Terms and Conditions
Thank you for visiting the SongBird Survival website.
Please read these terms and conditions carefully before using this site, or any of our sites.
If you do not accept these Terms please do not use this website, or any of our sites.
If you use the website, or any of our sites (including downloading or streaming from the website, or any of our sites) you will be bound by these Terms whether or not you have registered with us, and they will form a contract between you and us.
These Terms apply to the entire contents of this website, or any of our websites, to any downloaded or streamed content and to any correspondence between us and you.
Who we are
Access and use of this website, and any of our websites, is provided by SongBird Survival, a Company limited by guarantee and not having a share capital. Registered in England no 4078747. SongBird Survival is a registered charity no. 1085281
The Charity’s registered address is at 4b Church Street, Diss, Norfolk. IP22 4DD
References in these Terms to ‘SBS’ or 'we' or 'us' are to SongBird Survival.
Changes
We may change these Terms at any time, in which case the amended Terms will be posted on the website and will apply from the date we post them. Please check these Terms on each occasion you use our websites. If you continue to use our websites you will be bound by the latest Terms. The format and content of our websites changes constantly. You should refresh your browser each time you visit our websites to ensure that you access the most up to date version.
Accessing and using the website
Before accessing our websites you should obtain permission to do so from the internet service payer. We reserve the right in our sole discretion to deny any user access to our websites or any part of it without prior notice.
You agree to only use our websites in a manner that complies with all applicable laws and regulations and is consistent with the Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our websites (including, without limitation, by hacking).
Contributions
All content posted or submitted by users of our websites or by post, including but not limited to, stories, comments, suggestions and emails must comply with the following. Please read these rules carefully before contributing or submitting any material to us.
We are not responsible for contributions posted to our websites. These contributions express the views of the author of the contribution, not the views of SongBird Survival.
If you have a complaint about any content on this website, or any of our websites, please contact us immediately using the Contact Us link. To consider your complaint we need your name, company name if relevant, contact details (address, telephone number and email), details of the exact content complained of and details of why you are complaining about that content. Please note that no action can be taken without this information.
You must not post or transmit to our websites any material that is knowingly false or misleading; that is defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually-oriented, threatening or invasive of a person's privacy; which you do not own or for which you have not obtained all necessary licences and/or approvals; which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or entity.
We shall be entitled to reveal your identity (or any information which we have about you) if appropriate and in accordance with data protection legislation.
You agree to indemnify, defend, and hold harmless SongBird Survival and its trustees, directors, officers, employees and volunteers, from and against all liabilities, claims, demands and expenses arising out of any of your contributions which breach these Terms.
Any contributions you transmit or post to us shall be considered non-confidential. By transmitting or posting a contribution to us you represent that you are fully entitled to do so; grant us a non-exclusive, perpetual, non-terminable, worldwide, sub-licencable and royalty-free licence to copy, modify, distribute, show in public and create derivative works from that material in any form and anywhere for all commercial or non-commercial purposes related to our work; and authorise us to adapt the relevant material in the course of doing so and so waive all moral rights you have in your contribution to the fullest extent permitted by law.
Registration
If you want to make use of certain facilities available through our websites or to carry out certain actions (such as registering to obtain a newsletter, making a donation or membership donation, receiving/streaming regular podcasts or audio content, ordering a product or contributing comments to a discussion website) you must first register your details with us.
By registering, you certify that all information you provide in the registration is accurate. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Privacy
We take your privacy very seriously and will treat all of your personal information in accordance with all applicable data protection laws in England and Wales. Please read our Privacy Policy here.
Intellectual Property Rights
You acknowledge that all copyright, trademarks and other intellectual property rights in our websites and all photographs, designs, images, text, software, data, audio, video, files and other material in our websites or material generated by or transmitted from our websites are owned by us or our licensors. You are permitted to use our websites and any SBS material only as expressly authorised by us.
Provided you use our websites and SBS materials in accordance with these Terms you are permitted to print, download and receive extracts of SBS material ONLY for your personal non-commercial use and for private study or teaching purposes, provided in each case that: copyright and source indications are also printed and copied and/or stored in association with the extracts; no modifications are made to the extracts and extracts are not used as part of any other publication or derivative work; and any extract is retained, printed and/or copied entirely and is not used in a derogatory or misleading context and in particular, may not be used for the purpose of promoting, advertising, endorsing or implying a connection with you (or any third party) and SBS, its agents or employees.
The rights in the terms above are not transferable and no other use of SBS material may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission: incorporate any SBS material in any other work, broadcast or publication, whether in hard copy or electronic form; or make any commercial use or publish any SBS material (other than as necessary for the purpose of viewing or listening to the website, or any of our sites, in the course of business); or perform, broadcast or otherwise transmit, post, share or make available to the public any SBS material.
If you wish to use any SBS material other than in accordance with the terms above please email your request to
dawn-chorus@songbird-survival.org.uk
The photographic, text, graphic images, audio and video material within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed, broadcast, transmitted or otherwise exploited.
The SBS name and logo are trademarks of SongBird Survival. Other logos and names used on the website may also be the trademarks of SBS or their respective owners. No permission is given by us in respect of the use of any such trademarks, names or logos and such use may constitute an infringement of the holder's rights.
Whilst we encourage our supporters to campaign on the issues referred to on our websites, please do not imply that you are taking action on behalf of SBS unless specifically agreed with SBS officials.
Any rights not expressly granted in these terms are reserved.
We may terminate your rights to use or receive extracts at any time at our complete discretion.
Advertisers and Sponsors
We may from time to time allow companies to advertise goods and services on our websites. While we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objects, the appearance of an advert does not mean that we endorse the advertiser's goods or services. We are not responsible for the accuracy of any advertising material or for any advertised product or service.
Disclaimers
The information provided in our websites is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. We do not check and are not responsible for the accuracy, completeness or truth of contributions to the websites. You understand and acknowledge that all contributions are the sole responsibility of the person who submitted the contribution to the website, or any of our sites. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in our websites. The material on this website, and all of our sites, is provided 'as is', without any conditions, warranties or other Terms of any kind.
You should exercise no lesser degree of caution in appraising what you see on our websites than you do offline. Even though contributors to our discussion websites are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. You should also note that people may not necessarily be who they say they are. Your use of the website, or any of our sites, is entirely at your own risk.
You may not access the website, or any of our sites, from countries where its contents are illegal or unlawful. If you do access our websites from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
We do not warrant that the functions contained in our websites will be uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that makes them available are free of viruses or bugs or represents full functionality, accuracy or reliability of the materials.
Nothing in this disclaimer applies to any products which you purchase directly from SBS. Where links are provided to products on a third party website, SBS cannot ensure that purchasers will be satisfied with any products or services that are bought from that third-party website and any complaints about the performance or otherwise of the product should be taken up with the manufacturer or retailer direct. The inclusion of a company's product on our websites does not represent any endorsement or warranty of that product by SBS.
SBS does not make any representations or warranties as to the security of any information (including, without limitation, credit or debit card and other personal information) that purchasers might be requested to give to any third-party, and purchasers hereby irrevocably waive any claim against SongBird Survival with respect to such websites and third-party content. SBS strongly encourages you to make whatever investigations are necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Liability
We do not limit in any way our liability by law for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
Subject to this, you agree that we will not be liable for: any loss, disruption or damage to your data or your computer system; or any other loss or damages whatsoever (including, but not limited to, loss of profit or loss of use, direct, indirect or incidental loss) arising out of your use or inability to use our websites (including downloading or streaming from the websites), their content, any information on or from the websites or any link to another website and whether such loss or damage arises in contract, tort (including negligence) or otherwise.
Links
Our websites may contain links to third-party websites and in particular, links to third party websites may be contained in user contributions. Such links are provided for your convenience only. We do not control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites or any association with their operators. If you decide to access any of the third-party websites linked to from this website, you do so entirely at your own risk. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages.
Extra care should be taken when using links contained in user contributions. We do not check these links and are not responsible for them. If you are not familiar with the website linked to, it is safer not to use the link.
If you wish to link from your website to our websites you may do so only on the basis that you link to, but do not replicate, the home page, and subject to the following conditions: the linking text must simply consist of the website address and/or name ‘SongBird Survival’; you do not remove, distort or otherwise alter the size or appearance of any logos on the websites; you do not in any way imply that SongBird Survival is endorsing any products or services; you do not misrepresent your relationship with SBS nor present any other false information about it; you do not otherwise use any SBS trademarks displayed on our websites without our express written permission; you do not link from a website that is not owned by you; and your website does not contain content that is distasteful, pornographic, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our websites.
Severance
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country which apply to these Terms, then to the extent and within that jurisdiction in which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Waiver
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
Events beyond our control
We will not be liable to you for any delay in delivering any services or order or breach of our obligations, if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or other cause beyond our reasonable control. This does not affect your statutory rights.
Law, Courts and Language
These Terms, use of our websites and the supply of products and services by us are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation to these Terms, use of our websites or in relation to the supply of any products or services by us the English courts will have jurisdiction over the dispute. These Terms and this website are provided in the English language only.
If you have any questions relating to these Terms, please contact us at the details below.
SongBird Survival
PO Box 311
Diss
IP22 1WW
Tel: 01379 641715
Email: dawn-chorus@songbird-survival.org.uk
Last updated: February 2020