Introduction.
These Website Standard Terms And Conditions (these “Terms”
or these “Website Standard Terms And Conditions”) contained
herein on this webpage, shall govern your use of this website, including
all pages within this website (collectively referred to herein below as
this “Website”). These Terms apply in full force and effect
to your use of this Website and by using this Website, you expressly accept
all terms and conditions contained herein in full. You must not use this
Website, if you have any objection to any of these Website Standard Terms
And Conditions.
Intellectual Property Rights.
the Nightbirds and/or its licensors own all rights to the intellectual
property and material contained in this Website, and all such rights are
reserved.
You are granted a limited license only, subject to the restrictions provided
in these Terms, for purposes of viewing the material contained on this
Website,
Restrictions.
You are expressly and emphatically restricted from all of the following:
Publishing any Website material in any media;
Selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
Using this Website in any way that is, or may be, damaging to this Website;
Using this Website in any way that impacts User access to this Website;
Using this Website
Contrary to applicable laws and regulations, or in a way that causes,
or may cause, harm to the Website, or to any person or business entity;
No warranties.
This Website is provided “as is,” with all faults, and the
Nightbirds makes no express or implied representations or warranties, of
any kind related to this Website or the materials contained on this Website.
Additionally, nothing contained on this Website shall be construed as providing
consult or advice to you.
Limitation of liability.
In no event shall the Nightbirds nor any of its officers, directors and
employees, be liable to you for anything arising out of or in any way connected
with your use of this Website, whether such liability is under contract,
tort or otherwise, and the Nightbirds, including its officers, directors
and employees shall not be liable for any indirect, consequential or special
liability arising out of or in any way related to your use of this Website.
Indemnification.
You hereby indemnify to the fullest extent the Nightbirds from and against
any and all liabilities, costs, demands, causes of action, damages and
expenses (including reasonable attorney’s fees) arising out of or
in any way related to your breach of any of the provisions of these Terms.
Severability.
If any provision of these Terms is found to be unenforceable or invalid
under any applicable law, such unenforceability or invalidity shall not
render these Terms unenforceable or invalid as a whole, and such provisions
shall be deleted without affecting the remaining provisions herein.
Variation of Terms.
the Nightbirds are permitted to revise these Terms at any time as it sees
fit, and by using this Website you are expected to review such Terms on
a regular basis to ensure you understand all terms and conditions governing
use of this Website.
Assignment.
the Nightbirds shall be permitted to assign, transfer, and subcontract
its rights and/or obligations under these Terms without any notification
or consent required. However, .you shall not be permitted to assign, transfer,
or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement.
These Terms, including any legal notices and disclaimers contained on
this Website, constitute the entire agreement between the Nightbirds and
you in relation to your use of this Website, and supersede all prior agreements
and understandings with respect to the same.
Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws
of the State of Washington, and you submit to the non-exclusive jurisdiction
of the state and federal courts located in Washington for the resolution
of any disputes.