Last Updated: March 01, 2025
By accessing or using the BirdCityView blog (the “Site”), owned and operated by BirdCityView (“we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms constitute a legally binding agreement between you and BirdCityView. If you do not agree, you may not use the Site or upload any material to it.
1. User Warranties and Restrictions
By using the Site and/or uploading any material (e.g., text, images, PDFs, videos), you represent, warrant, and agree that:
(a) All intellectual property, content, or media you upload does not infringe upon any third-party rights, including copyrights, trademarks, patents, or trade secrets, under common law, statute, or the Digital Millennium Copyright Act (DMCA), as amended.
(b) You will not upload pornographic, obscene, defamatory, libelous, threatening, harassing, abusive content, or material containing child exploitation, as determined in our sole discretion.
(c) You are solely responsible for your uploaded content and its consequences.
2. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BIRDCITYVIEW, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUCCESSORS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM YOUR UPLOADS, VIOLATION OF THESE TERMS, OR INFRINGEMENT OF THIRD-PARTY RIGHTS.
3. Rights of BirdCityView
(a) We reserve the absolute right, in our sole discretion, to remove, edit, or refuse to post any material uploaded to the Site at any time, with or without notice, for any reason or no reason, including suspected infringement or violation of these Terms.
(b) We may terminate or suspend your access to the Site at any time, with or without notice, for any reason or no reason.
(c) We disclaim liability for the removal, retention, or loss of any content you upload.
4. DMCA Copyright Policy
If you believe content on the Site infringes your copyright, notify our Copyright Agent with:
(a) A signature of the copyright owner or authorized agent;
(b) A description of the copyrighted work;
(c) The location of the infringing material on the Site;
(d) Your contact information;
(e) A good-faith belief that the use is unauthorized;
(f) A statement under penalty of perjury that your notice is accurate and you’re authorized to act.
Contact: birdcityview@gmail.com. We may terminate repeat infringers’ access.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIRDCITYVIEW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (E.G., LOSS OF PROFITS, DATA) ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO STOP USING THE SITE.
6. Governing Law and Venue
These Terms are governed by Arizona law, without regard to conflict of law principles. Disputes shall be resolved exclusively in state or federal courts in Maricopa County, Arizona. You consent to this jurisdiction and venue, waiving objections.
7. Miscellaneous
(a) These Terms are the entire agreement, superseding prior understandings.
(b) Non-enforcement of any provision isn’t a waiver.
(c) If a provision is unenforceable, others remain effective.
(d) We may update these Terms, effective upon posting.
8. Privacy Policy
Your use of the Site is also subject to our Privacy Policy, available here, which governs how we collect, use, and share your personal information. By using the Site, you agree to it.
9. User-Generated Content License
By uploading content, you grant BirdCityView a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, publish, and distribute it in any media for any purpose, without compensation. You waive moral rights where permitted.
10. Force Majeure
We are not liable for delays or failures due to acts of God, natural disasters, war, or other events beyond our control.
11. Third-Party Links and Services
Links to third-party sites are for convenience. We aren’t responsible for their content or practices. Use them at your own risk.
12. Warranties and Disclaimers
THE SITE AND ALL CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BIRDCITYVIEW DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ERRORS OR OMISSIONS MAY OCCUR IN THE CONTENT, AND WE ARE NOT LIABLE FOR ANY RELIANCE YOU PLACE ON IT. WE RESERVE THE RIGHT TO CORRECT OR REMOVE CONTENT AT ANY TIME WITHOUT NOTICE OR LIABILITY.
13. Assignment
You may not assign your rights under these Terms without our consent. We may assign ours without notice.
14. Severability and Survival
If a provision is invalid, others remain. Indemnification, liability limits, and dispute resolution survive termination.
15. No Agency or Partnership
No agency or partnership is created. You cannot bind BirdCityView.
16. Editorial Content and No Legal Advice
Content on legal topics, current events, or any other topic, including guest posts, is for information and entertainment only, not legal or professional advice. Consult a qualified professional. Opinions are authors’, not necessarily ours. Accuracy is not guaranteed.
17. User Comments and Moderation
We moderate comments at our discretion, removing inappropriate content without notice. You’re liable for your contributions.
18. Age Restriction
The Site is for users 13 and older per COPPA. We don’t knowingly collect data from children under 13 and will delete it if found.
19. Reservation of Rights
We reserve all rights not granted herein and may modify or discontinue the Site without notice or liability.
20. Affiliate and Advertising Disclosure
(a) BirdCityView may participate in affiliate marketing programs or display advertisements, which may earn us commissions or revenue. Affiliate links may generate a commission if you purchase through them, at no additional cost to you. Advertisements are provided by third parties to promote their products or services.
(b) We will disclose such relationships in or near the relevant content (e.g., “This post contains affiliate links” or “Advertisement by [X]”) in compliance with Federal Trade Commission (FTC) guidelines.
(c) Participation in these programs does not influence our editorial content unless explicitly stated. Opinions remain those of BirdCityView or its authors.
(d) Clicking affiliate links or interacting with advertisements may involve third-party tracking. See our Privacy Policy here for details on data practices. We are not liable for the quality, safety, accuracy, or legality of third-party products, services, or their representations.
21. Satire and Opinion
Content on BirdCityView may include satire, opinion, or commentary, which is protected as free speech under the First Amendment of the U.S. Constitution and applicable Arizona law. Such content is not intended to assert facts or defame unless explicitly stated as such. Readers should interpret it accordingly.
22. News Aggregation
If BirdCityView aggregates or summarizes news from other sources, such content is provided for informational purposes only. We aim to credit original sources where applicable but are not responsible for the accuracy, legality, or ownership of aggregated content beyond our editorial contributions.
23. Copyright Notice
All original content on BirdCityView is ©BirdCityView 2025, unless otherwise noted. We may reproduce limited excerpts of third-party copyrighted material under the doctrine of fair use (17 U.S.C. § 107) for purposes such as criticism, commentary, news reporting, or education. Such use does not imply ownership or endorsement. For infringement claims, see our DMCA policy in Section 4.
BIRDCITYVIEW 