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Your use of Cowbird (described below) is subject to these Terms of Service (“Terms”). By accessing and using Cowbird, you accept and agree to be bound to Cowbird, Inc. (“Company,” “us,” or “we”) by these Terms. Unless otherwise provided by us, any new features or services added to Cowbird shall also be provided to you under these Terms. By using Cowbird, you represent that you are legally capable of forming a binding contract and are not a person barred from receiving Cowbird under the laws of the United States or other applicable jurisdictions.
Cowbird allows users to post and review stories, sounds, images, and other “Content” (defined below), and to browse Content provided by other users of Cowbird and such other Content and services that may be made accessible through www.cowbird.com and/or a “Cowbird” software application (collectively, "Cowbird"). Certain services such as the receipt of a featured “Cowbird Daily Story” are optional.
The Company reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Cowbird (or any part thereof) with or without notice. We may establish general practices and limits concerning use of Cowbird, including without limitation the maximum number or length of stories and the maximum number of times (and the maximum duration for which) you may access Cowbird in a given period of time. You agree that we have no responsibility or liability for imposing these limits or the deletion or failure to store any Content.
You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Cowbird (or any part thereof). Cowbird is provided "AS-IS" and “AS AVAILABLE” and the Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Content. Much of the Content in Cowbird is provided by and is the responsibility of the users who submitted such Content. Company is not obligated to screen or monitor the Content, and takes no responsibility for such Content—we only provide access. Cowbird may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive.
All information, data, text, software, music, sound, photographs, images, graphics, videos, messages, tags, or other materials ("Content"), submitted by users are the sole responsibility of the person submitting the Content for use in Cowbird. This means that you, and not Cowbird, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Cowbird Services.
Content is provided “AS IS.” We do not control the Content posted via Cowbird and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any offense, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available via Cowbird. We may or may not pre-screen Content, but the Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Cowbird for any reason, or for no reason. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates these Terms.
Your Limited Rights. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Cowbird (excluding the Content that you own—you are free to do as you wish with your own Content). You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on Cowbird. By default, Cowbird provides for non-commercial use of the Content, however, you should note that some users of Cowbird may choose to grant more restrictive or broader rights to their Content. Cowbird allows users who submit Content to choose a Creative Commons license that describes the rights that other users may have for the Content that they have submitted, and notwithstanding anything to the contrary in these Terms, your rights to Content provided under the terms of a Creative Commons license shall solely be governed by the terms of such Creative Commons license. You are responsible for compliance with the license terms chosen by other users for their Content.
Your License to Cowbird. We do not claim ownership of the Content that you submit for inclusion on Cowbird. However, with respect to Content that you submit for inclusion on publicly accessible areas of the Cowbird Services, you grant the Company the following transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such Content on and/or in connection with Cowbird (including distributing and featuring your Content through messages such as a “Cowbird Daily Story” and in promotional and marketing activities and materials related to Cowbird). When these terms are terminated, we will make commercially reasonable efforts to remove and to respond to your requests to remove your Content from Cowbird, but you acknowledge that we might retain copies of your Content and other information provided to us as a part of our standard archive practices. If we ever have to restore Cowbird from an archive, the restored version of Cowbird may publicly include your removed Content or other information that you previously provided to us. If Content or information that you previously intended to remove is restored to Cowbird, we will make commercially reasonable efforts to respond to your requests to remove your Content. You acknowledge and agree that we cannot delete or control the deletion or access to the Content as it may exist on other websites outside our control, or copies retained by others, even if they are users of Cowbird. For clarity, in the event that any of your Content has been included in any promotional, marketing, or other materials related to Cowbird, you agree that we shall have the right to include your Content on such materials created or ordered prior to your removal of such Content from Cowbird or your termination of your account with us.
This license exists only for so long as you elect to continue to include such Content on Cowbird and will terminate when these Terms are terminated, except as follows: (i) You acknowledge and agree that we cannot delete or control access to your Content as it may exist on other websites outside of our control or when copes of it have been saves and retained by others (even if they are Cowbird users) and (ii) you further acknowledge and agree that we may retain a copy of your Content and reproduce it in connection with our standard archive practices and (iii) in the event that any of your Content has been included in any promotional, marketing, or other materials related to Cowbird, you agree that we shall have the right to include your Content on such materials created or ordered prior to your removal of such Content from Cowbird or your termination of your account with us.
Your License to Users of the Cowbird Services. By default, Cowbird makes the Content that you submit available under the Creative Commons Attribution-NonCommercial-ShareAlike License. This means that others are free to remix and reuse your content, for non-commercial use, as long as they provide attribution to you. However, you are also free to choose more or less restrictive licenses under which to release your Content, and you can make this choice on a story-by-story and image-by-image basis, by using a tool in Cowbird that lets you choose another license to apply to your Content. However, no matter what license you choose to make your Content available to other users, it will not change the license that you have granted to Cowbird set forth in the paragraph above in these Terms.
Cowbird is Public. You understand and agree that when submitting your Content to Cowbird, you are making such Content publicly available, and while we may be able to cease our further distribution of certain Content, we do not have the ability (or obligation) to control what others may do with the Content once it becomes available through Cowbird.
You agree not to use Cowbird in any way that is in breach of the Cowbird Etiquette. Violation of the Cowbird Etiquette may result in termination of your rights to Cowbird.
By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to us, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to your Feedback; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to your Feedback already under consideration; (e) when you provide your Feedback, you are granting us an irrevocable, royalty-free, perpetual non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit the Feedback in connection with Cowbird; and (f) you are not entitled to any attribution, compensation or reimbursement of any kind from us under any circumstances.
You may terminate your use of Cowbird at any time by deleting your account. We have the right to suspend or terminate your account and to refuse any and all current or future use of Cowbird (or any portion thereof) at any time for any reason, including because (i) you gave inaccurate information in your registration (ii) you violated these Terms, (iii) requests by law enforcement or other government agencies, and/or (iv) discontinuance or material modification to Cowbird (or any part thereof). All such terminations, limitations of access and suspensions shall be made in the Company's sole discretion and we shall not be liable to you or any third party for any termination of your account, or access to Cowbird.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through Cowbird, your use of Cowbird, your violation of these Terms, or your violation of law or any rights of another.
You expressly understand and agree that your use of Cowbird is at your sole risk. To the fullest extent permitted under applicable law, Cowbird is provided on an "as is" and "as available" basis. The Company and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company and its affiliates, make no warranty that (i) Cowbird or Content therein will meet your requirements or are accurate; (ii) Cowbird will be uninterrupted, timely, secure or error-free; and (iii) the quality of any products, services, information or content, purchased or obtained by you through Cowbird.
You expressly understand and agree that the Company and its affiliates shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use Cowbird; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to, or alteration of, or loss of your Content; (d) statements or conduct of any third party on Cowbird; or (e) any other matter relating to Cowbird. You agree that the Company and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of links to other sites and services on Cowbird. Cowbird does not endorse any third-party site as well as the information, materials, products, and services available through such sites.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you and you may have additional rights or remedies.
We may provide you with notices, including those regarding changes to the Terms, including by but not limited to email and/or postings on Cowbird. Such notices may not be received if you violate these Terms by accessing Cowbird in an unauthorized manner. Your agreement to these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Cowbird in an authorized manner.
You and the Company each agree that these Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and the Company, shall be brought exclusively in the courts located in the county of San Mateo, California or the U.S. District Court for the Northern District of California. You and the Company agree to submit to the personal jurisdiction of the courts located within the county of San Mateo, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you and the Company nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that your Cowbird account is non-transferable. Cowbird may freely assign these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You may contact us by emailing Cowbird at
and/or contacting us by mail at:
P.O. Box 235
Shelburne, VT 05482 USA
Attn: User Contact