Before viewing the website
www.hornbyeagles.com, the forum
www.ournaturezone.com, any webcam streamed
or embedded, or using the chat room
http://www.hornbyeagles.com/chatpage_wildearth.htm,
please read the following terms carefully.
HEGPS may revise these Terms from time to time.
After we post changes to these Terms, your
viewing and use of the Hornby Eagles website,
forum live cam, and chat indicates that you
accept all changes.
Disclaimer
The Hornby Eagle Group Projects Society
(hereafter referred to as HEGPS) is providing
this website and its contents, as well as
associated forum and live chat, on an "as is"
and "as available" basis. In this document, the
term “website” shall be taken to include all
associated content at
www.ournaturezone.com.
HEGPS makes no representations or warranties of
any kind, either express or implied, including
but not limited to (1) the availability,
accuracy, completeness or reliability of this
website or the content available on this site,
(2) that access to the site will be
uninterrupted, timely, secure or error free, or
that any software defects will be corrected, (3)
the camera and equipment’s span of sight of the
nest, eagles or surroundings, and (4) the
implied warranties of fitness for a particular
purpose and non-infringement.
Structure and availability of information are
subject to change without notice. HEGPS shall
not be liable for any damages arising out of or
in connection with the use of this site. This is
a comprehensive limitation of liability that
applies to all damages of any kind, including
(without limitation) compensatory, direct,
indirect, consequential, special, or incidental
damages resulting from the access to or use of
the site.
Unless otherwise indicated on this website (see
Terms of Use & Copyright section), you may
display, download, archive, reformat and print a
single copy of any information on this website
for personal use.
The performance of this website and all
information contained on, downloaded or accessed
from this website are provided to you on an "as
is" basis, without warranties of any kind
whatsoever, including any implied warranties or
warranties of merchantability, fitness for a
particular purpose or non-infringement of the
rights of third parties. HEGPS shall not be
responsible for any problems or technical
malfunction of any telephone network or lines,
computer on-line systems, servers, Internet
access providers, computer equipment, software,
or any combination thereof including any injury
or damage to your or any other person's computer
as a result of using this website.
Use of this website is offered to you on your
acceptance of these Terms of Use. Your use of
this website or of any content presented in any
and all areas of the website indicates your
acknowledgment and agreement to these Terms of
Use and other notices posted on this website. If
you do not agree to be bound by and comply with
all of the foregoing, you may not access or use
the Hornby Eagles website, information,
services, forum, live cam or chat.
HEGPS shall have the right, with sole
discretion, to modify, add or remove any terms
in these Terms of Use without notice or
liability to you. Any changes to these Terms of
Use shall be effective immediately following the
posting of such changes on this website. The
most recent version of these Terms of Use may
always be found by following a link on the home
page to (
http://www.hornbyeagles.com).
You agree to review these Terms of Use from time
to time and agree that any subsequent use by you
of the Hornby Eagle website, information,
services, forum or webcam constitute your
acceptance of all such changes.
HEGPS reserves the right, at its sole
discretion, to modify, disable access to or
discontinue, temporarily or permanently, any
part or all of this website or any information
contained thereon without liability or notice to
you.
As a visitor to our website, you acknowledge and
agree that any reliance on or use by you of any
information available on this website shall be
entirely at your own risk. In no event shall
HEGPS be liable for any direct, indirect,
consequential or exemplary damages arising from
the use or the performance of this website, even
if HEGPS or such provider has been advised of
the possibility of such damages.
User Conduct and Obligations
You agree to follow all applicable laws and
regulations when using the Hornby Eagles website
and associated cam, forum and live chat.
Furthermore, you agree that you shall not
upload, post or otherwise transmit through or to
this website any content that:
1. Is unlawful, abusive, threatening, harmful,
obscene, lewd, offensive, defamatory or
otherwise objectionable;
2. Speaks disparagingly of or maligns any
member of HEGPS;
3. Might infringe the intellectual property
rights, privacy rights, rights of publicity, or
other proprietary rights of others;
4. Contains any viruses, trojan horses, time
bombs, or any other harmful programs or
elements;
5. Disrupts, places unreasonable burdens or
excessive loads on, interferes with or attempts
to gain unauthorized access to any portion of
our website, its computer systems, servers or
networks;
6. Transmits junk mail, chain letters, or
other unsolicited bulk e-mail or duplicative
messages;
7. Collects information about other visitors
to the Hornby Eagle website, forum, webcam and
chat without their consent or otherwise
systematically extract data or data fields,
including without limitation any financial data
or e-mail addresses;
8. Sells access to or the use of this website,
forum or webcam, including any content contained
on, downloaded or accessed from the website,
forum or webcam;
9. Redistributes any content provided by HEGPS
in any manner whatsoever including by means of
printed publication, fax broadcast, web pages,
e-mail, web newsgroups or forums, or any other
electronic or paper-based service or method;
10. Intentionally alters the format in which
data is provided or otherwise circumvents HEGPS’
regular interfaces to such data;
By uploading, posting or otherwise transmitting
through or to the Hornby Eagle website, forum,
webcam and chat any content, you grant to us,
our successors and assigns, a non-exclusive,
world-wide, royalty free, perpetual,
non-revocable license to use or distribute such
content in any manner, unless such material is
protected by individual copyright.
Indemnification by User
You agree to indemnify, defend and hold HEGPS
harmless from any loss, liability, claim,
demand, damage, or expense (including reasonable
legal fees) asserted by any third party relating
in any way to your use of this website or breach
of these Terms of Use. HEGPS reserves the right
to assume the exclusive defense and control of
any matter subject to indemnification by you,
which shall not excuse your indemnity
obligations.
Third Party Websites, Content and Products
and Services
Links or pointers to other websites and
references to products and services offered by
third parties are provided to you for
convenience only and do not constitute an
endorsement or approval by HEGPS of the
organizations that operate such websites; the
content, privacy policies or other Terms of Use
on such websites; or such third party products
and services. As we have no control or
responsibility over websites or content
maintained by other organizations, or for
products and services offered by third parties,
HEGPS does not assume any liability for your use
of any of the foregoing, which use you
acknowledge and agree shall be at your own risk.
Proprietary Rights
The Hornby Eagles Projects Society, Hornby Eagle
Group, HornbyEagles.com, the Eagles of Hornby
Island, the Eagles of Hornby Island Eagle Chat,
OurNatureZone.com and other identifying marks of
the website are and shall remain the trademarks
and trade names and exclusive property of HEGPS,
and any unauthorized use of these marks is
unlawful. Other trademarks on the Hornby Eagle
website, forum, webcam and chat are the property
of their respective owners. All content on this
website, including without limitation all
programs, complied binaries, interface layout,
interface text, documentation and graphics,
including their design for both the onscreen and
printed version layouts is the copyrighted
property of HEGPS and is protected by
international copyright law. The content on the
Hornby Eagles website, forum, webcam and chat
may be used by you only for your personal,
non-commercial use as provided for in these
Terms of Use, but may not be taken out of
context or presented in a misleading or
discriminatory manner. Any rights not expressly
granted to you are reserved by HEGPS.
Terms of Use & Copyright
Hornby Eagles website, forum, webcam and chat
are owned by HEGPS. Any copy, photo,
transference or use of the copyrighted pictures
and materials are allowed provided adherence to
the Terms of Use.
HEGPS holds the license, privilege and all
financial claims and all other rights in the
copyright, trademark, descriptions including
without limitation the right to copy and
distribute.
Note that all pictures and videos taken from
the Hornby Island Eagles cam
for 2010 and 2011 seasons
are owned by HEGPS and Doug & Sheila Carrick,
and are used by all members of HEGPS with
their full permission.
Please acknowledge the copyright, “© HEGPS/Doug
Carrick, all rights reserved".
FURTHERMORE, if any unauthorized use of
the Hornby Eagles forum, website, cam(s) and
chat results in financial gain, in any way, the
user agrees to pay HEGPS the monies gained and
cease and desist the use of the materials.
General
If any court having competent jurisdiction holds
any provision of these Terms of Use invalid or
unenforceable in any respect, such provision
shall be enforced to the maximum extent
permitted by law, and the remaining provisions
of these Terms of Use shall continue in full
force and effect. No waiver of any provision of
these Terms of Use shall be deemed a further or
continuing waiver of such provision or any other
provision of these Terms of Use.
You agree that these Terms of Use and other
notices posted on this website have been drawn
up in English. Although translations in other
languages of any of the foregoing may be
available, such translations may not be up to
date or complete. Accordingly, you agree that in
the event of any conflict between the English
language version of the forgoing and any other
translations thereto, the English language
version of this document shall govern.