Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the birdwatchexplorer.com website (the "Service") operated by BirdWatch Explorer ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Use of the Service

1.1 Account Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

1.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1.3 Acceptable Use

You agree not to use the Service:

• In any way that violates any applicable national or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation
• To impersonate or attempt to impersonate BirdWatch Explorer, a BirdWatch Explorer employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm BirdWatch Explorer or users of the Service

2. Content

2.1 User-Generated Content

Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

2.2 Content License

By posting Content to the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights.

2.3 Content Restrictions

You agree that you will not post Content that is:

• Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Infringing on intellectual property rights of others
• Containing software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity

2.4 Content Removal

We reserve the right to remove any Content from the Service at our discretion, without prior notice, for any reason whatsoever, including, but not limited to, if we determine that such Content violates these Terms.

3. Intellectual Property

3.1 Our Content

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of BirdWatch Explorer and its licensors. The Service is protected by copyright, trademark, and other laws of both Japan and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BirdWatch Explorer.

3.2 Third-Party Content

Our Service may contain links to third-party websites or services that are not owned or controlled by BirdWatch Explorer. BirdWatch Explorer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BirdWatch Explorer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

4. Purchases and Payment

4.1 Payment

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

4.2 Third-Party Payment Processors

We use third-party payment processors to process payments made to us. Your payment information is governed by the terms and privacy policies of these third-party payment processors.

4.3 Prices and Availability

All prices are shown in the currency indicated and are inclusive of VAT where applicable. We reserve the right to change prices and availability of products and services at any time without notice.

5. Termination

5.1 Termination by You

You may terminate your account and discontinue using our Service at any time by contacting us.

5.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

5.3 Effects of Termination

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Limitation of Liability

In no event shall BirdWatch Explorer, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

To the maximum extent permitted by applicable law, our total liability to you for any damages arising from or relating to these Terms or your use of our Service, regardless of the form of legal action, shall be limited to the amount you paid, if any, to access our Service in the 12 months preceding the claim.

7. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

BirdWatch Explorer, its subsidiaries, affiliates, and its licensors do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components
• The results of using the Service will meet your requirements

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

9. Indemnification

You agree to defend, indemnify, and hold harmless BirdWatch Explorer and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service, by you or any person using your account and password
• A breach of these Terms
• Content posted on the Service

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and BirdWatch Explorer concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.