Seabird Apps Terms of Service

Updated: April 2, 2018

 

These Terms of Service ("Terms") constitute a contract between you and Seabird Apps LLC ("Seabird"), governing your use of Seabird's website, mobile apps, and content (collectively, "Services"). Please read these Terms carefully before accessing or using any of Seabird's Services.

 

Acceptance of Terms

By using any app or other service from Seabird Apps, you agree to these Terms. If you do not agree to all of these terms, you cannot use the Services of Seabird Apps. If you do not also read and agree to our Privacy Policy, you cannot use the Services of Seabird Apps. Seabird's acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms. If these terms and conditions are considered an offer by Seabird, acceptance is expressly limited to these terms.

 

Modifications of Terms

We can change these Terms at any time. We keep a record of all changes to our terms on GitHub. If changes are material, we will notify you before they take effect. By using any of Seabird's Services after that effective date, you agree to the new Terms. If you don't agree to them, you should delete your account and remove all of Seabird's Services from all of your devices before that effective date, otherwise your use of the Services will be subject to the new Terms.

 

Usage Rights

Seabird Apps retains all rights to the intellectual property of its website and all its apps, including all content therein. This includes, and is not limited to, trademarks, the user experience, and the color combinations, layout, and other visual elements of any of Seabird's software. You should assume that everything you read or see is either copyrighted or protected and owned by Seabird, one of its affiliates, or a third party who licensed the right to use such content. Unless otherwise noted, no content may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Seabird, except as provided in these Terms, unless otherwise permitted by law. 

 

Use of Software

You are permitted to use any Seabird software for non-commercial purposes. Seabird solely retains all rights, title, and interest in and to its software. 

 

Indemnity

You will hold harmless Seabird and its affiliates, and customers from any liability, damage, or cost brought by any claim or demand made by any third party due to or arising out of your access to or use of Seabird's website or any of its apps, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

 

Disclaimers

We try to ensure that all information included on and posted on the Seabird website and in its apps is accurate and current. Nonetheless, Seabird makes no guarantee or warranty as to the reliability, accuracy, timeliness, or completeness of that information. Seabird assumes no responsibility for any errors or omissions therein. Furthermore, many of the links found within Seabird's apps contain the website and other intellectual property of its affiliates. Seabird makes no promises as to the reliability of any information held therein. The user should carefully read the terms and privacy policy of any such linked third party before using their website or other services. The user accesses Seabird's website and apps at his or her own risk. All content is provided on an "as is, as available" basis without warranty of any kind. Neither Seabird nor its owners, affiliates, employees, or third party content providers shall be liable for any loss resulting from use or unavailability of information or content on this site or in any of Seabird's apps.

 

Linking and Framing

Seabird allows links on third-party sites to the homepage of Seabird's website or apps. However, directly mirroring this content on a third-party site is prohibited. Seabird's website and apps will provide links to other sites or resources available on the Internet. Seabird often has no control over such sites and resources. You acknowledge and agree that Seabird is not responsible for the availability of such external sites or resources. 

 

Trademarks

Seabird's company name, graphics, logos, designs, and other content are the trademarks and trade names of Seabird Apps. Seabird's trademarks and trade names may not be used in connection with any product or service in any manner that is likely to cause confusion. 

 

Electronic Communications

We value your privacy. Nonetheless, no form of electronic communication over the Internet is entirely secure, and we cannot always guarantee the confidentiality or security of any such transmission. You transmit information at your own risk. Please refer to our Privacy Policy for more details.

 

Miscellaneous

These Terms, including any document incorporated by reference to them, constitute the entire agreement between Seabird and the users of Seabird's site and apps. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties' intentions as reflected in the provision and that other provisions of the Terms will remain in full effect. These Terms are governed by New York law. You agree that any suit arising from the Services must take place in a court located in New York City.

 

Questions

If you have any questions about your account within one of our mobile applications, or any questions about these Terms specifically, please contact us at help@seabirdapps.com.

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