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Terms of Use

These terms of use ("Agreement") govern your use of the Graduation Birds website ("Website") and the services offered on or through the Website. This Agreement is a legally binding agreement between you ("User" or "you") and Graduation Birds ("Company" or "we" or "us"). By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not access or use the Website.

1. Acceptance of Terms

By accessing or using the Website, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into this Agreement. If you are accessing or using the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement. Your access to and use of the Website is subject to your compliance with this Agreement and all applicable laws and regulations.

2. Intellectual Property Rights

The Website and its original content, features, and functionality are owned by the Company and are protected by intellectual property laws, including but not limited to copyright, trademark, patent, and trade secret laws. You acknowledge and agree that the Company retains all right, title, and interest in and to the Website and its content. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use.

3. User Content

The Website may allow you to upload, submit, store, send, or receive content, including but not limited to text, images, videos, or other materials ("User Content"). By uploading or submitting User Content to the Website, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and the Company's business. You represent and warrant that you have all necessary rights to grant this license to the Company and that the User Content does not infringe upon the rights of any third party.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

5. Limitation of Liability

To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, agents, partners, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of the Website, even if the Company has been advised of the possibility of such damages.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, partners, and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:

  • Your use of or reliance on any third-party content or services;
  • Your violation of this Agreement;
  • Your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right;
  • Your violation of any applicable law or regulation.

7. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction] without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively brought in the federal or state courts located in [Jurisdiction] and you hereby consent to the personal jurisdiction of such courts.

8. General

This Agreement constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous communications, whether oral or written. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible. The failure of the Company to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. The Company may assign this Agreement without restriction. You may not assign this Agreement without the Company's prior written consent.