TERMS AND CONDITIONS

- starebirds.com -

1.        Overview

Starebirds.com (Starebirds) enables users to view, capture, and share nature and wildlife online. The technologies used by starebirds and access to and use of information are governed by these Terms and Conditions (the "Terms"), unless we expressly state that different (and not these) terms apply.

These Terms therefore constitute an agreement between you and the operator of starebirds.com. If you do not accept these Terms, do not use starebirds.com or any other products or services covered by these Terms.

These Terms constitute the entire agreement between you and the operator of the starebirds.com website regarding your use of the products and services.

Concepts:

1. “Site”
   The server and website belonging to the starebirds.com domain
2. “Terms”
   Terms and Conditions
3. “Operator”
   The operator of starebirds.com
4. “Service”
   The collective name for the software options running on the Site
5. “Product”
   Hardware, software, or features available and obtainable on the Site
6. “Area Owner”
   The owner of the observed area or the area where the hardware is located
7. “Area Manager”
   The operator of the observed area and the area hosting the hardware
8. “User”
   Anyone who has registered and uses the Site
9. “Content”
   The software, technology, texts, posts, comments, profiles, messages, links, emails, sounds, graphics, images, and video material found on the Site
10. “Branch”
    Registration created by the User

2.        The services we offer

2.1. Visiting our website offers a unique opportunity to interactively observe wildlife. Select a location and use our installed devices according to your needs. The visual and audio devices found here provide live information from remote locations with interactive display options.

2.2  Recording the events seen and heard on the site and sharing them on the website.

2.3. Users can publish media content they have observed and recorded on starebirds.com, and can also comment on content shared by themselves and others.

2.3. We may need to send you messages, such as emails or in-product notifications, to respond to or inform you about product-related questions, research, or terms and conditions.

3.        Ensuring the quality of Services and Products

3.1. The site is for showing and sharing media that's sent by autonomous, remote-controlled devices placed in nature. The User understands that because of this, the quality and availability of the transmission is greatly affected by environmental conditions and circumstances.

3.2. The operation and availability of field devices are affected by the power supply and telecommunications channels. The User acknowledges that for these reasons, the quality of communication may deteriorate or be interrupted.

Due to the technical design of the system, transmission is limited to daytime hours. Nighttime transmission is not available.

3.3. Certain channels may be switched off by the Area Manager or Operator for nature conservation reasons or maintenance, or broadcasting may be suspended for an indefinite period.

4.        Responsibility and commitment

4.1        User responsibilities and obligations

4.1.1.        The features of this site are only available to registered users.

To create an account, you must have a valid and permanent email address and provide certain information about yourself. You are required to provide the requested information correctly and accurately, and to keep it up to date so that we have accurate information about you and your account. Only real persons with real names can register on the site. Providing false information may result in the cancellation of your registration.

4.1.2. Your account is personal to you and cannot be shared, transferred, or exchanged with other people. Never give your password or other login details to anyone else.

4.1.3.        If you share or transfer your Account, you are responsible for the conduct and actions of those who use your Account, including any violation of these Terms. We reserve the right to suspend access to your Account or close your Account if we detect that your Account has been shared or transferred.

4.1.4.        It is your responsibility to protect your Account, computer, mobile phone, or other device on which you use our Products from third parties.

We have implemented physical, electronic, and organizational measures to protect and prevent unauthorized access, use, alteration, modification, or disclosure of your account information. We are not liable to you for any loss or damage resulting from the unauthorized use of your Account or the unauthorized access, use, alteration, modification, or disclosure of your personal data, if the event is attributable to your culpable omission or negligence. We reserve the right to suspend access to your Account if we detect that your Account has been hacked. If you believe that we have suspended access to your Account in error, please contact us.

4.1.5. The services and products offered by the Site include a variety of content. This includes, but is not limited to, software, technology, text, posts, comments, profiles, messages, links, emails, audio, graphics, images, video material, and the design and appearance of our Products and Services ("Content").

The Content is protected by intellectual property rights, including, but not limited to, applicable copyright laws. You acknowledge that all such protected information and materials are the property of the Site or are licensed to us, and you may not use or exploit them without our written permission.

Unless you have written permission, it is prohibited to:

1.  Copying or downloading any Content from the Products or any part thereof (except as part of the proper use or operation of the Products)
2. Distribution, public performance or display, rental, sale, transmission, transfer, publication, editing, copying, creation and use of derivative works, rental, making available to the public, disassembly, reverse engineering or other unauthorized use of the Content.
3. Any commercial use of any Content (i.e., for profit)

4.1.6.User-generated content is any Content that you publish, upload, or make available through our services or products (either directly or with our help). This includes, but is not limited to, posts, recordings, and comments. By doing so, you grant us a royalty-free, worldwide, non-exclusive, perpetual, irrevocable license to use your Content for the entire duration of the intellectual property rights from the moment you publish, upload, or make it available through our Products, use, reproduce, modify, create derivative works from, exploit, distribute, transmit, perform, translate, host, make available, and communicate it on our Products and any platform—including third-party platforms—that is related to the operation, distribution, integration, and promotion of our Products. You acknowledge that the purpose of this license is, among other things, to make your Content available to other users, and that we may need to modify your Content for this purpose.

4.1.7.  With regard to Content that you create or wish to make available to other users, you agree to and comply with the following terms and conditions:

1. You are solely responsible for your own Content. The site does not pre-screen and does not endorse, approve or verify any Content that you or other users upload, create or add.
2. You may not in any way state or imply that any Content created by any User has our approval, endorsement, or is associated with the Site
3.  The Content must comply with all applicable laws and may not contain any material that is offensive, defamatory, or illegal.
4. If the Content you create violates any of these terms, we may move, edit, block, disable, suspend, or permanently delete the Content.

4.1.8.  It is strictly prohibited to create or record visual/audio content (whether using external devices or screen capture) in which other people can be seen or heard using our Service or Product. Violation of this point may result in immediate suspension or even deletion of your Account.

4.2        Responsibilities and obligations of the Service Provider

4.2.1.        The events shown on the screen are part of nature, and the Site is intended to show this. The operator of the Site, the owner and manager of the area shown, does not take responsibility for the events seen and/or heard here.

The natural, ethological, or social events shown on the screen are beyond the control of the site operator, the owner, or the manager of the area, so they can't pay attention to them. Furthermore, they disclaim all responsibility and obligation to take action in relation to the events shown here, regardless of their outcome. If the events shown on the screen do not meet your needs, tastes, or expectations, please do not use the site, do not use its technical tools, and do not take advantage of its possibilities. The site does not provide an opportunity to discuss these events, and any forum posts on such topics will result in the deletion of the registration.

The recorded version of events on the screen may not be used or disclosed to third parties  -  even in the event of legal proceedings, except with an official order.

4.2.2. Modification of Terms and Conditions, Notification.

1. We may need to modify these Terms from time to time for important reasons, such as adding new features to the Services or Products, improving user safety, or complying with legal changes.
2. We will notify you of any changes by email or other durable medium no later than 15 calendar days before the changes take effect. The notification will inform you of the changes, your right to object, the deadlines, and the legal consequences of failing to object. We will also provide you with the text of the amended Terms. To the extent permitted by law, we reserve the right to send these notifications through other commonly used notification channels (such as pop-up messages or messages displayed in the account management section) within a reasonable time prior to the amendments.
3. Where required by law, we will ask for your consent to accept the changes. Otherwise, you will be deemed to have accepted the changes unless you notify us of your objection to the changes within thirty (30) calendar days of receiving notification from us.
4. If you object to the changes, the previous version of the Terms will remain in effect. In this case, however, we are entitled to close your Account and terminate these Terms with 14 calendar days' notice. Furthermore, if you do not agree with the changes, you may terminate the Terms by deleting your Account.
5. The latest version of these Terms and Conditions is always available on this page or at another address specified by us.

4.2.3 This section shall apply to the fullest extent permitted by applicable law. You acknowledge and agree that you have no ownership rights or other proprietary interests in your account, and that all rights to your account are owned by the Operator. You further acknowledge and agree that you have no claim, right, title, ownership or other proprietary interest in the paid items you have collected, regardless of the consideration offered or paid in exchange for them. Furthermore, the Operator shall not be liable for the destruction, deletion, modification, damage, hacking, or damage or loss incurred or caused in the paid items, including the deletion of paid items in the event of the termination or deletion of your account.

5.        Code of Ethics

5.1        The following conduct is prohibited when using any of our Services:

1. any unlawful activity or incitement to unlawful activity
2. transmission of offensive, unlawful, illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit or discriminatory content
3. talking about suicide or encouraging it
4. spamming
5. any form of advertising
6. discussing social, religious, or political issues that may be offensive
7. obtaining or disclosing identifying information about the user or others
8. misleading other users, including fraud or social engineering (psychological manipulation) techniques
9. accessing or attempting to access areas of the Services or Products or their servers that are not available to the public
10. unauthorized conduct or action on behalf of any person, business, or organization, including the Operator, the Area Owner, the Manager, or their staff.
11. Disrupting the activities of others while using the Services or Products

5.2. Please follow the Code of Conduct carefully, as failure to do so constitutes a material breach of these Terms and Conditions and may result in your access to the Services or Products being restricted or your Account being suspended.

6.        Links to external sites

Our Services and Products may contain hyperlinks and content from websites, locations, platforms, and services operated and owned by third parties, including advertisers and other content providers ("Third Party Services"). We may integrate third-party technologies into our Products, place our content on third-party services, and advertise our Products on them. These Third-Party Services may collect data or request personal information from you. Our company does not own, operate, or control such Third Party Services and is not responsible for their information, content, privacy policies, or the handling, use, or disclosure of information collected by them. If you decide to access, transact with, or otherwise interact with any such third-party services, you do so at your own risk. For more information about third-party services, please see our Privacy Policy.

7.        Termination

7.1        Extraordinary termination

Our right to terminate your Account and these Terms and Conditions for cause remains unaffected.

If you reside in the EU or the United Kingdom and the extraordinary termination is due to a breach of our contractual obligations under these Terms, you are entitled to a refund of the amount paid for any unused paid features up to the date of termination. You are not entitled to any further refunds.

7.2        Your right to delete your Account and terminate these Terms without cause

7.2.1. You may terminate these Terms at any time without cause by deleting your Account using the "Delete Account" option in the Account Manager.

7.2.2. Paid items purchased from us are directly linked to your existing, active Account. If you decide to delete your Account and terminate these Terms without cause, you will lose any Paid items available to you at the time of termination. You will not be entitled to a refund in this case.

7.3        Termination or cancellation by the operator

7.3.1. If you violate the provisions of these Terms and Conditions, depending on the severity of the violation, the Operator shall be entitled to:

1. Suspending or permanently terminating access to certain features or content of the Service.
2. Suspend or permanently terminate your access to your Account. During the suspension period, you will not be able to access your Account or use its services.
3. Terminate these Terms and delete your Account.

8.        Method of financing services

8.1        Free services

Access to the site is free, but registration is required.

Free registration allows access to certain features that enable users to decide whether to use the paid services or stick with the basic features.

8.2        Paid services

Registered users may decide to use the credit system offered by the site to access extended features. These features are available to all users who purchase credits.

8.2.1. Credit system

Paid services are available through the use of credits. The User purchases credits, which are charged as consideration for interactions. Certain interactions (e.g., camera movement, comments, etc.) are only possible through the use of credits, which are deducted from your purchased credits on a one-time or time-based basis.

8.2.2. Description of credits

Name of the credit: BEAX The symbol is a large crossed-out X: E.g.: 1000 or 1000BEAX

This Agreement is entered into between you and NETPROG Kft. ("Issuer"), and by purchasing, accepting, and using Credits, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not purchase, accept, use, or redeem Credits.

8.2.3. Redeem credits

When you purchase credits, your account will be credited with the corresponding amount of BEAX in the appropriate denomination. Only credits called BEAX can be purchased and used on our website. The exchange rate is displayed on the website. To purchase credits, you must be over 18 years of age or obtain consent from your parent or guardian. The availability and pricing of BEAX may change. You can view the current prices on the purchase subpage. Credits have no cash value, are non-refundable, and cannot be exchanged for cash (unless required by law).

8.2.4. Check your balance

To check your credit balance, please log in to your account, where you will find the relevant information.

8.2.5.Age rating

There is no age restriction for using this site, but you must be over 18 years of age to purchase Credits. If you are not 18 years of age or older, you must obtain the consent of your parent or guardian to make a purchase.

8.2.6. Unauthorized use of credits

It is your sole responsibility to take all precautions to ensure that unauthorized persons do not gain access to your account. The Issuer is not responsible for any unauthorized use of your account and is not obligated to credit you for any Credits that have been used without your authorization.

8.2.7. Limitation of liability

THE EXHIBITOR MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE CREDITS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.