User Agreement
Before using Birdied.co (hereinafter referred to as “Birdied.co“, “we“, “us“, or “our“) https://Birdied.co (“the Site”) operated by Birdied.co. This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://Birdied.co/.
This agreement is a legal contract between you and Birdied.co. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use Birdied.co. Please take a look at Birdied.co privacy policy too—it explains how we collect and use your information.
Your access to Birdied.co
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Birdied.co, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from Birdied.co.
We reserve the right to monitor Birdied.co, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Birdied.co is for your personal, lawful use
Birdied.co is designed and supported for personal use only. You may not use Birdied.co to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
Birdied.co is for fun
Birdied.co is intended to be a place for the golf community to openly buy, sell or trade golf gear. We are not responsible for any decisions you make based on something you see, buy, sell, and/or trade on Birdied.co.
Birdied.co is intended as a marketplace
Birdied.co is intended to be a marketplace for goods. You may find commercial links, coupons, deals, advertisements, and other third-party offers on Birdied.co. In addition, Birdied.co may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. Birdied.co is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if Birdied.co has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone, so be careful.
You may not use Birdied.co to conduct transactions for any illegal goods or services.
Your Birdied.co account
To participate on Birdied.co, you must create an account that includes a username, e-mail, and password (“Your Account”) and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse Birdied.co without logging in.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
Birdied.co Donations
You may make donations to Birdied.co by paying a single fee. This user agreement applies to donations made by users. Donations do not confer any benefits other than helping pay for day to day costs of operating Birdied.co.
Payment Information
Birdied.co uses third-party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to Birdied.co. or one of our service providers.
Content
Birdied.co content
Birdied.co contains graphics, text, photographs, images, video, audio, software, code, website compilation, website “look and feel,” and advertisements supplied by us or our licensors, which we call “content.” Content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display content, except as permitted by the doctrine of fair use or as authorized in writing by us.
Your content
You retain the rights to your copyrighted content or information that you submit to Birdied.co (“user content”) except as described below.
By submitting user content to Birdied.co, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
Please take a look at Birdied.co privacy policy for an explanation of how we may use or share information submitted by you or collected from you.
We don’t endorse user content
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Birdied.co.
Links and Birdied.co
Birdied.co is a place with many third-party hyperlinks posted by users like you. We are not responsible for the content or actions of any third-party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.
Other Legalities
Indemnity
All the things you do and all the information you submit or post to Birdied.co remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold Birdied.co, its affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Birdied.co, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Disclaimer of warranties
Birdied.co is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third-party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Birdied.co will always work properly.
Limitation of Liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Birdied.co, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Birdied.co.
Governing Law
We want you to enjoy Birdied.co, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at GolfClassifieds@gmail.com.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Illinois without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Illinois.
Severability and Enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this User Agreement
This user agreement is the entire agreement between you and us concerning Birdied.co. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. By continuing to use Birdied.co after a change to this agreement, you agree to those changes.