PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

What's in these terms?

 

These terms tell you the rules for using Hatch at BirdLife (Hatch).

 

Who we are and how to contact us

 

Hatch is a site operated by BirdLife International ("We"). We are registered in England and Wales under company number 02985746 and have our registered office at the David Attenborough Building, Pembroke Street, Cambridge CB2 3QZ, United Kingdom.

 

We are also a registered charity in the UK (registration number 1042125).

 

To contact us, please email [email protected].

 

By using Hatch you accept these terms

 

By using Hatch, you confirm that you accept these terms of use and that you agree to comply with them.

 

If you do not agree to these terms, you must not use Hatch.

 

We recommend that you print a copy of these terms for future reference.

 

There are other terms that may apply to you

 

These terms of use refer to the following additional terms, which also apply to your use of Hatch:

 

• Our Privacy Policy See further under How we may use your personal information.
• Our Cookie Policy  which sets out information about the cookies on Hatch.

 

We may make changes to these terms

 

We amend these terms from time to time. Every time you wish to use Hatch, please check these terms to ensure you understand the terms that apply at that time.

 

We may make changes to Hatch

 

We may update and change Hatch from time to time to reflect changes to our users' needs and our organisational priorities.

 

We may suspend or withdraw Hatch

 

Hatch is made available free of charge.

 

We do not guarantee that Hatch, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Hatch for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

You are also responsible for ensuring that all persons who access Hatch through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

We may transfer this agreement to someone else

 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

You must keep your account details safe

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

 

Do not rely on information on Hatch

 

The content on Hatch is provided for general information only. Unless specifically stated, it is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Hatch.

 

Although we make reasonable efforts to update the information on Hatch, we make no representations, warranties or guarantees, whether express or implied, that the content on Hatch is accurate, complete or up to date.

 

We are not responsible for websites we link to

 

Where Hatch contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources.

 

We may moderate the material you post

 

Hatch is fully moderated. Every comment, post or other contribution submitted by users to Hatch (Contribution) will be checked by us for compliance with our content standards below (Content Standards) as soon as reasonably practicable after it is published.

 

We reserve the right to remove, or to disable access to, any Contribution which we deem to be in breach of our Content Standards. We expressly exclude our liability for any loss or damage arising from the use of Hatch by any person in contravention of these terms of use.

 

Content standards

 

These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. BirdLife International will determine, in its discretion, whether a Contribution breaches the Content Standards.

 

A Contribution must:

 

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the law applicable in England and Wales and also in any country from which it is posted.
• Be relevant.

 

A Contribution must not:

 

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Exploit, abuse or groom for sexual abuse a child or children.
• Contain any content that could be construed as advertising, recruiting, soliciting or procuring a child for sexual exploitation or abuse, or organising to do so.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
• Infringe any copyright, database right or trade mark of any other person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Be in contempt of court.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from BirdLife International if this is not the case.
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any products or services.

Copyright

 

By submitting a Contribution to Hatch, you agree to grant BirdLife International a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, BirdLife International will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. BirdLife International may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

 

Please also note that, in accordance with the Content Standards above, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Board, you are warranting that you have the right to grant BirdLife International the non-exclusive copyright licence described above.

 

If you are not in a position to grant such a licence, please do not submit the Contribution to the Board.

Our responsibility for loss or damage suffered by you

 

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• We exclude all implied conditions, warranties, representations or other terms that may apply to Hatch or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, Hatch; or
  • use of or reliance on any content displayed on Hatch.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

How we may use your personal information

 

We will only use your personal information as set out in our Privacy Policy. 

 

We are not responsible for viruses and you must not introduce them

 

We do not guarantee that Hatch will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform to access Hatch. You should use your own virus protection software.

 

You must not misuse Hatch by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Hatch, the server on which Hatch is stored or any server, computer or database connected to Hatch. You must not attack Hatch via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Hatch will cease immediately.

 

Breach of these terms of use

 

When we consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these terms of use constitutes a material breach of the terms of use on which you are permitted to use Hatch, and may result in our taking all or any of the following actions:

 

• Immediate, temporary or permanent withdrawal of your right to use Hatch.
• Immediate, temporary or permanent removal of any Contribution already posted on Hatch.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Complaints

If you wish to complain about any Contribution posted to Hatch, please contact us at [email protected]. We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution which, in our opinion, violates our Content Standards as described above (see section "Breach of these terms of use"). We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

 

Which country's laws apply to any disputes?

 

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.