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.
         
 

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.