About Birds App Terms of Use

Last Updated: November 8, 2024

1. Acceptance of Terms

Welcome to the About Birds application and related services provided by our company (hereinafter referred to as "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our services, including the About Birds app, other animal recognition mini-programs, and our websites https://aboutbirds.app and https://dongniao.net (collectively, the "Services"). Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please discontinue use of the Services immediately. If you are under the age of 18, please do not use or access our Services.

2. Description of Services

  1. Service Content: We provide a range of digital services for bird and other animal recognition, including but not limited to the About Birds app, animal recognition mini-programs, and our official websites. Our Services aim to offer users convenient animal identification and related information query functions.
  2. Accuracy Disclaimer: While we strive to ensure the accuracy and reliability of identification results and the information provided, we cannot guarantee their absolute correctness. We make no express or implied warranties regarding the accuracy, completeness, or reliability of the identification results or the information provided. You should exercise your own judgment regarding the applicability of the identification results and information when using our Services.
  3. Limitation of Liability: You agree not to use the identification results and information provided by our Services as a basis for any civil or commercial activities (especially those involving the consumption of animals or the purchase of goods). Any risks and losses resulting from reliance on the identification results or information are solely your responsibility, and we bear no liability.

3. User Conduct

  1. Legal Use: You must comply with all applicable laws, regulations, and policies when using our Services. You agree not to use the Services for any illegal, infringing, or improper activities.
  2. User Behavior: You agree not to upload, publish, transmit, or store any content that:
  3. User Responsibility: You are solely responsible for any legal liabilities and losses resulting from your violation of the above provisions. We reserve the right to suspend or terminate your access to our Services.

4. Intellectual Property Rights

  1. Ownership of Content: All content within the Services—including but not limited to text, images, audio, video, software, technology, programs, and page designs—is protected by copyright laws, trademark laws, patent laws, and other relevant intellectual property laws. Such content is owned by us or the relevant rights holders.
  2. Limited License: Unless otherwise specified within the application, you are granted a limited, non-transferable, non-exclusive, revocable license to use the content provided by our Services for personal, non-commercial purposes, subject to these Terms. Without our prior written consent, you may not copy, modify, distribute, sell, lease, translate, adapt, compile, or otherwise exploit any content from the Services in any form.
  3. Effectiveness of Guidelines: Any guidelines, instructions, or help documents within the Services hold the same legal effect as these Terms. By using our Services, you agree to comply with these guidelines and instructions.

5. Use of User Content

  1. User Content: You may upload or submit content such as identification images, audio, and video during your use of the Services ("User Content"). You warrant that you have the legal rights to the User Content you upload and that it does not infringe upon any third party's intellectual property rights, reputation rights, privacy rights, or other legal rights.
  2. License Grant: By uploading User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, display, and distribute your User Content. This license applies to our Services and other products and services related to the Services.
  3. Use of Content: We may use your User Content for purposes such as improving service quality, enhancing user experience, and marketing. We commit to complying with relevant laws, regulations, and privacy policy provisions when using your User Content.
  4. Content Removal: If we receive a notice from a rights holder or have evidence that your User Content may infringe upon another's legal rights, we reserve the right to delete the relevant content without notifying you and may pursue legal action against you as permitted by law.

6. Privacy Policy

  1. Information Collection: We may collect your personal information and usage data during your use of the Services. Please refer to our Privacy Policy for specific methods and scope of information collection.
  2. Use of Information: We will use your personal information legally, appropriately, and as necessary in accordance with the provisions of the Privacy Policy. We commit to protecting the security of your personal information and will not disclose it to third parties without your consent unless required by law.
  3. Effectiveness of Privacy Policy: The Privacy Policy is an integral part of these Terms and holds the same legal effect. By using our Services, you agree to comply with both these Terms and the Privacy Policy.

7. Disclaimers

  1. Services Provided "As Is": The Services and all content therein are provided on an "as is" and "as available" basis. We make no express or implied warranties regarding the availability, timeliness, security, reliability, accuracy, completeness, continuity, or error-free nature of the Services.
  2. Risk Assumption: You understand and agree that you use the Services at your own risk. We are not liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the Services.
  3. Third-Party Links: The Services may contain links to third-party websites or services. These links are provided for user convenience only. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You should assess and bear the risks associated with using third-party services independently.

8. Limitation of Liability

To the maximum extent permitted by applicable law, our total liability for any damages arising from your use or inability to use the Services shall not exceed the amount you have paid (if any) to use the Services. This limitation of liability applies to any claims, whether based on contract, tort, or other legal grounds.

9. Modifications and Termination

  1. Amendments to Terms: We reserve the right to modify these Terms at any time. The revised Terms will be posted on the Services and will become effective immediately upon posting. Your continued use of the Services after any such modifications constitute your acceptance of the new Terms.
  2. Service Changes: We may modify, suspend, or terminate the Services or any part thereof at any time without prior notice. We are not liable for any inconvenience or loss you may suffer due to changes, suspension, or termination of the Services.

10. Governing Law and Dispute Resolution

  1. Governing Law: These Terms, their subject matter, and their formation are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"), without regard to its conflict of law principles.
  2. Dispute Resolution: Any disputes arising from or related to these Terms or the Services shall be resolved through friendly negotiations between the parties. If negotiations fail, either party may submit the dispute to the competent courts of Hong Kong.

11. Miscellaneous

  1. Entire Agreement: These Terms (including the Privacy Policy, guidelines, and instructions) constitute the entire agreement between you and us regarding your use of the Services and supersede any prior written or oral agreements.
  2. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
  3. No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
  4. Headings: The headings in these Terms are for convenience only and have no legal or contractual effect.

12. Contact Us

If you have any questions, comments, or suggestions regarding these Terms, please contact us:

13. Copyright Infringement Notification

If you believe that any content in our Services infringes upon your copyright, please contact our designated agent:

Your notification should include the following information, in accordance with 17 U.S. Code § 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including an address, telephone number, and email address;
  5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

14. Governing Law for Copyright Claims

Any copyright infringement claims or disputes shall be governed by the laws of the United States, specifically 17 U.S.C. § 512, and processed in compliance with the Digital Millennium Copyright Act (DMCA). However, all other matters relating to these Terms or the Services shall be governed by the laws of Hong Kong.

Thank you for using our Services!