Content. Any communications or material of any kind that you email, post, or otherwise transmit to Birds of My Feather or the public on or using the Service, including photographs, chat, emails, comments, voice recordings, data, questions, comments, or suggestions are known as your “Content.”

    Any communications or material of any kind that other users of the Service email, post, or otherwise transmit to us or the public on or using the Service, including photographs, chat, emails, comments, voice recordings, data, questions, comments, or suggestions are known as other users’ content “Content.”

    We do not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Birds of My Feather permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or noncommercial basis anywhere in the world. You may modify how aspects of your Content are displayed, including making things private, public, or only viewable by certain other users, by
    changing your privacy settings within the Service.

  2. 5.2. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
    • 5.2.1. is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
    • 5.2.2. is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
    • 5.2.3. constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
    • 5.2.4. is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
    • 5.2.5. encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
    • 5.2.6. restricts, inhibits, or discourages any other user from using the Service;
    • 5.2.7. hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
    • 5.2.8. violates any local, state, federal or international laws or gives rise to civil liability;
    • 5.2.9. violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
    • 5.2.10. imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
    • 5.2.11. is a “chain letter,” or constitutes “junk mail”;
    • 5.2.12. specifies or claims that that you are affiliated with Birds of My Feather when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Birds of My Feather;
    • 5.2.13. requests login information from other users;
    • 5.2.14. “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
    • 5.2.15. uses or possesses programs to “crack” the Service or other Internet security tools;
    • 5.2.16. contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service;
    • 5.2.17. contains sexually explicit content, including, but not limited to, nude or semi-nude photographs; or
    • 5.2.18. anything else that Birds of My Feather, in its sole determination, deems offensive or harmful to the Service or to our integrity or business.
  3. 5.3. Other Users’ Content. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand
    and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Birds of My Feather and, to the extent permitted by
    applicable law, agree to indemnify and hold harmless Birds of My Feather, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Virtual Items 

Certain virtual goods, currency, and content (collectively, “Virtual Goods”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Birds of My Feather to purchase at the prices and on the terms set forth on the Service. 

You agree that you have no right or title in or to any Virtual Goods. Birds of My Feather does not recognize any purported transfers of Virtual Goods outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. Virtual Items that may be originally acquired by “farming” are subject to confiscation by Birds of My Feather. You may not sell Virtual Goods for “real” money, or exchange those Virtual Goods for value outside of the Service. To be clear, Virtual Goods have no real-world value and are licensed, not owned. 

Under no circumstances will refunds be given for Virtual Goods, except where required by law. All sales of Virtual Goods are final when the transaction has been processed.

7. Subscription Fee 

In exchange for license to access and use the Service, you agree to pay a monthly subscription fee through an in-app purchase or through any other payment processor that Birds of My Feather designates. The monthly fee you will be charged will be communicated to you at the time of purchase within the Service. Cancelation of your subscription to the Service or failure to pay the fee will result in termination of your access to the Service. Birds of My Feather reserves the right to modify the fee amount upon providing 30 days’ notice. 

Under no circumstances will refunds be given for subscription fees, except where required by law. All subscriptions are final when the transaction has been processed. 

8. Support Services 

We may, in our sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). However, you agree that Birds of My Feather is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default by us under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Birds of My Feather will be and remain our sole property and will be subject to the terms and conditions of this Agreement. 

Birds of My Feather customer support may be reached by contacting us at contact@birdsofomyfeather.com. You agree that you will look solely to us in connection with Support Services. 

9. Modification, Termination, and Monitoring of the Service 

Birds of My Feather reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. 

Birds of My Feather reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.

10. Third Party Platforms and Services 

The Service may require or incorporate the use of third-party owned or operated platforms and services, such as social media platforms and app stores. By using the Service, you agree to abide by any applicable terms set forth by those third parties. You also agree that Birds of My Feather is not liable for any action taken by or caused by any such third parties. 

11. Security of Data Transmission and Storage 

You acknowledge and agree that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Birds of My Feather or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties. 

You acknowledge and agree that Birds of My Feather and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications. 

12. Linked Services 

The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). We do not control the Linked Services, and Birds of My Feather and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that we have provided a link, or an advertisement that links, to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Birds of My Feather cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Birds of My Feather or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services

13. Trademarks and Copyrights 

The Service is owned by Birds of My Feather and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Birds of My Feather. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without our written permission or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited. 

Intellectual property displayed through the Service is either the property of, or used with permission by, Birds of My Feather. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. 

14. Copyright Complaints

If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
  • Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent may be reached at the following physical or email address:
Copyright Agent
Birds Of My Feather, Inc.
601 Flamevine Lane
Vero Beach, FL 32963
Or by email at: contact@birdsofmyfeather.com

15. Disclaimer of Warranties

Your use of the Service is entirely at your own risk. 

The Service is provided by Birds of My Feather on an as-is basis. Birds of My Feather expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

Birds of My Feather makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable. 

No advice or information, whether oral or written, obtained by you from Birds of My Feather, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

16. Limitation of Liability

You expressly understand and agree that Birds of My Feather is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Birds of My Feather and its affiliates will be limited to the fullest extent permitted by law.

17. Indemnification

You agree to indemnify and hold Birds of My Feather and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Birds of My Feather or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.

18. Your Personal Information

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at www.mamabirds.app/privacy. You agree that your use of the Service is subject to the Privacy Policy.

19. Disclosures Required by Law

We reserve the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user believed to be in violation of this Agreement. By accepting this Agreement, you waive all rights and agree to hold Birds of My Feather harmless from any claims resulting from any action taken by Birds of My Feather during or as a result of its investigations or from any actions taken as a consequence of investigations by either Birds of My Feather or law enforcement authorities.

20. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with us, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Florida. This is the case regardless of whether you reside or transact business with us, or any of its affiliates or agents, in the State of Florida or elsewhere. Unless a dispute would be governed by the terms of Section 21 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of {what’s the closest major city for you?}, Florida, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with us by sending a message via email to contact@birdsofomyfeather.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

21. Binding Arbitration

  1. 21.1. Arbitration Procedures. Unless you live in the EU, you and Birds of My Feather agree that, except as provided in Section 21.4 below, all disputes, controversies, and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) with a single arbitrator and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
  2. Except as otherwise set forth in Section 21.4 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Birds of My Feather will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Birds of My Feather may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
  3. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND BIRDS OF MY FEATHER WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  4. 21.2. Location. The arbitration will be conducted in the city of {What’s the closest major city?}, Florida, USA, unless the parties agree to video, phone, or internet connection appearances.
  5. 21.3. Limitations. You and Birds of My Feather agree that any arbitration will be limited to the Claim between Birds of My Feather and you individually.
  6. YOU AND BIRDS OF MY FEATHER AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
  7. 21.4. Exceptions to Arbitration. You and Birds of My Feather agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Birds of My Feather’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
  8. 21.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be apportioned pursuant to the JAMS Rules.
  9. 21.6. Severability. You and Birds of My Feather agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 21.4), that portion will be severed and the remainder of the Section shall be given full force and effect. If Section 21.4 is found to be illegal or unenforceable, then neither you nor Birds of My Feather will elect to arbitrate any Claim falling within that portion of Section 21.4 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the city of {What’s the closest major city?}, Florida, USA, and you and Birds of My Feather agree to submit to the personal jurisdiction of that court.

22. Miscellaneous Terms

  1. 22.1. Agreement Revisions. This Agreement may only be revised in writing by us, or by our publication of a new version on the Service. If you don’t agree to any revised version of this Agreement, you must stop using the Service.
  2. 22.2. Force Majeure. Birds of My Feather is not liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Birds of My Feather’s
    control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
  3. 22.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.
    22.4. Assignment. We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you will be null and void.
  4. 22.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
  5. 22.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
  6. 22.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
  7. 22.8. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedieswith respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
  8. 22.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Birds of My Feather with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Birds of My Feather with respect to the Service.

I hereby acknowledge that I have read and understand the foregoing Terms of Use Agreement and agree that my use of the Service is an acknowledgment of my agreement to be bound by the terms and conditions of this Terms of Use Agreement