© 2011 Redbirdsites.com
Acceptance of Terms of Use
These Terms of Use govern your use of the Redbirdsites.com
service and website. By using, visiting,
or browsing the Redbirdsites.com service
or website, you accept and agree to be bound
by these Terms of Use. If you do not agree
to these Terms of Use, you should not use
the Redbirdsites.com service or website.
These Terms of Use are an ongoing contract
between you and Redbirdsites.com and apply
to your use of the Redbirdsites.com service
and website. These Terms of Use affect your
rights and you should read them carefully.
Changes to Terms of Use
Redbirdsites.com reserves the right, from time
to time, with or without notice to you, to
change these Terms of Use in our sole and
absolute discretion. The most current version
of these Terms of Use can be reviewed by
clicking on the "Terms of Use" located
at the bottom of the pages of the Redbirdsites.com
website. The most current version of the
Terms of Use will supersede all previous
versions.
Privacy
Any personally identifying information submitted
through the Redbirdsites.com service or on
the Redbirdsites.com website is subject to
our Privacy Policy, the terms of which are
incorporated herein.
Privacy Policy
Redbirdsites.com will not use your personal
information for any purpose other than that
for which it is submitted. Redbirdsites.com
uses personal information to reply to inquiries,
handle concerns, provide operational notices
and for user registration. Redbirdsites.com
also processes billing and business requests
related to program participation. At certain
points where personal information is collected
on the Redbirdsites.com, there may be a box
to indicate your subscription preferences
related to programs and services. Physical,
electronic and managerial procedures have
been employed to safeguard the security and
integrity of personal information. Billing
information is encrypted whenever transmitted
or received online. Personal information
is accessible only by staff designated to
handle online questions or requests.
How Our Service Works
Redbirdsites.com is an online subscription
service providing its members with access
to a set of mini-websites that may be used
for different purposes. We offer a variety
of membership plans at varying price levels,
including memberships with limitations on
the number of websites. We reserve the right
in our sole and absolute discretion to make
changes from time to time and without notice
in how we operate our service. Any description
of how our service works should not be considered
a representation or obligation with respect
to how the service will always work. We are
constantly making adjustments to our service
and often these adjustments are not completely
captured within these Terms of Use.
Membership and Billing
You can find the specific date
your membership started on the ‘Change
Account Info page after you login to
your redbirdsites.com. You understand
and agree that your credit card will automatically
be charged each month thereafter on the day
of the month your membership began.
Free Trials
We encourage the use of our service through
free trials. Free trials last for two weeks
or as otherwise specifically stated for eligible
members. To view the specific details regarding
your free trial, click on the "2 week
free trial" button located on the Redbirdsites.com
website. You must have Internet access to
redeem a free trial offer.
Billing
By starting your Redbirdsites.com paid membership,
you are expressly agreeing that we are authorized
to charge you a monthly membership fee, any
applicable tax to the Payment Method you
provided during registration (or to a different
Payment Method if you change your account
information). As used in these Terms of Use, "billing" shall
indicate either a charge or debit, as applicable,
against your Payment Method, including a
checking account, where applicable. The membership
fee will be billed at the beginning of your
membership and on each monthly renewal thereafter
unless and until you cancel your membership.
We automatically bill your Payment Method
each month on the calendar day corresponding
to the commencement of your membership. In
the event your membership began on a day
not contained in a given month, we bill your
Payment Method on the last day of such month.
For example, if you became a paying member
on January 31st, your Payment Method would
next be billed on February 28th. You acknowledge
that the amount billed each month may vary
from month to month for reasons that include
changes in the amount of applicable sales
tax and you authorize us to charge your Payment
Method for such varying amounts. Your Payment
Method will be authorized for a recurring
monthly service. We may also periodically
authorize your card in anticipation of membership
or related charges. All fees and charges
are nonrefundable and there are no refunds
or credits for partially used periods. At
any time, and for any reason, we may provide
a refund, discount, or other consideration
to some or all of our members ("credits").
The amount and form of such credits, and
the decision to provide them, are at our
sole and absolute discretion. The provision
of credits in one instance does not entitle
you to credits in the future for similar
instances, nor does it obligate us to provide
credits in the future, under any circumstance.
We may change the fees and charges in effect,
or add new fees and charges from time to
time, but we will give you advance notice
of these changes by email. If you want to
use a different Payment Method or if there
is a change in your credit card validity
or expiration date, you may edit your Payment
Method information by clicking on the "Your
Account" button, available at the top
of the pages of the Redbirdsites.com. If
your Payment Method reaches its expiration
date and you do not edit your Payment Method
information or cancel your account (see, "Cancellation" below),
you authorize us to continue billing that
Payment Method and you remain responsible
for any uncollected amounts.
Ongoing Membership
Your Redbirdsites.com membership will continue
in effect unless and until you cancel your
membership or we terminate it. You must cancel
your membership before it renews each month
in order to avoid billing of the next month's
membership fees to your Payment Method. We
will bill the monthly membership fee plus
any applicable tax to the Payment Method
you provide to us during registration (or
to a different Payment Method if you change
your account information). Upgrading or Downgrading
an account will take place after you notify
us. Changes in fees reulting from Upgrading
or Downgrading an account will take affect
the next billing period.
Cancellation
You may cancel your membership to Redbirdsites.com
at anytime, and cancellation will be effective
immediately. WE DO NOT PROVIDE REFUNDS OR
CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP
PERIODS. To cancel, click the words "Cancel
Membership" on the "Your Account" page
and follow the instructions for cancellation
under the heading "Cancel Membership."
We reserve the right to terminate your account
for any or no reason at any time.
Account Ownership
The Account Owner has access and control over
each account website, including all of the
information provided and features selected
for that website such as the member's name,
user id, password, payment method and responsibility.
The Account Owner's control over account
websites is exercised through use of the
Account Owner's user id, password and secret
questions and therefore to maintain exclusive
control, the Account Owner should not reveal
the user id, password or answers to the secret
questions to anyone.
In addition, if the Account Owner wishes to
prohibit sub-account members from contacting
Redbirdsites.com Customer Support and potentially
altering the Account Owner's control, the Account
Owner should not reveal the last 4 digits of
their Payment Method to sub-account members.
BY ESTABLISHING AN ACCOUNT, THE ACCOUNT OWNER
AGREES TO BE RESPONSIBLE FOR COMPLYING WITH
THE TERMS OF USE. YOU ARE EXPRESSLY CONSENTING
TO REDBIRDSITES.COM THE INFORMATION YOU PROVIDE
IN ESTABLISHING THE ACCOUNT.
Cross Browser Compatibility & Operating
Systems (OS)
The creation of a Redbirdsites.com website
will be viewable by Windows Explorer and Firefox
browsers. Compatibility is defined herein as
all critical elements of each page being viewable
in defined browsers & OS. Member is aware
that programming may require browser plug-in(s)
to display the website. Member is also aware
that as new browser versions of are developed,
the new browser versions may not be backward
compatible and therefore new versions of Redbirdsites.com
may alter in function and design.
Applications
The Redbirdsites.com website may contain
links to websites or links and/or other connections
to applications (including, without limitation,
websites, widgets, software, or other software
utility) ("Application(s)"). Such
Applications may be owned or operated by third
parties that are not related to, associated
with or sponsored by Redbirdsites.com . Unless
otherwise noted by Redbirdsites.com on
the Redbirdsites.com website, these Applications
are provided solely as a convenience to you,
and Redbirdsites.com is not responsible
for and does not endorse the content of such
Applications. You will need to make your own
independent judgment regarding your interaction
with these Applications. You may choose, at
your sole and absolute discretion and risk,
to use an Application and such Application
may interact with, connect to or gather and/or
pull information from and to your Redbirdsites.com account..
By using such Applications, you acknowledge
and agree to the following: (i) if you use
an Application to share information relating
to your Redbirdsites.com account, you are consenting
to the information about your account being
shared; (ii) your use of an Application may
cause personally identifying information to
be publicly disclosed and/or associated with
you, even if Redbirdsites.com has not provided
such information; and (iii) your use of an
Application is at your own option and risk,
and you will hold Redbirdsites.com harmless
for the sharing of information relating to
your Redbirdsites.com account that results
from your use of an Application. In addition,
that Application's end user license agreement,
terms of use, and/or any other documentation
or materials designated by the Application
will govern your use of that Application. You
may revoke an Application's access to your
Redbirdsites.com account at any time,
but information shared prior to revocation
may continue to be viewable within, or otherwise
continue to be used by, the Application depending
on the policies of such Application. Certain
Applications may be appear to be associated
with or sponsored by Redbirdsites.com . We
do not take any responsibility for the performance
of the Application or the use of any information
shared with the Application. Use of Applications
is at your own option and risk. If you have
any questions, concerns, complaints, or claims
about the Applications, you should contact
the support or contact personnel of the Application
and not Redbirdsites.com. REDBIRDSITES.COM
DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE
OF APPLICATIONS.
Functionality and Compatibility
We do not warrant that any of the software
used and or licensed in connection with Redbirdsites.com
will be compatible with other third party
software nor do we warrant that operation
or functionality and the associated software
will not damage or disrupt other software
or hardware. Please refer to the Disclaimers
of Warranties and Limitations of Liability
set forth in these Terms of Use.
Content and Images
Photos or images that you choose to post must
be owned entirely by you and cannot contain
the images of, or owned by, any third party,
and cannot be infringing, vulgar, obscene,
invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise
objectionable. You understand and agree to
hold Redbirdsites.com and it’s owners,
affiliates, principals harmless from any
action and damages/fee, including court and
attorneys fee, that may arise due to any
and all posting of images, logos, photos,
content, whatsoever, that you upload to Redbirdsites.com.
You understand and agree that we may, but
are not obligated to, review this content
and may delete or remove it (without notice)
in our sole and absolute discretion, for
any reason or no reason. Please also see "Use
of Information Submitted" below.
Electronic Commerce Laws
The account owner is solely responsible for
complying with any laws, taxes, and tariffs
applicable in any way and will hold harmless,
protect, and defend Redbirdsites.com, it’s
affiliates, principals, employees from any
claim, suit, penalty, tax, fine, penalty,
or tariff arising from the owners (members’)
exercise of Internet electronic commerce
and/or any failure to comply with any such
laws, taxes, and tariffs.
Disclaimers of Warranties and Limitations
on Liability
THE REDBIRDSITES.COM SERVICE, INCLUDING ALL
FEATURES AND FUNCTALITIES ASSOCIATED THEREWITH,
THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS
IS" AND "AS AVAILABLE" WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND
AND WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WITH RESPECT TO THE REDBIRDSITES.COM
SERVICE, THE WEBSITE AND ITS CONTENTS. REDBIRDSITES.COM
DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT
YOUR USE OF THE REDBIRDSITES.COM SERVICE, WILL
BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE
THAT REDBIRDSITES.COM MAY ELIMINATE OR OTHERWISE
MODIFY ANY OR ALL ASPECTS OF THE REDBIRDSITES.COM
SERVICE, WITHOUT COMPENSATION OR NOTICE TO
YOU. REDBIRDSITES.COM SPECIFICALLY DISCLAIMS
LIABILITY FOR THE USE OF APPLICATIONS, AS DEFINED
IN THE APPLICATIONS SECTION ABOVE. Without
limiting the foregoing, we assume no liability
or responsibility for any of the following:
(i) content contained on or uploaded (ii) errors
or omissions in the (iii) recommendations or
advice of Customer Service; (iv) (v) any failure
or interruption in the availability of the
Redbirdsites.com service and/or website
(vi) delivery and or display of any content
contained on a redbirdsites.com or through
the Redbirdsites.com service, (vii) any
losses or damages arising from the use of the
content provided on the Redbirdsites.com website
or the Redbirdsites.com service itself.
In addition, we do not represent or warrant
that the information accessible via our site
is accurate, complete or current. We do not
represent or guarantee that your use of the
Redbirdsites.com service and website will be
free from interruption, loss, corruption, attack,
viruses, interference, hacking, or other security
intrusion and we disclaim any liability with
respect thereto. No oral or written information
or advice given by us or our authorized representative
shall create a warranty or otherwise constitute
a representation binding upon Redbirdsites.com
or its affiliated parties.
In no event shall Redbirdsites.com its shareholders,
principals, directors, officers, or employees
be liable (jointly or severally) to you for
personal injury or any special, incidental,
indirect or consequential damages of any kind,
or any damages whatsoever resulting from loss
of use, data or profits, business interruption
or any other commercial damages or loss, whether
or not advised of the possibility of damage,
and on any theory of liability, arising out
of or in connection with the use or performance
of the Redbirdsites.com website. In no event
shall our total liability to you for all damages
for losses arising from the use or inability
to use our website exceed the amount of one
month's membership fee on your membership plan.
The foregoing limitations will apply even if
the above stated remedy fails of its essential
purpose. If any applicable authority holds
any portion of this section to be unenforceable,
then liability will be limited to the fullest
possible extent permitted by applicable law.
Intellectual Property
Copyright
The source code on this site is the exclusive
property of Redbirdsites.com , and protected
by U.S. and international copyright laws. You
agree not to decompile, reverse engineer or
disassemble any software or other products
or processes accessible through the Redbirdsites.com
website, not to insert any code or product
or manipulate the content of the Redbirdsites.com website
in any way that affects the user's experience,
and not to use any data mining, data gathering
or extraction method.
Your Conduct on the Redbirdsites.com Website
By accessing the Redbirdsites.com website,
you agree to use the Redbirdsites.com service,
including all features and functionalities
associated therewith, the Web site and its
content in accordance with all applicable
laws, rules and regulations. In addition,
you agree not to upload, post, e-mail or
otherwise send or transmit any material that
contains software viruses or any other computer
code, files or programs designed to interrupt,
destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment associated with the Redbirdsites.com
website. You also agree not to interfere
with the servers or networks connected to
the Redbirdsites.com website or to violate
any of the procedures, policies or regulations
of networks connected to the Redbirdsites.com
website. You also agree not to impersonate
any other person while using the Redbirdsites.com
website, conduct yourself in a vulgar or
offensive manner while using our service,
or use the Redbirdsites.com website for any
unlawful purpose.
Electronic Communications
By using the Redbirdsites.com service,
you consent to receiving electronic communications
from Redbirdsites.com . These communications
will include notices about your account and
information concerning or related to our service
or offerings. These communications are part
of your relationship with Redbirdsites.com and
you receive them as part of the Redbirdsites.com membership.
You agree that any notice, agreements, disclosure
or other communications that we send to you
electronically will satisfy any legal communication
requirements, including that such communications
be in writing.
Links and Pages
Some of the hyperlinks on the Redbirdsites.com
website may lead to other websites or Applications
that are not controlled by, or affiliated
with, Redbirdsites.com In addition,
other websites may link to the Redbirdsites.com website
or Redbirdsites.com may include links
to the websites of businesses, including
those that have associations with us through
certain programs. Redbirdsites.com has
not reviewed these websites and is not responsible
for the offerings of any of these sites or
the content, privacy policies or terms of
use of these websites or Applications. Members
acknowledge and agree that Redbirdsites.com is
not responsible or liable for, and does not
otherwise warrant, the actions of these third
parties, the products or contents on the
websites, or the performance of any Applications
and devices. You should carefully review
their privacy statements and other terms
and conditions of use. You should also refer
to the section of these terms titled "Applications"
Customer Service
If you need assistance with your account, you
may find answers and reach Customer Service
at any time here, where you will find the
answers to many frequently asked questions.
Disputes; Governing Law
These Terms of Use shall be governed by and
construed in accordance with the laws of
the state of North Carolina, without regard
to conflicts of laws provisions.
Email Us at mail@Redbirdsites.com
Last Updated: July 19, 2011 |