Terms of Service

Terms of Service

Last Modified date: December 19, 2018

These Terms of Service (“Terms”) apply to your use of this website, application, or both (“Site”) in relation to our software, products, and services (collectively, “Services”), and are subject to change at any time and at the sole discretion of Vintoux, LLC, d/b/a Travel Birds, including any affiliates or subsidiaries (“Travel Birds”, “we”, “our”, “us”). Please visit the Site regularly for updates. By using this Site after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them or been notified of such changes.

 1. Terms

By accessing the Site, you are agreeing to be bound by these terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site. The materials contained in this Site are protected by applicable copyright and trademark law.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TRAVEL BIRDS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

In consideration of use of this Site, you agree to provide true and accurate information about yourself. If at any time the information you have provided to us is untrue or inaccurate, we reserve the right to terminate your use or access to this Site. You agree that you must provide your own access to the Site and pay for any and all equipment necessary for you to access this Site, including (without reservation) access to the world wide web as well telecommunication networks.

2. Eligibility

You must be at least 13 years of age to access or use the Site. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with the Services. If you are accessing or using the Site on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. The Site is intended for use solely in the United States by its residents, and Travel Birds makes no claims that the Site is appropriate for use outside of the United States.

 3. Use License

We are the owner and or authorized user of any copyright and trademarks (whether registered or not), and service marks. Unless otherwise agreed by us in writing, you may access and use the information and materials within the Site for your personal use. Permission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • run, or attempt to run, any web scraper tool;
  • attempt to decompile or reverse engineer any software contained on the Site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Travel Birds at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Disclaimer

THE MATERIALS ON THIS SITE ARE PROVIDED ON AN ‘AS IS’ BASIS. TRAVEL BIRDS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WARRANTIES OF ANY KIND – EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE—WITH RESPECT TO THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF MATERIALS IN THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.

FURTHER, TRAVEL BIRDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO THIS SITE.

5. Limitations

In no event will we be liable, under any legal theory, for any indirect, special, incidental, punitive, consequential or similar damages, arising out of or in connection the use of, or inability to use, the materials or information on the Site, any claim regarding Services provided on the Site, or for any claim made against you by any third party, even if we have been advised of the possibility of such claim. In no event will we be liable to you for any and all damages, losses, and causes of action (whether in tort, contract, or otherwise) in an amount to exceed that which you have paid us for use of our Site, if any.

You agree to indemnify us for and against any and all liabilities obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, attorneys’ fees, or disbursements of any kind or nature whatsoever that may be imposed upon, incurred by or asserted against us arising from your use of the Site or related to any violation of these Terms.

6. Accuracy of materials

The materials appearing on the Site could include technical, typographical, or photographic errors. Travel Birds does not warrant that any of the materials on its Site are accurate, complete or current. Travel Birds may make changes to the materials contained on its Site at any time without notice. However, Travel Birds does not make any commitment to update the materials.

7. Links

Travel Birds may have links to third party websites on the Site. If you click on these links, it may take to other websites. We have not reviewed all of the sites linked to the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Travel Birds of the Site. We assume no responsibility for the contents of any such websites. Please use these websites at your own risk.

8. Modifications

Travel Birds may revise these terms of service for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these terms of service.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of North Carolina and you irrevocably submit to the exclusive jurisdiction of the courts in Wake County, North Carolina.

10. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

11. Contact Us

Please contact us using the below information if there are any questions regarding these Terms of Service:

Travel Birds by Vintoux

P.O. Box 1083
Knightdale, NC 27545

help@vintoux.com