Legal Information / Use of the web site
The web site is owned and operated by Three Bird Nest Designs, LLC whose mailing address is 6764 Preston Avenue, Suite A Livermore, CA 94551
Unless otherwise noted, all content posted on the web site is:
Copyright ©2011 Three Bird Nest Designs, LLC
If you believe that your work has been posted on the web site in a way that constitutes copyright infringement, please follow the DMCA notice and take-down procedure described below.
All design and content featured on the web site, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Three Bird Nest Designs and its affiliates.
THREE BIRD NEST is a registered trademark and service mark.
The web site in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Three Bird Nest.
The contents of the web site and the web site as a whole are intended solely for your personal, noncommercial use. Any use of the web site and/or any of the content posted on the web site for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Three Bird Nest. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the web site for any commercial purpose. Three Bird Nest grants a limited, non-exclusive, restricted, non-transferable, non-sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the web site for your personal, noncommercial use only. All other rights are reserved to Three Bird Nest.
You agree that you will not access or use the web site in any manner that could damage, disable, impair or cause undue burden on the web site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the web site, that you will not transmit any virus or worm to the web site, that you will not use any spider, robot or any other automated mechanism to access the web site and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the web site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the web site without authorization.
User comments, feedback, postcards and other submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to ThreeBirdNest.com on or by this web site or otherwise disclosed, submitted or offered in connection with your use of this web site (collectively, the "Comments") shall be and remain Three Bird Nest property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Three Bird Nest Designs of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Three Bird Nest Designs will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Three Bird Nest Designs is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the web site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the web site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
At ThreeBirdNest.com, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at ThreeBirdNest.com will usually be priced the same as merchandise offered at our affiliate Three Bird Nest stores, in some cases, Three Bird Nest stores may have different prices or promotional events at different times.
We have done our best to display as accurately as possible the colors of the products shown on the web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correction of errors and inaccuracies
We endeavor to present the most recent, most accurate and most reliable information on the web site at all times. However, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your ThreeBirdNest.com purchase you may return it with the original ThreeBirdNest.com packing receipt. Please see our Return Policy, www.ThreeBirdNest.com/help/returns-exchanges/.
In the event a ThreeBirdNest.com or Three Bird Nest catalog product is listed at an incorrect price due to typographical error or systems error, ThreeBirdNest.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ThreeBirdNest.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Terms are applicable to you upon your accessing the web site and/or completing the registration or shopping process. These Terms, or any of them, may be terminated by Three Bird Nest Designs without notice at any time for any reason. Provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.
Three Bird Nest Designs may deliver notice to you by means of electronic mail, a general notice on the web site, or by written communication delivered by first class U.S. mail to your address on record in ThreeBirdNest.com account information.
Enforcement of Terms
By accessing and using the web site, you agree that your access to and use of the web site is subject to these Terms, as governed and interpreted pursuant to the laws of the Commonwealth of Pennsylvania, United States of America.
Use of the web site
Harassment in any manner or form on the web site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Three Bird Nest Designs or other licensed employee, host, or representative as well as other members or visitors on the web site is prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the web site to solicit others to join or become members of any other commercial online service or organization.
In an attempt to provide increased value to our visitors, Three Bird Nest Designs may choose various third-party web sites to link to from its own web site. However, even if the third party is affiliated with Three Bird Nest Designs, Three Bird Nest Designs has no control over these linked sites, all of which have separate privacy, security, and data collection practices, independent of Three Bird Nest Designs. Three Bird Nest Designs has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Three Bird Nest Designs seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its web site, but for web sites it links to as well (including if a specific link does not work).
Copyright policy for the web site
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Three Bird Nest Designs to terminate the privileges of any user of the web site or member who infringes the copyright rights of others upon receipt of prompt notification to Three Bird Nest Designs by the copyright owner or the copyright owner’s legal agent.
DMCA notice & take-down procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on the web site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the web site;
(iv) your address, telephone number, and e-mail address;
(v) a written 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;
(vi) 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.
The Copyright Agent for Three Bird Nest Designs for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows: 6764 Preston Avenue, Suite A Livermore, CA 94551
Privacy and Security. Use of the web site is also governed by our Privacy and Security Policy, located on the web site and incorporated into these Terms by this reference. www.ThreeBirdNest.com
Your use of the web site constitutes your acceptance of these Terms and your continued use confirms that acceptance.
These Terms constitute the entire agreement between you and Three Bird Nest Designs regarding the use of the web site.
Any failure of Three Bird Nest Designs to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable.
Additional Rules Governing Content Posted by Users on the Web Site
Three Bird Nest Designs does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Member Content”) that you post to the web site. After posting your Member Content to the web site, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or through the web site, you hereby grant to Three Bird Nest Designs an irrevocable, fully-paid and royalty-free, non-exclusive, sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content solely on and through the web site, iOS app, mobile website, emails and social channels.
The license you grant to Three Bird Nest Designs is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to Three Bird Nest Designs), fully-paid and royalty-free (meaning that Three Bird Nest Designs is not required to pay you for the use of the Member Content that you post), sublicenseable (so that affiliates of Three Bird Nest Designs and subcontractors such as Internet content delivery networks are able to provide the web site), and worldwide (because the Internet and the web site are global in reach). The license does not grant to Three Bird Nest Designs the right to sell your Member Content, nor does the license grant to Three Bird Nest Designs the right to distribute your Member Content other than on the web site.
You represent and warrant that: (i) you own the Member Content posted by you on or through the web site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through the web site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Member Content posted by you to or through the web site.
Content posted by Three Bird Nest Designs on the web site (“Three Bird Nest Content”) is protected by copyright, trademark, patent, trade secret and other laws, and Three Bird Nest Designs owns and retains all rights in Three Bird Nest Content and on the web site. Three Bird Nest Designs hereby grants to you a limited, revocable, non-sublicenseable, royalty-free license to reproduce and display Three Bird Nest Content (excluding any software code) solely for your personal use in connection with viewing the web site.
The web site contains Member Content, Three Bird Nest Content and content licensed by Three Bird Nest Designs from third parties (“Licensed Content”). You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any Three Bird Nest Content or Licensed Content appearing on or through the web site. Three Bird Nest Designs may edit and/or delete any Member Content posted on the web site that, in the sole judgment and discretion of Three Bird Nest Designs, is undesirable, violates these Terms and/or the purposes of the web site and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity. Three Bird Nest Designs assumes no responsibility for monitoring the web site or for inappropriate Member Content or conduct. If at any time Three Bird Nest Designs chooses, in its sole discretion, to monitor the web site, Three Bird Nest Designs nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the user submitting any such Member Content.
You are solely responsible for the Member Content that you post on or through the web site, and any material or information that you transmit to users of the web site and for your interactions with other users. Three Bird Nest Designs does not endorse and has no control over any Member Content. Member Content is not necessarily reviewed by Three Bird Nest Designs prior to posting and does not necessarily reflect the opinions or policies of Three Bird Nest Designs.
The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through the web site. Three Bird Nest Designs reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Three Bird Nest Designs, violates this provision, including without limitation, removing the offending communication from the web site and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Three Bird Nest Designs:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- criticizes any business or individual;
- harasses or advocates harassment of another person or entity;
- exploits any person in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under the age of 13;
- promotes information that the member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from users of the web site;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- includes a photograph of another person that you have posted without that person’s consent.
Certain activities as set forth below are prohibited on the web site. Three Bird Nest Designs reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Three Bird Nest Designs, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the web site or the networks or services connected to the web site;
- attempting to impersonate another user of the web site, member, or any other person;
- using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, without permission from Three Bird Nest Designs;
- using any information obtained from the web site in order to harass, abuse, or harm any person or entity; or
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through the web site on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
You are solely responsible for your interactions with other users of the web site. Three Bird Nest Designs reserves the right, but has no obligation, to monitor disputes between you and other users of the web site.
Special admonitions for international use of the web site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.