Terms and Conditions of Use and Privacy Policy

General, “plain speak” overview: The content of this Website either belongs to the Highland Lakes Birding and Wildflower Society (HLBWS), or is posted here with permission of original sources, and you may not copy, reproduce, repost or in any other way reuse the content for personal or proprietary gain or any other non-educational purposes without written authorization by HLBWS. By using this website, you agree to accept “cookies” on your personal devices so that 1) you can have the best user experiences and 2) HLBWS and its website host, Squarespace.com, can maintain data about the website’s traffic. You agree to comply with all applicable terms of use established by HLBWS and, therefore, by Squarespace.com. You agree to comply with all applicable federal and state laws with regard to acceptable use and to hold HLBWS harmless in the unlikely event of any damage or harm to you or your personal devices. You must be at least 13 years of age to use this Website. The legal language is shown below and is subject to periodic updating.

1. Your Acceptance of these Terms and Conditions and HLBWS’s Policies

Thank you for visiting the hlbws.com website (referred to in the rest of this document as the “Website”). By using and/or visiting the Website, you agree to these Terms and Conditions of Use and Privacy Policy, as they may be amended from time to time. If you do not agree to any of these terms, please do not use the Website.

2. The Website

The Highland Lakes Birding and Wildflower Society (“HLBWS,” “us,” “we,” “our”) hereby grants you permission to use the Website, provided that you use the Website solely for your personal, noncommercial use and in complete compliance with the terms and conditions set forth herein. HLBWS hereby grants you permission to make one copy of any part of the Website in any medium to use for your personal, noncommercial use, but you must obtain HLBWS’s prior consent to make additional copies, to distribute any copies or to publicly display any of the information provided on the Website.

3. Restrictions on Use

You agree not to use or launch any automated system, including without limitation, robots, spiders or offline readers, that accesses the Website in a manner that sends more request messages to the servers hosting the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, HLBWS grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. HLBWS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit any users of the Website for any commercial purposes.

4. Links to Third Party Websites

The Website contains links to third party websites that are not owned or controlled by HLBWS. Thus, HLBWS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve HLBWS from any and all liability arising from your use of any third party website. Accordingly, HLBWS encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

5. Intellectual Property Rights

The content on the Website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein, are owned by, licensed to or approved for use by HLBWS, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HLBWS reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for personal, noncommercial use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

6. The Information that HLBWS Collects Through the Website

HLBWS, by way of its Website host Squarespace.com, collects several kinds of information about the users to the Website.

User Provided Information: You may provide certain personally identifiable information (such as your name and email address) to HLBWS when choosing to participate in various activities on the Website, such as submitting content through our “Contact Us” form or any other interactive portion of our Website. (Please note that you may choose not to provide personally identifiable information through the Website, in which case we may not be able to provide certain services or functionality to you.)

Cookies Information: When you visit the Website, we and/or Squarespace.com may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Website may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser. If your personal information changes (such as your email address), or if you wish to have your information removed from our database, contact us and we will correct, update or remove that personal data provided to us. Please note: statutory requirements in some places dictate that log file information cannot be gathered from persons aged 13 and under. You must be over the age of 13 to use the Website. If we become aware of any users under the required minimum age, we will remove the personal data associated with that user.

7. The Way HLBWS Uses the Information It Collects

If you submit personally identifiable information to us through the Website, we use your personal information to operate, maintain, and provide to you the features and functionality of the Website. In addition, we may send you emails in response to your requests or other communications about our work and/or the issues that are important to us.

If you submit content for posting on the Website through the interactive feature(s) of the Website, we may post or publicly disclose any personal information that is contained within such content. For example, if you submit a story about your personal experiences for posting on the Website, we have the right to post the personal information that you include in your story. We may also identify you, your hometown and your age in connection with your posting, unless you instruct us otherwise at the time of submission. For example, we may identify the person who posted a particular story as Joseph Smith, age 49, from Horseshoe Bay, Texas, unless you instruct us at the time you submit your content that you do not want to be identified by all this information. You may instead ask that we identify you as Joseph S., age 49, from Horseshoe Bay, Texas, or J. Smith, age 49, or J. Smith from Horseshoe Bay, or even only Joe from Texas or “an HLBWS member”. In addition, if you submit a photograph in connection with your posting, you represent that you have the right to submit the photograph to us and that we can use the photograph in connection with your submission.

We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.

We use cookies and log file information to monitor the effectiveness of our Website, to monitor aggregate metrics, such as total number of visitors, and pages viewed, and to track your entries and submissions.

8. When HLBWS Discloses Information

We do not share your personally identifiable information (such as name or email address) with third parties without your consent.

We do share non-personally-identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.

We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.

HLBWS also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that HLBWS believes, in good faith, is appropriate or necessary to enforce the terms and conditions set forth herein, to take precautions against liability, to investigate and defend itself against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Website, and to protect the rights, property, or personal safety of HLBWS, our users or others.

9. Posting Material to the Website

HLBWS welcomes your use of interactive areas of the Website. By submitting content to us for posting on the Website (including, without limitation, text, illustrations, photographs and/or videos), you agree to the terms and conditions contained herein. You agree not to submit anything to or through the Website that is defamatory, constitutes an invasion of privacy or publicity, violates the intellectual property rights of any third party, or is otherwise unlawful. You understand that HLBWS has the right to refuse to post your content if, in our sole discretion, we believe that your posting is inappropriate, indecent or otherwise objectionable. HLBWS does not control and accepts no responsibility or liability for any third party content posted on the Website by you or any third party.

You retain all copyright rights in the content that you submit for posting on the Website. However, by authorizing HLBWS to post your content to the Website, you grant HLBWS and, therefore, Squarespace.com a perpetual, nonexclusive, royalty-free right to reproduce, distribute, display, publish, adapt and otherwise use your content for any purpose in any media, including the right to use the name, age and location submitted with such posting. (As stated above, if you do not want your full name, age and location used in connection with your posting, you need to state the extent of disclosure that you would permit at the time of your submission. We will honor your request if it is stated clearly and sent to us with your submission.)

You represent and warrant that (a) you own or otherwise control all of the rights to the content that you submit for posting, or you otherwise have the right to submit for posting such content to the site and to grant the rights granted herein; (b) the information you supply is true, accurate and not misleading; and (c) the use and posting of the content you supply does not violate these rules and will not violate any rights of or cause injury to any person or entity and will not violate any laws. In addition, you agree to indemnify the HLBWS, and their directors, officers and volunteers, for all claims, losses and damages (including reasonable attorneys’ fees) that may arise out of any alleged breach of the foregoing representations and warranties.

Any use of the Website in violation of these terms and conditions may result in, among other things, termination or suspension of your rights to post content to the Website.

10. Takedown Provisions

If you believe that materials that have been posted on the Website have copied your work in a way that constitutes copyright infringement, please provide the HLBWS webmaster the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  • A description of the copyrighted work that you claim has been infringed.

  • A description of where (by URL and physical description) the material that you claim is infringing is located on the Website.

  • Your address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

HLBWS can be contacted at HLBWS/Webmaster, P.O. Box 386, Spicewood, TX 78669.

Upon our receipt of a takedown notice materially complying with all of these requirements, we will remove, or cause to be removed, the identified materials. The individual that had submitted such materials will then have an opportunity to demand reposting. You will receive notice of such if the individual properly requests reposting. HLBWS will not accept third party materials from repeat offenders.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HLBWS, ITS OFFICERS, MEMBERS AND VOLUNTEERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HLBWS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HLBWS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HLBWS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. Limitation of Liability

IN NO EVENT SHALL HLBWS, ITS OFFICERS, MEMBERS OR VOLUNTEERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HLBWS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT HLBWS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. Indemnity

You agree to defend, indemnify and hold harmless HLBWS, its officers, members and volunteers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit for posting on the Website violates any third party right or any law.

14. Ability to Accept these Terms and Conditions of Use and Privacy Policy

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use and Privacy Policy, and to abide by and comply with these Terms and Conditions of Use and Privacy Policy. In any case, you affirm that you are at least 13 years of age, as the Website is not intended for children under 13.

15. Our Commitment to Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, HLBWS does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Website from persons under 13 years of age, and no part of our Website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Website at any time or in any manner. If HLBWS learns that personally identifiable information of persons under 13 years of age has been collected on the Website without verified parental consent, then HLBWS will take the appropriate steps to delete this information.

16. In the Event of Bankruptcy, Organizational Dissolution, or Merger

These Terms and Conditions of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HLBWS without restriction. In addition, in the event that HLBWS is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, dissolution, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

17. General

These Terms and Conditions of Use and Privacy Policy shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws rules. Any claim or dispute between you and HLBWS that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Burnet County, TX. These Terms and Conditions of Use and Privacy Policy and any other legal notices published by HLBWS on the Website shall constitute the entire agreement between you and HLBWS concerning the Website. If any provision of these Terms and Conditions of Use and Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and HLBWS’s failure to assert any right or provision under these Terms and Conditions of Use and Privacy Policy shall not constitute a waiver of such right or provision.

18. Changes and Updates to these Terms of Service and Privacy Policy

This Terms and Conditions of Use and Privacy Policy may be revised periodically, and this will be reflected by the date below. Please revisit this page to stay aware of any changes. Your continued use of the Website constitutes your agreement to this Terms and Conditions of Use and Privacy Policy and any future revisions. Please note that, in general, we only use your personal information in the manner described in the privacy policy in effect when we received the personal information you provided, unless we obtain additional permissions from you regarding such use.

19. Contact Us

If you have any questions about the Website or these Terms and Conditions of Use and Privacy Policy, please contact us at:

HLBWS/Webmaster
P.O. Box 386
Spicewood, TX 78669

Email: hlbwstx@gmail.com

 

December 9, 2020