BIRDIEBEE AMBASSADOR PROGRAM TERMS + CONDITIONS:

As an applicant, you acknowledge that any and all content submitted to BIRDIEBEE (including images sent via email, or social media messages and/or tagging) may be used for commercial use by BIRDIEBEE. By submitting these photos, you are giving your express consent to BIRDIEBEE. Additionally you agree that any and all images posted and shared by you in connection with BIRDIEBEE and the Ambassador Program are your own.

This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between WONDERLAND WORLDWIDE, LLC dba BIRDIEBEE ("us", "we" or "BIRDIEBEE") and you, regarding your application to and participation in the BIRDIEBEE Affiliate Program (the "Program") as an affiliate of BIRDIEBEE ("you" or "Affiliate"), and the establishment of links from Affiliate's social media accounts to our website, www.BIRDIEBEE.com (the "BIRDIEBEE Site").

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ ALL MATERIALS SUPPLIED TO YOU BY BIRDIEBEE IN CONNECTION WITH THE AMBASSADOR PROGRAM.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

We reserve the right to update the terms of this agreement at any time, you agree that it is your responsibility to monitor changes to this site.

1. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM

To participate in the Program, you must be a legal resident of the fifty (50) United States and at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your state of legal residence. Employees of BIRDIEBEE and/or any of its subsidiaries, affiliates or related companies are not eligible to participate.

2. DEFINITIONS

"Affiliate" shall mean the individual applying to or participating in the Program by displaying BIRDIEBEE's products on the social media accounts owned or controlled by Affiliate, including but not limited to, Clubhouse, Instagram, Facebook, TikTok, Twitter, YouTube or blog (individually and collectively, "Affiliate's Social Platform"), using an affiliate tracking link (the "Link" defined below) in exchange for receiving a commission from BIRDIEBEE for sales directly resulting from such display.

"Commission Fees" shall mean the amount Affiliate will be paid for each Qualified Purchase by a Referred Customer that Affiliate refers to BIRDIEBEE, pursuant to the terms of this Agreement.

"Link" shall mean a unique tracking link provided by BIRDIEBEE to Affiliate for Affiliate's use and posting on Affiliate's Social Platform in connection with a Post.

"Post" shall mean a post, story, tweet, video or blog, as applicable, made by Affiliate on Affiliate's Social Platform, showcasing the Product and subject to the terms of this Agreement.

"Product" shall mean product available for purchase from the BIRDIEBEE Site. Affiliate is solely responsible for acquiring (by purchase, borrow or otherwise) any such Product; however, from time to time, BIRDIEBEE may gift Product to Affiliate as determined in its sole discretion.

"Qualified Purchase" shall mean a sale of BIRDIEBEE's Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the BIRDIEBEE Site.

"Referred Customer" shall mean each new customer referred to the BIRDIEBEE Site from Affiliate through a Link, that provides valid account and billing information and completes a Qualified Purchase.

3. ENROLLMENT IN THE PROGRAM

(a) To begin the enrollment process, Affiliate must submit a completed Program application through the BIRDIEBEE Site.

(b) We will evaluate your application and notify you in a timely manner if the application is accepted or rejected. We may reject Affiliate's application for any reason, in our sole discretion, including if we determine that Affiliate's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive. If Affiliate is accepted into the Program, Affiliate shall notify BIRDIEBEE in writing of any significant changes to the content or structure of Affiliate's Social Platform within five (5) days of such change(s).

(c) For sake of clarity, submitting an application does not guarantee your acceptance into the Program. Applicants accepted into the Program will be determined by BIRDIEBEE solely in its discretion. If you are accepted into the Program, BIRDIEBEE expressly reserves the right to suspend or terminate your participation as an Affiliate and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. BIRDIEBEE further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Affiliate.

4. LINKS

Affiliate shall not modify the Link in any way. We will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.

5. POSTS

(a) The Post: (i) must depict only Affiliate and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and a legal resident of the fifty (50) United States and Affiliate has obtained the consent of such person to be depicted in the Post (the "Permitted Third Party"); (ii) must depict Affiliate and/or the Permitted Third Party wearing Product(s); (iii) must tag and mention in captions @mybirdiebee and must include the required hashtag #BirdiebeePartner in a clear and conspicuous manner (for example, in an Instagram Post, it must appear "above the fold" within the first three (3) lines of the post or superimposed in a story); (iv) may not mention, reference or show any brand that is competitive to BIRDIEBEE; (v) must not defame, misrepresent or disparage BIRDIEBEE, its business, products or brands, or any third party brands, products or services competitive to BIRDIEBEE and/or its business, products or brands; (vi) must reflect Affiliate's actual, honest opinions, findings, beliefs, or experiences with BIRDIEBEE and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; (vii) shall be Affiliate's own original work, created solely by Affiliate, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; and (viii) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way. (viiii) Affiliate agrees to review and comment solely on BIRDIEBEE'S products and mission, Affiliate agrees not to review or share opinions regarding the owner's of BIRDIEBEE.

(b) Affiliate represents, warrants and agrees that it shall abide by all of the foregoing, as well as all applicable laws, rules and regulations, including the Federal Trade Commission's Endorsement Guides ("FTC Guides"), which require that material connections between advertisers and endorsers be disclosed, as well as the Community Guidelines, Terms of Use and other applicable policies of the social media platform used by Affiliate for its Post(s). We reserve the right to withhold Commission Fees and/or deactivate your Link and/or terminate your affiliate relationship with us if we determine, in our sole discretion, that you are not in compliance with any of the foregoing, including but not limited to, your noncompliance with the FTC Guides and failure to clearly and conspicuously include the required hashtag #BirdiebeePartner as set forth above. Affiliate further represents and warrants that he/she has obtained any and all necessary consents of any Permitted Third Party.

6. ORDER PROCESSING

BIRDIEBEE will process orders placed by Referred Customers who follow the Link from Affiliate's Social Platform to the BIRDIEBEE Site. We reserve the right, in our discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including BIRDIEBEE's cancellation, processing, refunds, customer service and payment processing, will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Link, at our discretion either directly or via a third party vendor, and we will make this information available to you through the BIRDIEBEE Site. To permit accurate tracking, reporting and commission accrual, you must ensure that the Link between Affiliate's Social Platform accounts and the BIRDIEBEE Site are properly formatted. We shall not be responsible for improperly formatted Links.

7. COMMISSION FEE DETERMINATION; QUALIFIED PURCHASES

(a) We will pay Affiliate a Commission Fee based on the number of Qualified Purchases generated by the Link on Affiliate's Social Platform.

(b) The Commission Fee amount and structure shall be determined by the method of payment selected by Affiliate in its Program application. If Affiliate selected payment through PayPal, the Commission Fee shall be in an amount equal to five percent (5%) for each Qualified Purchase, unless otherwise agreed between the parties in writing. If Affiliate selected payment by discount code, for each Qualified Purchase, Affiliate will receive a discount code or gift-card in an amount equal to ten percent (10%) of the Qualified Purchase, unless otherwise agreed between the parties in writing, which discount code is valid towards a purchase made by Affiliate on the BIRDIEBEE Site. The discount code is not valid towards prior purchases.

(c) A "Qualified Purchase" will not include: (i) a purchase that was completed prior to the Affiliate joining the Program or was not tracked properly through an Affiliate Link; (ii) a purchase that BIRDIEBEE suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement; or (iii) a purchase made by Affiliate through its own Affiliate Link.

(d) We reserve the right to withhold payment of Commission Fees to an Affiliate who has commissions that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.

(e) We reserve the right to suspend the payment of Commission Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. We reserve the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable or cancelled purchases.

(f) We reserve the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a "Qualified Purchase".

(g) Any attempt by Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Commission Fees to intentionally defraud BIRDIEBEE or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Commission Fees due to the Affiliate.

8. ACCRUAL AND PAYMENT OF COMMISSION FEES

(a) Commission Fees will be paid sixty (60) days from the order date of the Qualified Purchase associated therewith.

(b) Payment of Commission Fees will be made through PayPal or by discount code to the BIRDIEBEE Site, depending upon the method of payment you selected in your Program application. We are not responsible for paying any third party fees charged by PayPal in order for you to receive your Commission Fees.

(c) We reserve the right, in our discretion, to change or modify the available commission payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the BIRDIEBEE Site.

(d) Affiliate acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third party service or vendor.

(e) We do not make any guarantee of a minimum amount of Qualified Purchases or that Affiliate will earn any amount of Commission Fee under this Agreement.

9. REPORTS OF QUALIFIED PURCHASES

You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Commission Fees may not be issued for all Referred Customers that appear in the affiliate console. In the event that Affiliate disputes a Qualified Purchase and/or Commission Fee, Affiliate must file a written report of such dispute with BIRDIEBEE by email within ten (10) days after the subject Commission Fee is made and/or would otherwise have been due. Affiliate's failure to file a timely dispute shall result in forfeiture of Affiliate's right to dispute the subject Commission Fee.

10. POLICIES AND PRICING

Referred Customers who buy products through the Program will be deemed to be customers of BIRDIEBEE. Accordingly, all BIRDIEBEE Site terms, policies, and procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at the BIRDIEBEE Site. We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display BIRDIEBEE price information on Affiliate's Post. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.

11. LIMITED LICENSE FOR USE OF BIRDIEBEE LOGOS/TRADEMARKS

We grant to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the BIRDIEBEE Site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.

12. OWNERSHIP

As between Affiliate and BIRDIEBEE, BIRDIEBEE shall own all right, title and interest, including all Intellectual Property Rights, in and to the BIRDIEBEE Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

13. LICENSE TO USE OF POSTS AND AFFILIATE'S IMAGE

We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all mediums, without limitation, additional compensation, notice, review or approval.

14. RESPONSIBILITY FOR AFFILIATE'S SOCIAL PLATFORM

Affiliate will be solely responsible for all content that appears on Affiliate's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Affiliate's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.

15. INDEMNITY

Affiliate shall defend, indemnify and hold BIRDIEBEE and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Affiliate's breach of this Agreement or gross negligence.

16. TERM AND TERMINATION

(a) The term of this Agreement will begin upon our acceptance of Affiliate's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.

(b) BIRDIEBEE expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Affiliate written notice by email.

(c) Upon termination of this Agreement, Affiliate shall promptly remove all Links and Program related content from Affiliate's Social Platform. Affiliate is only eligible to earn Commission Fees on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by BIRDIEBEE, Affiliate agrees to promptly remit such excess payment upon notification by BIRDIEBEE. BIRDIEBEE may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and Sections 12, 13, 15 and 18 through 22, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.

17. MODIFICATION

We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on the BIRDIEBEE Site. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification on our website will constitute binding acceptance of the change.

18. INDEPENDENT CONTRACTOR RELATIONSHIP

For purposes of this Agreement, Affiliate will not be considered an agent, employee or representative of BIRDIEBEE and shall remain in all respects an independent contractor. You will have no authority to make or accept any offers or representations on our behalf. Affiliate has no authority to act for or on behalf of BIRDIEBEE or to bind BIRDIEBEE in any legal contracts.

19. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT BIRDIEBEE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

20. DISCLAIMER OF WARRANTY

THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. BIRDIEBEE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, BIRDIEBEE MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. BIRDIEBEE FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE BIRDIEBEE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.

21. MISCELLANEOUS

(a) Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Affiliate's application, in the case of Affiliate, and the postal and/or email address, as applicable, set forth below for BIRDIEBEE. This provision shall not apply to Section 17, "Modifications."

BIRDIBEE

1735 S. Santa Fe Ave

Los Angeles, CA 90021

Attn: AMBASSADOR PROGRAM 

Email: [email protected]

(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.

22. PHOTO RELEASE

For good and valuable consideration, the receipt of which is hereby acknowledged, you hereby grant BIRDIEBEE permission to use your likeness in a photograph in any and all of its publications, including but not limited to all of BIRDIEBEE printed and digital publications. You understand and agree that any photograph using your likeness will become property of BIRDIEBEE and will not be returned. You acknowledge that since your participation with BIRDIEBEE is voluntary, you will receive no financial compensation for your images. You hereby irrevocably authorize BIRDIEBEE to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing BIRDIEBEE’S programs or for any other related, lawful purpose. In addition, You waive the right to inspect or approve the finished product, including written or electronic copy, wherein you likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photograph. You hereby hold harmless and release and forever discharge BIRDIEBEE from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on you behalf or on behalf of your estate have or may have by reason of this authorization. 

22. GOVERNING LAW; ARBITRATION; NO CLASS ACTION

This Agreement shall be governed by and construed under the laws of the State of New York, without regard to its conflict of laws principals. All claims, disputes or causes of action between us relating to or arising from this Agreement and/or the Program shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), which must be commenced within one (1) year after such claim, dispute or cause of action arises. The arbitration shall be conducted in New York, New York, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section, shall be filed and adjudicated in a state or federal court in New York, New York, and all parties agree to submit to the personal jurisdiction of those courts. You irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys' fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with this Agreement and/or the Program, will be resolved individually, without resort to any form of class action.

23. CONFIDENTIALITY

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, BIRDIEBEE pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.

24. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.

BIRDIEBEE Privacy Policy : Effective as of October 1, 2017

Your privacy, and the privacy of all users of Birdiebee (“Birdiebee ”), is important to us. Birdiebee is committed to protecting your privacy online. Accordingly, Birdiebee has developed this privacy policy that describes the data we collect, how we use it, and with whom we share it (“Privacy Policy”). This Privacy Policy sets forth the policies and procedures of personally identifiable information received from users of the Service, including but not limited to the website at www.birdiebee.com and the mobile applications created by Birdiebee (collectively, the “Birdiebee Service” or “Service”). This Privacy Policy applies to all site visitors, registered users, and all other users of the Service.

The terms “We,” “Us,” and “Birdiebee ” refer to the Birdiebee Service. The terms “You” and “Your” refer to you, as a visitor or user of the Service. By using the Service, you are consenting to our processing of your information as outlined in this Privacy Policy, as amended from time to time. Further, you acknowledge that this Privacy Policy is part of our Terms of Service (“TOS”), which is incorporated by reference, and by accessing or using the Service, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, and the terms and conditions in our TOS, please do not access or use the Service.

Personal Information We Collect and Use:

Personal Information: When registering as a user of the Service, we receive and store information you enter or provide to us in any other way. The types of personal information collected may include, but is not limited to, your name, email address, URL, phone number, Twitter, Google Plus and/or Facebook usernames, location, use information regarding your use of the Service, browser information, and any other data that is tied to such information (collectively, the “Personal Information”). If your location settings are active, we automatically receive your location when you use the Service. The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. We may also draw upon this Personal Information to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.

Profiles: “Public Content” refers to information that you submit or post to the Service for public display, such as photos, comments, reviews, and your public profile information.

Information Collected Automatically: When you use the Service, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. This data is treated as non-Personal Information, except where we are required to do otherwise under applicable law. We only use this data in aggregate form to perform statistical analyses of user behavior and characteristics. We may provide aggregate information to our partners about how our customers, collectively, use our site, so that our partners may also understand how often people use their services and the Service.

How My Information Is Shared:

Personal Information about our users is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We may share your Personal Information with third parties with your permission or as permitted in our TOS. The third parties may in turn publicly display or publish the Public Content in connection with their own website and media platforms.

We provide some of our services through affiliates, service providers, partners and other third parties. We, and our service partners, may use your personal information to operate our sites and to deliver their services. These affiliates and third party service providers are not permitted to use personal information for any purposes other than to complete the order, assist you in participating in the particular service and communicating with you. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

We may disclose information in the aggregate to third parties relating to user behavior in connection with actual or prospective business relationships with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.

In the future, we may use third-party advertising companies to serve ads when you visit the Service. These companies may use information about your Public Content (not including your name, address, email address, or telephone number) and activity related to your use of the Service to provide advertisements about goods and services of interest to you.

One of the primary reasons people use Birdiebee is to connect with other users and service providers. Information such as your name and photo, location, list of friends, and the comments you write is shared with the Birdiebee community. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We, therefore, urge you to think carefully about including any specific information you may deem private in comments or other content (location or otherwise) that you create in the Service.

Law Enforcement and Protection. We may disclose your Personal Information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our TOS and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. Please note that we are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that we receive.

Invite Friends and Contacts. You may choose to provide us with another person's e-mail address or social network profile information so that person may be invited to create an account on this site and become your friend. We use this information to contact and, if necessary, remind that person about the invitation. By providing us with another person's e-mail address, you represent to us that you have obtained the consent of the person concerned concerning such disclosure to us of their Personal Information. We may disclose such information if required to do so to comply with legal process, as described above.

Business Transfers. If Birdiebee or substantially all of its assets are acquired, or in the unlikely event that we cease business operations or enter bankruptcy, user information would be one of the assets that are transferred or acquired by a third party.

Cookies and Similar Technologies:

We send cookies to your computer through your browser to enable our systems to recognize your browser and tell us how and when pages on our site are visited and by how many people. Most browsers have an option for disabling the cookie feature, which will prevent your browser from accepting cookies, as well as (depending on your browser software) allow you to decide on acceptance of cookies in a variety of ways.

Ads appearing on the Service may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by us and our service providers and does not include the use of cookies by any advertisers.

We use analytics (and related analytics programs) to understand better who is using the Service, and how people are using it. Analytics uses cookies to collect and store anonymous information such as time of visit, pages visited, time spent on each page of the website, IP address, and type of operating system used. We use this information to improve the Service and make it appealing to as many users as possible.

Security:

Your account is password protected for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password, and limiting access to your computer, phone, and browser such as signing off after you have finished accessing your account. We use industry standard measures to protect Personal Information. However, we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Service may contain links to other sites. We are not responsible for the privacy policies and practices on other sites. When linking to another site, you should read the privacy policy stated on that website. This Privacy Policy only governs information collected on the Service.

International Users:

If you are located outside of the United States, please note that the Service is located on computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of the Service or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may provide for different data protection rules than in your country.

Privacy Practices of Third Parties and Third Party Sites:

The Service may contain links to third party websites and applications to which we have no affiliation. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our website via links or service partnerships have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies may place advertising on our website and may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.