"LEARNBIRDS" END USER LICENCE AGREEMENT
1. DEFINITIONS
1.1. The term "Software" as used in this agreement embodies the system contained in online product LearnBirds including all its derivatives, together with any updates subsequently supplied by The Royal Society for the Protection of Birds (registered charity number 207076), hereafter called the RSPB. RSPB Sales Ltd (The trading subsidiary of the RSPB) is Registered in England. Company registration no. 2693778. The Lodge, Sandy, Bedfordshire SG19 2DL. Telephone: 01767 693240. Email learnbirds@rspb.org.uk
1.2. The term "Software Copies" means the actual copies of all or any portion of the Software, including backups, update, merged or partial copies permitted hereunder or subsequently supplied by the RSPB.
1.3. The term "Content" means the information and materials contained in the online product LearnBirds. The Content includes but is not limited to: educational materials, downloadable computer files, pictures, maps, online books, information and guidance help and support.
1.4. The term "Related Materials" includes all of the printed and CD-Rom materials provided by the RSPB for use with the Software.
1.5. "The Work" means the online database and system service entitled LearnBirds produced by the RSPB.
1.6. "Downtime" means any service interruption in the availability to the online system on the internet;
1.7. "The Services" means web hosting, email, online discussion forums and any other services or facilities provided by the Supplier as part of the LearnBirds product
1.8. "Spam" means sending unsolicited and/or bulk emails;
1.9. "Virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses".
1.10 A “cookie” is a very small text file placed on your computer's hard disk (by a website server) when you visit certain web pages. It is associated with the computer you use, not you personally, and it cannot deliver viruses.
1.11 The RSPB includes staff, volunteers including mentors, or third parties contracted to work on LearnBirds.
2. GRANT OF LICENCE
2.1. The licence hereby granted is a non-exclusive, non-transferable licence. This licence gives you certain limited rights to use the internet service, Software, Software Copies and Related Materials. You do not become the owner and The RSPB retains all copyright and intellectual property rights and title to all the Software, Software Copies and Related Materials. In accepting this licence, you agree to make reasonable efforts to protect the Software from unauthorised use, reproduction, distribution or publication. All rights not specifically granted in this licence are reserved by The RSPB.
2.2. By registering for the LearnBirds service, you make an offer to us to purchase the license or the "package" of licenses that you have selected. A binding agreement shall be formed between the RSPB and you for the purchase of the licence or licences when the RSPB accepts your order and sends you a confirmation message, subject to your statutory rights, including the Distance Selling Regulations.
The above licence is granted subject to the following:
3. PAYMENT AND DURATION
3.1 The licence granted herein shall continue for a subscription period of fourteen calendar months from the date you purchased the licence.
3.2 You agree to pay all charges for the LearnBirds service, as agreed at the time of registration, for your licence or licences. Refunds will be at the discretion of the RSPB.
3.3 If you wish to continue using the software beyond the date of your licence's expiration, you must extend the licence by purchasing at least another year's subscription.
4. PERMITTED USES
4.1. You may:
4.1.1. access the Software and information online.
4.1.2. load the Software into your computer's temporary memory (RAM).
5. USES NOT PERMITTED
5.1 You may not:
5.1.1. make copies of the Software, except as permitted above.
5.1.2. make copies of the Related Materials, unless otherwise agreed in writing with The RSPB.
5.1.3. make copies of any portion of the Content, or distribute the Content to any unlicensed third parties. All rights of copyright and any other intellectual property rights in the Software are reserved by the RSPB.
5.1.4. use the Software in a multiple user arrangement unless you pay for and obtain a licence that reflects such an arrangement.
5.1.5. rent, lease, loan, sub-license, or transfer the Software, Software Copies, Related Materials, or your rights under the licence.
5.1.6. alter, decompile, disassemble, or reverse-engineer the Software, or make any attempt to unlock or bypass the copy-protection system used on the LearnBirds.
5.1.7. remove or obscure the RSPB copyright and trademark notices and those of its third parties where they are included within the product.
6. BREACH OF AGREEMENT
6.1 In the event of a breach of this agreement, The RSPB can terminate this licence by notifying you in writing. You will then be required to return all Software Copies and Related Materials.
7. WARRANTIES OF THE RSPB
7.1 The RSPB hereby warrants and represents that:
7.1.1 the RSPB's performance of the Work pursuant to this agreement will not violate any agreement or obligation between The RSPB and a third party.
7.1.2. the Work will either be originally created by The RSPB or that The RSPB will obtain all necessary rights to the Work.
7.1.3. the Work will not infringe any copyright, patent, trade secret or other proprietary right held by any third party and The RSPB will obtain waivers of all moral rights which may be claimed in the Work to the extent permitted by law.
7.1.4. the Work will not be libellous or violate any rights of privacy and/or publicity of any third party.
7.1.5. the RSPB will take all reasonable steps to ensure that no instructions, advice or information contained in the Work will cause physical illness, injury or death to the end user.
7.1.6. all services provided by The RSPB in connection with the Work will be performed in a professional manner and shall be of a high standard, nature and quality; and
7.1.7. all obligations with respect to the Work including but not limited to all salaries, royalties, licence fees, residuals, deferments, service charges, fees for artwork and other creative materials and other similar payments (hereinafter collectively called "Fees") have heretofore been or will be fully paid.
7.1.8. the RSPB has the full right and power to enter into and perform according to the terms of this Agreement.
7.1.9 where the Content, the Work or the Software is shown to contain inaccuracies or errors, the RSPB will endeavour to correct these inaccuracies or errors within 90 days, to the extent that the RSPB deem such endeavours or corrections reasonable and practicable.
7.1.10. the representations, warranties and covenants contained in this Section are continuous in nature and shall be deemed to have been given by The RSPB at execution of this Agreement at each delivery of an Instalment of the Work. These representations, warranties and covenants shall survive termination or expiration of this Agreement.
8. EXCLUSIONS TO WARRANTY
8.1. While The RSPB shall obtain information for inclusion in the Work from sources which The RSPB considers reliable neither The RSPB nor its sources guarantee the accuracy and/or completeness of the Work or any data included therein. Neither The RSPB nor its sources shall have any liability for any errors, omissions or delays in the Work. The RSPB and its sources make no warranty, express or implied as to results to be obtained by any person or entity from the use of the Work or any data included therein. The RSPB and its sources make no express or implied warranties of quality or fitness for any particular purpose or use with respect to the Work or Content or any data included therein.
8.2. The warranty does not cover material lost, stolen or damaged by accident, unauthorised modifications or misuse;
8.3. The RSPB makes no other warranty, express or implied, to you or to any other person or entity. Specifically, The RSPB makes no warranty that the Software is fit for a particular purpose. Any implied warranty is expressly and specifically excluded and disclaimed so far as such exclusion or disclaimer is permitted under the applicable law.
8.4. You shall be responsible for ascertaining the fitness and suitability of the LearnBirds for your purposes, and assume the entire risk of using the Software and the Content.
8.5. Except for death or personal injury and except as is hereby expressly warranted The RSPB exclude all liability howsoever arising for any loss or damage howsoever sustained, from the use of this product. The RSPB will not be liable for special, incidental, consequential, indirect or other similar loss or damage even if The RSPB or its agents have been advised of the possibility of such damage.
8.6. The RSPB have taken care to ensure that the Content is accurate and free from errors. However the RSPB does not warrant the accuracy or completeness of any of the Content. To the extent permitted by law, the RSPB assumes no liability for any claims, losses or damages, direct or indirect, and without limitation, that result from the use of the Content, regardless of whether such claims, losses or damages result from any error or omission, and regardless of whether any such errors or omissions result from negligence, accident, or any other reason.
8.7. In no event will The RSPB's liability for any damage to you or any other person ever exceed the price paid for the licence to use the Software, regardless of any form of claim.
8.8. Any statements, warrantees or representations made in addition by agents, employees, distributors and dealer advertising or presentations, do not constitute warranties by The RSPB, do not bind The RSPB, and should not be relied upon.
9. SERVICE LEVELS
9.1. The Supplier shall use its reasonable endeavours to make the server and the Services available to the Customer 99.00% of the time but because the Services are provided by means of computer and telecommunications systems, the Supplier makes no warranties or representations that the Service will be uninterrupted or error-free and the Supplier shall not, in any event, be liable for interruptions of Service or downtime of the server.
9.2. From time to time, the RSPB may suspend the operation of LearnBirds for upgrade or maintenance work, and make changes to the Service or Content without prior notice.
10. SUBMISSION OF DATA
10.1 You assume sole responsibility for ensuring that you have obtained the relevant permissions for any and all data you submit to the LearnBirds Service. This shall include, but not be limited to copyright permissions for any data submitted to mentors, activity logs and discussion forums and permission to submit any personal data for use in the user registration section of LearnBirds. Any such data will be handled by the RSPB in accordance with our Privacy Policy. You assume sole responsibility for ensuring that the subjects of any personal data that you submit to the service are aware of how it will be used, as set out in the RSPB's privacy policy.
11. PRIVACY AND SECURITY
11.1 The RSPB is committed to protecting your privacy and security. Whenever you provide personal information, we will treat that information in accordance with this policy, current UK Data Protection legislation and Internet best practice.
11.2 Registration with LearnBirds requires consumers to provide personal information (eg name and address, e-mail address). This information will be used only by RSPB and RSPB Sales Limited to administer the LearnBirds service - we never sell your details to anyone else.
11.3 LearnBirds is aimed at adults over the age of 18. While much of the content may appear suitable for younger consumers, it is not designed for them. The RSPB will not accept payment for LearnBirds for anyone under the age of 18 years.
11.4 The LearnBirds website uses cookies. If you disable the use of cookies in your browser, we cannot guarantee that all parts of the site will work.
11.5 All LearnBirds forms that request credit card or bank details use the SSL (secure sockets layer) protocol for encryption.
11.6 LearnBirds contains hyperlinks to other websites. This information is supplied in good faith, in case it is of interest, or use, to LearnBirds consumers. The RSPB is not responsible for the content or functionality of any of these external websites.
12. ACCEPTABLE USE POLICY
12.1 The website and use of the services are available only to people aged over 18 years on their date of registration.
12.2 The Website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
12.2.1 use the Services or the Website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
12.2.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
12.2.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights, via the Services or on the Website;
12.2.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
12.2.5 engage in illegal or unlawful activities through the Services or via the Website;
12.2.6 make available or upload files to the Website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
12.2.7 obtain or attempt to obtain access, through whatever means, to areas of the Supplier's network or the Services which are identified as restricted or confidential.
12.3 If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 12.2 the Supplier shall be entitled to withdraw the Services and terminate the Customer's account.
13. GENERAL
13.1. Please note before ordering that given the nature of the Software and the Work, it will be assumed that you are ordering in the capacity of an individual consumer.
13.2. This agreement contains our entire understanding and agreement regarding the Software, Software Copies and Related Materials, and supersedes any prior purchase order, communications, advertising or representations.
13.3. This licence may be modified only in a written amendment signed by an authorised officer of The RSPB. If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, it shall be deemed severable from, and shall in no way affect the validity or enforceability of the remaining provisions of this agreement. This agreement shall be governed and construed in accordance with the laws of England and you acknowledge that you have read every provision of this contract.