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These terms were last modified on March 21st, 2008.

Notice: These Terms of Service were written for jbird.smfforfree4.com's use only. Any unauthorized reproduction in part or in whole constitutes a violation of copyright law. Any violators may be prosecuted to the fullest extent of the law.

Terms of Service Change History | Contact Information

You may obtain a written copy of the Terms of Service by sending a self addressed stamped envelope to:

Chris Ates
Jbird Scape TOS
116 Bellevue SW
Wyoming, MI 49548
Or Email us at jcrane164@yahoo.com, or shogg4@yahoo.com for he copy of the TOS

Definitions:
User - A registered or unregistered person accessing a page on Jbirdscape.
Member - A registered person on Jbirdscape.
Account - A set of data tied to a username created after a user has registered on a board.
Content - Posts, messages, links, email, uploaded files, usernames, or any other user created data.
Service - A message board (forum) provided by Jbirdscape.
Owner Account - The original member account available when a board is first registered.

All references to "owner", "board owner", "you", or "your" refer to the person who accepts these Terms of Service.

1 Accepting the Terms of Service:
By creating a Account on 'jbirdscape forums', you agree to be bound by these terms and conditions as well as the Terms of Use at all times and to any changes made to these terms thereafter. You must be at least thirteen (13) years of age in order to create an Account. Unauthorized underage users will therefore have their boards and accounts deleted without notice upon discovery.

2 The Service:
Jbirdscape is provided as-is with no guarantees for fitness for a particular use, usability, or availability. Accounts are never deleted for inactivity. There are no limits on the quantity of posts or members. You agree that Jbirdscape may add or change service limitations at any time, with or without notice. You may not distribute or modify the standard graphics, HTML, or CSS without written permission from Jbird, Prayer or Valhalla. You may not modify and/or remove any copyright notices or labels on the Service.

3 Content:
Your board must be in English. If you wish to have posts on your board a board in a language other than English, you must purchase ad removal. Jbirdscape does not guarantee that Content will be protected from loss, deletion, removal, or damage. Backups are the responsibility of the board owner.

3.1 Prohibited Content:
A board may not contain posts, uploads, links to, or send via email any Content that contains, promotes, gives instruction about, or provides prohibited Content (With out the permission from the 3 owners). As the creator of an jbirdscape account, you are responsible for ensuring that no prohibited Content exists on your posts and that no part of your posts violates the Terms of Service. Prohibited Content includes any Content that breaks any local, state, county, national or international law. Prohibited Content also includes: (a) Content that infringes upon any rights (including, but not limited to, copyrights and trademarks); (b) Abusive, threatening, defamatory, racist, or obscene Content; (c) Viruses or any other harmful computer software; (d) False information or libel; (e) Spam, chain letters, or pyramid schemes; (f) Gambling or Illicit drugs; (g) Terrorism; (h) Hacking or cheating for internet/online games; (i) Warez, Roms, CD-Keys, Cracks, Passwords, or Serial Numbers; (j) Pornography, nudity, or sexual material of any kind; (k) Excessive profanity; (l) Content that is invasive of privacy or impersonation of any person/entity; and (m) Hacking materials or information.
Repeat copyright infringers will have access to jbirdscape terminated.

3.2 Limited Content:
(a) Prohibited Content may not be transmitted to an Jbirdscape server; and (b) The format, quantity, and size of uploaded files and posts may be limited.

3.3 Content Screening:
Jbirdscape does not preview any Content transmitted but reserves the right to check any board for prohibited content. jbird has the right to access any board and its related Content and delete, edit, or restrict access to any Content. You agree that jbirdscape may disclose any Content to: (a) Fulfill what is required by law or is needed to comply with legal processes; (b) To prove a violation of these terms; or (c) To protect the rights (including copyrights), property, or personal safety of anyone. You understand and agree that any Content posted on Jbirdscape is the responsibility of the person who posted the Content and the board creator. You agree that jbirdscape is not responsible for and does not control or endorse Content posted to the Service or available through the Service. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of Content viewed on Jbirdscape. Jbirdscape is not responsible for any problems that may occur from reading, distributing, acting on, or using Content posted on Jbirdscape.

3.4 Rights to Posted Content:
Any content uploaded or posted to Jbirdscape may be displayed on a board by Jbirdscape. You grant Jbirdscape the right to display and store the Content you provide.

3.5 Advertising Content:
You may not place the following forms of advertising on your board unless you have purchased ad removal and are actively using it for all user groups: (a) Content-targeted Advertising; (b) Advertising that mimics or copies the look of AdSense advertising; (c) Pop-ups for downloads or that interfere with navigation of the board.
Any other type of advertising is allowed.

4 Enforcement of Terms of Service:
Jbirdscape has the right to access any area of any board. Jbirdscape may edit, delete, or restrict access to any Content/account/board or services as enforcement Terms of Service.

5 Termination of the Service:
You agree that Jbirdscape may delete your board or your account on any Jbirdscape board. Jbirdscape may ban your email address, username, IP Address or remove/change any Content from any board or from your account without notice or compensation. Your account or board may be deleted for any violation of the Jbirdscape Terms of Service or for any reason deemed necessary. Jbirdscape may not explain why your account/board/Content was deleted or edited.

6 Disclaimer of Warranties:
You agree and understand that: (a) Your use of any Jbirdscape service is at your own risk. Jbirdscape is provided as-is. Jbirdscape disclaims all warranties of any kind, whether express or implied, including, but not limited to, fitness for a particular purpose; (b) Jbirdscape makes no warranty that: (1) The Service will fit your needs and requirements; (2) The Service will be secure, error-free or uninterrupted; (3) The information acquired by using Jbirdscape will be accurate; (c) Any Content obtained through the use of Jbirdscape is used solely at your own risk and only you will be responsible for any damage that results from obtaining, following, or using any Content.

7 Limitation of Liability:
You understand and agree that Jbirdscape will not be liable for any damages, direct or indirect, resulting from use and/or inability to use the Service.

8 Exclusions And Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or liability for damages so some of Section seven (7) may not apply to you. However, you use Jbirdscape's Service at your own risk.

9 Legal Disputes:
These Terms of Service and your account with Jbirdscape will be over-seen by the laws of The United States of America. You agree that these Terms of Service are under the jurisdiction of the State of Maryland. You agree any legal filings or lawsuits must be filed in the State of Maryland.

10 Modification of the Terms of Service:
Jbirdscape reserves the right to change these terms at any time. All changes will be effective at the time they are posted. Your continued use of Jbirdscape will constitute your acceptance of any modifications made.

11 Enforcing the Terms of Service:
Jbirdscape's failure to enforce any part of these Terms of Service will not be seen as a waiver of any term or condition for any user.

12 Prohibited Behavior:
You may not remove/hide/alter any advertising on Jbirdscape.
You must pick a secure password and take reasonable measures to protect your account.
Your board can not contain harmful or disruptive html/javascript.
You may not send spam messages promoting your board.
Test boards must be set so they are not displayed in the directory.
Excessive hotlinking by sites not located on an Jbirdscape server of images hosted by Jbirdscape is prohibited.
Your board may not hotlink images from other websites without proper permission.
Attempting a chargeback or disputing a payment for which your board has received and/or used the service may result board closure.

13 Resale of the Service:
You agree not to sell any part of the Service or access to the Service.

14 Board Ownership:
The user that registers a board is considered the owner of the board. Ownership can be transfered to another user by providing the login information to the Owner Account. When the login information is given to another user you must provide a link to these Terms of Service. Only the Owner Account is considered the owner of a board with full privileges.

Jbirdscape GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR USE.

You agree to indemnify and hold Jbirdscape and its subsidiaries, affiliates, volunteers, and employees harmless from any demand made by anyone due to the Content you post to the Service, your use of the Service, or your violation of any law or these Terms of Service. Any claim arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after the cause arose or be forever barred.

Play the server:
JBIRDSCAPE.NO-IP.INFO

I Agree