Birdwing Photo Tours Pvt Ltd
THESE TERMS AND CONDITIONS OF USE (“terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BIRDWING PHOTO TOURS PVT LTD (“BIRDWING”) governing your use of this website, WWW.BIRDWING.IN (“Site”).
Please review these terms fully before you continue to use the Site. By using the Site, you agree to be bound by these Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site, which also govern your use of the Site.
If you do not agree to these Terms, you are directed to discontinue using and accessing the Site. BIRDWING reserves the right to change these Terms at any time without prior notice. Your continued access or use of the site after such changes indicates your acceptance of the Terms as changed. It is your responsibility to review these Terms regularly. These Terms were last updated on 1 July 2013.
Your access and use of the Site is at your risk. If you are dissatisfied with any of the Content contained in the site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
Pursuant to the copyright and trademark laws of India, you agree:
The Site (and all Content posted on the Site) are provided to you “as is” and without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness or utility of any Content.
IN NO EVENT WILL BIRDWING BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY CONTENT, ON THIS SITE.
You acknowledge that due to the immediate nature of the Internet, BIRDWING does not review, censor, approve, edit or endorse information placed on the Site by its users. BIRDWING cannot and does not guarantee that inappropriate material will not be posted. BIRDWING will endeavour to review user postings from time to time, and will take steps to remove inappropriate postings that come to its attention.
The Site may provide links to other websites and resources. Because BIRDWING has no control over such sites and resources, you acknowledge and agree that BIRDWING is not responsible for the availability of such websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites and resources. You further acknowledge and agree That BIRDWING shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of (or reliance on) any such linked content, goods, or services available on (or through) any such linked website and resource.
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Sites any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the Site any material or text which constitutes advertising or solicitation with respect to any product or service.
Conduct by any user that (in the sole judgment of BIRDWING) restricts or inhibits any other user from using or enjoying the Site will not be permitted. BIRDWING reserves the right (in its sole discretion) to refuse access to the Sites to any user for any reason (including a belief that the user in question has violated these Terms or any of the copyright or trademark laws of India).
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BIRDWING RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless BIRDWING from and against all losses, expenses, damages and costs (including attorneys’ fees) resulting from any violation of these Terms. BIRDWING reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. In such event, you will fully cooperate with BIRDWING in asserting any available defenses.
Any and all disputes (with the exception of copyright claims) arising out of, under or in connection with these Terms (including without limitation, their validity, interpretation, performance, or breach) shall adjudicate exclusively in the federal or state courts located in India. This agreement, its validity and effect, shall be interpreted under and governed by the laws of India, without regard to its conflict of laws provisions.
These Terms (and any other operating rules or terms posted on the Site) constitute the entire agreement between BIRDWING and you, and supersede all previous written or oral agreements between us. No action (or inaction) by BIRDWING may be construed as a waiver of these Terms (or any part). If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect.
Your access to and use of the Site, all Content, and services of BIRDWING (regardless of media) is subject to the terms, conditions, and disclaimers set forth below and from time to time throughout the Site, and to all applicable laws and regulations. In addition, BIRDWING reserves the right to terminate access to the Site for any reason, and to take any other actions that BIRDWING, in its sole discretion, believes to be in its interests and those of its users. BIRDWING reserves the right to modify these disclaimers, terms and conditions of access, without advance notice.
By your acceptance of these Terms and use of the Site, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with BIRDWING (including your login and user profile or during payment and data filling during purchase of our tours/workshops/walks/accessories).
Your access to the Sites is licensed to you, not sold. This license immediately terminates upon your breach of these Terms. In addition, BIRDWING may terminate this license immediately at any time, at will and for the convenience of BIRDWING. If you do not abide by the disclaimers, limitations, exclusions, or conditions as provided in these Terms, you are not authorized to use the Site.
For any Content, you submit (“Submissions”) to BIRDWING, including profile information, postings on online forums, digital images and portfolios, and e-mail:
BIRDWING and all Content contained on the Site, are protected by Indian trademark and copyright law and other applicable laws, and are the property of BIRDWING (except as expressly identified on the Site). All copyrights and trademarks not the property of BIRDWING that are used (or referred to) in the Site are the property of their owners. Nothing contained in the Site shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of BIRDWING or any third party, whether by implication, laches, estoppel, or explicit grant. The Content is proprietary. Any unauthorised use of Content or other materials on the Sites may violate the law, and will be a violation of these Terms.
You are solely responsible for any and all acts and omissions that occur during (or relating to) your use of the Site. You agree not to engage in use of the Site that is unacceptable or illegal (as determined by BIRDWING in its sole discretion). Specifically, you agree NOT to:
You understand that accessing and using the Site may expose you exposed to Content that may offend you or challenge your beliefs. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.
Opinions and other statements expressed by users are theirs alone, and are not opinions of BIRDWING. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by BIRDWING. The Sites may provide links to other web pages, web sites, and various resources or locations on the Internet. BIRDWING has no control over the information you access via such links, does not endorse that information and is not to be responsible for it or for the consequences of your use of that information.
BIRDWING does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the online forums or any other part of the Site, except that (i) BIRDWING may consolidate and edit for clarity any Content posted to online forums, (ii) BIRDWING may inform registered users of particular content, ask for their response, or ask them to host discussions, and (iii) BIRDWING reserves the right to monitor the Site and to remove any information that BIRDWING (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for BIRDWING to monitor, screen or edit Content on the Sites in any way.
When you use the Site, BIRDWING automatically tracks certain information about you. This information includes your domain name and IP address, your browser version, your operating system, the URL you came from, the pages you visit within the Site, and the URL to which you go upon leaving the Site. BIRDWING uses this information, in an aggregate form only, to monitor the Site’s performance, utilisation of features and services, traffic trends, and browser version.
By using the Site, you consent to the collection and use of your information by BIRDWING as described in these Terms.
Although BIRDWING strives to protect the personal information and privacy of each user, BIRDWING cannot guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of World Wide Web sites on the Internet; (2) the limitation of security, privacy, and authentication measures and features in this Site; and (3) the risk that data or information on the Site may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, impostering tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination (including viruses, worms, and Trojan horses) causing unauthorised, damaging, or harmful access and/or retrieval of information and data on your computer, may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient.
BIRDWING fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities.
BIRDWING reserves the right to release information about users who BIRDWING believes are in violation of these Terms. BIRDWING also reserves the right to report to law enforcement agencies any activities that BIRDWING believes to be unlawful.