Acceptable Use Policy

Acceptable Use Policy

birdspot.co.uk is a website (“Site”) operated by BirdSpot (“We”, “Our”, “Us”).

To contact us email us at hello@birdspot.co.uk.

By using our site you accept these terms

By using our site you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our terms of use also apply to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in November 2019.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any local, national, or international law or regulation.  
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material, or any other form of similar solicitation (spam).
  • To knowingly transmit data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs, or similar computer code designed to adversely affect the operation or any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy, or re-sell any part of our site in contravention of the provisions of our terms of use.
  • Not to access without authority, interfere with, damage, or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision or our site; or,
    • any equipment or network or software owned or used by any third party.

Interactive services

From time to time we may provide interactive services on our site, including, but not exclusively:

  • Forums          
  • Comment boxes
  • Webchat

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it’s not moderated, and what form of moderation is used (including whether it’s human or technical).

We’ll do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we’ll decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we’re under no obligation to oversee, monitor, or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it’s important they communicate with their children about their safety online, because moderation isn’t foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we’ll normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all materials which you contribute to our site and to any interactive services associated with it.

The Content Standards must be complied with in spirit, as well as to the letter. The standards apply to each part of any contribution as well as to its whole.

We will determine, at our discretion, whether a contribution breaches the Content Standards.

A contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it was posted.

A contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful, or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any copyright, database right, or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty, or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with another person.
  • Give the impression that the contribution emanates from Eloy, if this is not the case.
  • Advocate, promote, or incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that member of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate

Failure to comply with this acceptable use policy constitutes a material breach of our terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary, or permanent withdrawal of your right to use our site.
  • Immediate, temporary, or permanent removal of any contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for the reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

The terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you’re a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you’re resident of Scotland, you may also bring proceedings in Scotland.

November 2019