These Terms of Service (“Terms”) govern your use of the Prettybird Web Site (“Prettybird Site”) and the Prettybird services (“Services”). These Terms apply to all users of the Prettybird Site and Services. By using the Prettybird Site or Services, you agree to these Terms.
You must be at least 18 years old to use the Prettybird Site or the Services.
Some of our Services have additional terms and conditions (“Additional Terms”). When Additional Terms apply to aService, we’ll make them available for you to read through. By using the Services, you agree to the Additional Terms.
Acceptable Use of the Prettybird Site and Services
You’re responsible for your use of the Prettybird Site and Services and for any use of the Prettybird Site or Services through your account. Prettybird believes in respect, so we prohibit certain kinds of conduct that may be harmful too thers or to Prettybird. When you use the Prettybird Site or Services, you may not and agree that you won’t:
• violate any law or regulation;
• violate or infringe other people’s intellectual property, privacy, publicity or other legal rights;
use the Prettybird Site or Services to transmit, distribute, post or submit any information about any other person or entity, including without limitation, photographs of others, without their permission or personal contact information;
• transmit anything that’s illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, like spam;
• transmit any malicious or unsolicited software;
• stalk, harass or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Prettybird Site (although Prettybird does allow operators of public search engines to use spiders to index materials from the Prettybird Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Prettybird reserves the right to revoke these exceptions either generally or in specific cases);
• use automated methods to use the Prettybird Site or Services in a manner that sends more requests to the Prettybird servers in a given period of time than a human can reasonably produce in the same time using a conventional Web browser;
• interfere with or damage the Prettybird Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• register for more than one Prettybird account or register for a Prettybird account on behalf of anyone other than yourself;
• use, display, mirror or frame the Prettybird Site or any individual element within the Prettybird Site or Services, Prettybird’s name, any Prettybird trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Prettybird’s express written consent;
• avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Prettybird or any of Prettybird’s providers or any other third party (including another user) to protect the Prettybird Site or Services;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Prettybird Site or Services; or advocate, encourage or assist anyone else in doing any of the above. Prettybird has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Prettybird may involve and cooperate with law enforcement in prosecuting users who violate these Terms. You acknowledge that Prettybird is not obligated to monitor your access to or use of the Prettybird Site or Services, but has the right to do so in order to operate the Prettybird Site or Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Prettybird reserves the right, at any time and without prior notice, to remove or disable access to any Prettybird Site Content that Prettybird, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Prettybird Site or Services.
We own, license or have permission to use the content on the Prettybird Site and Services, including software, text, visual and audio content(referred to together as “Content”) and Prettybird’s trademarks, logos, and brand elements (referred to as “Marks”).The Content and Marks are protected under U.S. and international laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Prettybird Site is strictly prohibited; however, you may view such Content in the manner provided by Prettybird through the Prettybird Site If you use Content on Marks other than as expressly permitted in this Agreement, you may be liable for infringement, misappropriation or other legal causes of action.
Changes to the Prettybird Site or Services
Prettybird enhances and updates the Prettybird Site and Services often. We may change or discontinue the Prettybird Site or any Services, with or without notice to you.
We reserve the right not to provide the Prettybird Site or Services to any user. We also reserve the right to terminate any user’s right to access the Prettybird Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Prettybird Site and Services automatically terminates.
Disclaimer and Limitations on Our Liability
YOU USE THE PRETTYBIRD SITE AND SERVICES AT YOUR OWN RISK. THE Prettybird SITE AND SERVICES ARE PROVIDEDON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PRETTYBIRD ANDITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS ANDLICENSORS (COLLECTIVELY, “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITHRESPECT TO THE Prettybird SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, PRETTYBIRD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACYOR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE Prettybird SITE OR SERVICES (INCLUDING,WITHOUT LIMITATION, ANY CONTENT), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE PrettybirdSITE OR SERVICES. Prettybird AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO ORUSE OF THE PRETTYBIRD SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANYPERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PrettybirdSITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON ORTHROUGH THE Prettybird SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADEAVAILABLE ON OR THROUGH THE Prettybird SITE OR SERVICES.
PRETTYBIRD AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANYTHIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE PrettybirdSITE OR SERVICES OR ANY LINKED WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OBTAINED THROUGH THEPrettybird SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANYDAMAGE OCCURRING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUFROM Prettybird OR THROUGH THE Prettybird SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLYMADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Prettybird NOR ITS AFFILIATES WILL BE LIABLEUNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLELOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OFSUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE Prettybird SITE OR SERVICES.
Some jurisdictions don’t allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So, some of the above limitations and disclaimers may not apply to you. To the extent Prettybird may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of that warranty and the extent of Prettybird’s liability will be the minimum permitted under the law.