Effective September 1, 2012
Welcome to the Internet site of Birdhouse LLC, including birdhousehq.com and other internet sites and apps. Birdhouse and any and all entities that control, are controlled by, or are affiliated or under common control with, Birdhouse are collectively referred to herein as "Service," "Site," "we," "us," or "our". THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE OR ANY OF OUR OTHER SERVICES, YOU AND OTHERS INCLUDED IN YOUR ACCOUNT ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH BIRDHOUSE LLC. If you do not agree to any of these terms, including the Birdhouse for Autism privacy notice, you may not use the Service.
Modifications to the Terms and Conditions
Use of Content
All information, materials, functions and other content contained on Birdhouse for Autism are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Birdhouse for Autism site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from Birdhouse for Autism may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of Birdhouse for Autism, except that where Birdhouse for Autism is configured to enable the download of particular Content, you may download a copy of such Content for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, and (b) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use of any kind, "re-mailing" or high-volume or automated use of Birdhouse for Autism is prohibited.
In the event that we offer downloads of software on Birdhouse for Autism and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BIRDHOUSE FOR AUTISM NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.
SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
Subject to Birdhouse's adherence with the privacy settings you select within Birdhouse, you hereby grant to Birdhouse a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, or other data (names and photographs excluded) and information you submit to Birdhouse (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted in Nutrition, Therapy, and Activity sections of Birdhouse. Subject to Birdhouse's adherence to the privacy settings you select within the Birdhouse, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Birdhouse's use of the User Generated Content or require your permission for Birdhouse to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Birdhouse or its sublicensees relating to Birdhouse's or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Birdhouse and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
Birdhouse for Autism requires a credit card to be on file for all paid accounts. Birdhouse for Autism reserves the right to bill these accounts for services. It is solely up to the user to downgrade or terminate their account in order to terminate recurring charges. Birdhouse for Autism reserves the right to terminate services (at any time to anyone for any reason or without reason. Refunds may be considered by Birdhouse on a case-by-case basis. Birdhouse makes no guarantee that payments issued will be refunded under any circumstances. Birdhouse for Autism may also resell third party services such as domain registrations. These services are provided by another company and Birdhouse for Autism makes no guarantees or warranties on them.
Birdhouse, Birdhouse for Autism, the Birdhouse for Autism logo, and other Birdhouse for Autism logos and names are trademarks of Birdhouse LLC. You agree not to display or use these trademarks in any manner without our prior written permission.
Digital Millennium Copyright Act
It is our policy to respond to valid DMCA takedown notices of alleged copyright infringement. These notices must include all of the information below, as suggested by the U.S. Digital Millennium Copyright Act.
Our response to valid takedown notices may include removing the infringing material, and suspending subscriber accounts. We will also contact the owner of the affected material so that they may make a counter notification.
To file a notice of infringement with us, you must provide a formal communication (by regular mail or email) that includes the items specified below.
Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This means a link to the original work or a description of what is being copied.
Identify the material that is infringing on the work in item #1. This means the link to a Birdhouse for Autism URL with the material on it.
Provide your contact information, preferably email and phone number.
Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Send this information to:
1528 Woodward Ave.
Detroit, MI 48226
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18. Individuals under the age of 18 may not use the service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Birdhouse for Autism without restriction.
This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of Michigan without giving effect to any principles of conflicts of law. Any legal action or proceeding between Birdhouse for Autism and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Detroit, Michigan, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Birdhouse Terms and Conditions