Terms and Conditions

I. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NATURE APPS/BIRDERS NEARBY, governing your use of both.  Nature Apps, Birders Nearby and The Rare Bird Alert  iOS and Android App and therarebirdalert.com website. Please review the Terms fully before you continue to use the Services. By using the Services, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Services. Please review our Privacy Policy, which also governs your use of the Services, to understand our practices. If you do not agree, please discontinue using the Services.  Nature Apps and Birders Nearby and The Rare Bird Alert reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on April 29, 2023.  Your use and browsing of the Services is at your risk. If you are dissatisfied with any of the materials contained in the Services, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Services.

II. Intellectual Property Issues

The Services are owned by Nature Apps and Birders Nearby and Therarebirdalert.com. All of the content featured or displayed on the Services, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Nature Apps and Birders Nearby. Pursuant to the copyright and trademark laws of Canada you agree:

  1. That you may only download Content of Birders Nearby and Therarebirdalert.com designates as offered for download to any single computer or mobile device a single copy of any Content for personal and noncommercial use.
  2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Nature Apps, unless such use is pursuant to Educational Use.
  3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  4. To refrain from framing or mirroring any portion of the Site, and to link to the Services. If there are questions regarding linking our pages, please contact us.
  5. That by posting or submitting any text or other materials to the Services you grant both Nature Apps and Birders Nearby and therarebirdalert.com a royalty-free permanent licence for the worldwide use and/or sublicense of such materials. Such licence shall include the right to exploit any proprietary rights in the posting or submission.



III. Educational Use Content

With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorised to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user’s particular educational institution and may under no circumstances be used for commercial purposes.

Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.

IV. Liability

The Services and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Services, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

You acknowledge that due to the immediate nature of this medium, the Birders Nearby iOS does not review, censor, approve, edit, or endorse information placed on the Services by its users, and cannot guarantee that inappropriate material will not be posted. Nature Apps, Birders Nearby and therarebirdalert.com will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.

The Services may provide, or third parties may provide, links to other sites or resources. Because Nature Apps, Birders Nearby and therarebirdalert.com has no control over such sites and resources, you acknowledge and agree that Nature Apps, Birders Nearby and therarebirdalert.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nature Apps, Birders Nearby and therarebirdalert.com 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 site or resource.

V. User Conduct

All users shall use the Services for lawful purposes only. Always take care when posting birds considered to be Sensitive Species and never report species considered to be endangered. You agree not to post or transmit through the Services 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, unless expressly authorised in writing by Nature Apps, Birders Nearby and therarebirdalert.com to do so.

Conduct by any user that, at the discretion of Nature Apps, Birders Nearby and therarebirdalert.com restricts or inhibits any other user from using or enjoying the Services will not be permitted. Nature Apps, Birders Nearby and therarebirdalert.com reserves the right to refuse access to the Services to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.

By entering your email address when creating an account you are giving Birders Nearby permission to occasionally email the user with notices pertaining strictly to the Birders Nearby App, and therarebirdalert.com including updates to our Privacy and Terms of Service.

You agree to assume full and sole responsibility for any postings you make to the Services.

VI. Indemnification

You agree to indemnify, defend, and hold harmless Nature Apps and Birders Nearby; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. Nature Apps and Birders Nearby reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Nature Apps,  Birders Nearby and therarebirdalert.com in asserting any available defences.

VII. Miscellaneous

These Terms and any other operating rules or terms currently posted on the Services constitute the entire agreement between Nature Apps, Birders Nearby and therarebirdalert.com and the users of the Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Nature Apps and Birders Nearby, and therarebirdalert.com may be construed as a waiver of any part of these Terms of Use. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.