The site has been created solely for the use of – Educational Resources and Personal Information & Entertainment.
If you are unable to agree or acknowledge these Rules, please do not use the Site. MagnoliaBirdFarms.com may revise these Terms & Conditions at any time.
Terms and Parties
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this website and its related publications and links promoting MagnoliaBirdFarms.com (the “Service”) operated by MagnoliaBirdFarms.com (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We and our subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
In the event that our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material and/or includes any such content from you in its affiliate social media accounts (“Content”), you are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. In any such case, by posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. We have the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of us or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Use Of The Site
All persons who make use of this Site may download any material for private, personal, educational, entertainment and non-commercial use as maintained by the fair use copyright clause. Persons who make use of this website for purpose of commercial use may not copy, sell, transmit, modify, use or reuse any of the contents of the Site herein without the express written consent of MagnoliaBirdFarms.com.
If you are an educator, you may distribute, modify, copy and use the Site’s contents for use in your classroom. Please retain all copyright and other proprietary notices in any downloaded or photo-copied materials.
Please do not access or use the Site in any way that could damage or impair the usage of the Site. This includes but not limited to infringing upon network resources that compose the Site or preclude another persons use of the Site.
Copyrights, And Other Proprietary Rights
Assume that everything on the Site is copyrighted.
MagnoliaBirdFarms.com makes no claims, nor is responsible that your use of the Site will not infringe upon the rights of third parties.
Any services, technology, software and products detailed within the Site may be subject to a third parties intellectual property rights (copyrights, patents, trademarks, etc).
Systematic downloading or copying of this site is expressly prohibited.
Any notice of copyright and other proprietary rights not expressly stated herein is reserved by MagnoliaBirdFarms.com.
Please note that MagnoliaBirdFarms.com undergoes regular maintenance and has made every attempt to use images, clip-art, text, webmaster tools, etc. that are of the public domain and/or explicitly and implicitly been made clear that they were “free” to use for commercial and non-commercial use.
If you find yourself the owner of copy written material within the Site and would like either removal of that copy written item or proper citation for its use, please contact the Site.
Any unauthorized use may be considered illegal.
Trademarks And Brand Names
Any trademarks, logos, brand names, etc. that are either displayed graphically or textually, may be the result of a registered or unregistered trademark of MagnoliaBirdFarms.com and/or a third party. Please note that the happenstance of an appearance by a parties trademarks, logos, brand names, etc. does not and should not imply the endorsement by MagnoliaBirdFarms.com.
When/if you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Availability, Errors and Inaccuracies
We are constantly updating information, product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, misprinted, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Contests, Sweepstakes and Promotions
Embedded Content From Other Websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California in the United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
You agree to defend, indemnify and hold harmless us and our licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
The Service and its original content (excluding Content provided by users), including all features and functionality, are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Limitation Of Liability
In no event shall we nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Links To Other Web Sites
Our Service including its affiliated social media accounts may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Partners In The Mission
We partner with other national and state organizations and groups that share in our mission, and they may from time to time provide specific services for us. When you sign up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Your Access To And Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: see what data (if any) we have stored about you in relation to our email list or other manners of signing up; change/correct any data we have about you; have us delete any data we have about you; or express any concern you have about our use of your data.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
This privacy notice discloses the privacy practices for this website and its affiliated social media accounts, and it applies solely to information collected by this website. We are letting you know: (a) what personally identifiable information is collected from you through the website, how it is used and with whom it may be shared; (b) what choices are available to you regarding the use of your data; (c) the security procedures in place to protect the misuse of your information; and, (d) how you can correct any inaccuracies in the information.
The Site collects the following information from its users-
- The originating website in which the Site was linked or rendered from.
- The originating country in which the user is from.
- Any pages requested that result in error.
- Bandwidth usage of the Site.
- The number of page views by each use during a unique viewer session.
- The time duration a unique viewer session.
- The operating system and browser type of a user.
- An IP address for a quantified number of visitors that changes daily/hourly.
- The Site also uses “Cookies” for any password information that may be relevant to your use of the Site.
- The Site does not use any Privacy rendered information for anything other than its own internal usages to upkeep the Site.
We may terminate, block or suspend your account and/or bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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Current version: August 17, 2021