Welcome to the Web Site operated by The Gabriel Foundation® (“The Gabriel Foundation”). The terms and conditions of use (“Terms and Conditions of Use” or “Agreement”) for this Web Site (“The Gabriel Foundation Web Site” or the “Web Site”) together with the incorporated legal notices (“Legal Notices”) are to ensure that you enjoy the utmost quality and service during your visit to The Gabriel Foundation Web Site.
PLEASE READ THE TERMS AND CONDITIONS OF USE AND THE LEGAL NOTICES CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE AND YOU ACKNOWLEDGE THAT YOU HAVE READ THE LEGAL NOTICES AS SAME MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEB SITE.
The Gabriel Foundation may revise and update the Terms and Conditions of Use and/or the Legal Notices at any time by posting the amended terms to this Web Site. Your continued use of The Gabriel Foundation Web Site means you accept and agree to the revised Terms and Conditions of Use. If you disagree with the Terms and Conditions of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
- (a) USE OF THE GABRIEL FOUNDATION WEB SITE
- (b) COPYRIGHT RESTRICTIONS/USE OF CONTENT
- (c) REQUESTING REPRODUCTION PERMISSION
- (d) LIMITATIONS OF LIABILITY
- (e) USER REPRESENTATIONS AND WARRANTIES
- (f) PRIVACY
- (g) COMMENTS AND SUBMISSIONS
- (h) LINKS TO OTHER WEB SITES
- (i) COMPLIANCE
- (j) CONTACT
- (k) MISCELLANEOUS
- (l) TERMINATION
- (a) COPYRIGHT NOTICE
- (b) TRADEMARK NOTICE
- (2) Information Collected by The Gabriel Foundation
- a. Personal Identification Information
- b. Passively Collected Information
- c. Information Collected from Children
- (3) Links to Other Web Sites
- (4) Security Policy
- (5) Access to and Correction of Information
- (6) Opt-Out
The Gabriel Foundation Web Site is intended for your personal, educational, and noncommercial enjoyment. You agree to use The Gabriel Foundation Web Site only for lawful purposes.
(a) You agree that you will not do any of the following: (1) upload to or transmit on The Gabriel Foundation Web Site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use The Gabriel Foundation Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload or transmit on The Gabriel Foundation Web Site any advertisements or solicitations of business; (6) restrict or inhibit other visitors’ use of The Gabriel Foundation Web Site; (7) upload or otherwise transmit files that contain a virus or otherwise corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over The Gabriel Foundation Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on The Gabriel Foundation Web Site); (10) post “spam”, chain letters or engage in other similar activities or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of The Gabriel Foundation Web Site, or which, as determined by The Gabriel Foundation, exposes The Gabriel Foundation or users of The Gabriel Foundation Web Site to any liability or detriment of any type.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of The Gabriel Foundation Web Site, and all articles and responses to questions, other than such content provided by The Gabriel Foundation, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of, and are not endorsed by, The Gabriel Foundation. You understand and acknowledge that you are responsible for whatever content you submit, and you, not The Gabriel Foundation, have full responsibility for such content, including its legality, reliability, and appropriateness. Please use your best judgment and be respectful of other individuals. Do not use vulgar, abusive or hateful language. By uploading or otherwise transmitting material to any area of The Gabriel Foundation Web Site, you warrant that the material is your own, is in the public domain, or is otherwise free of proprietary or other restrictions and that you have the right to use such material, including by posting it to The Gabriel Foundation Web Site. You grant to The Gabriel Foundation the right to use at any time all content you upload or otherwise transmit to The Gabriel Foundation Web Site, and the name you submit in connection with such content, in any manner The Gabriel Foundation chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material or making a derivative work based on it. You hereby waive any “moral rights” in any such content uploaded or otherwise transmitted to The Gabriel Foundation Web Site.
(c) The Gabriel Foundation reserves the right, but does not assume any responsibility, to (1) remove from The Gabriel Foundation Web Site any material posted by you which The Gabriel Foundation, in its sole discretion, deems inconsistent with the foregoing commitments, including any material of which The Gabriel Foundation has been notified, or has reason to believe, constitutes a copyright infringement; (2) terminate your access to all or part of The Gabriel Foundation Web Site. However, The Gabriel Foundation can neither review all material prior to transmission on The Gabriel Foundation Web Site nor ensure prompt action with respect to objectionable material after it is transmitted on The Gabriel Foundation Web Site. Accordingly, The Gabriel Foundation assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. The Gabriel Foundation reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public, however, The Gabriel Foundation has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your use of The Gabriel Foundation Web Site and may expose you to civil and/or criminal liability.
The materials hosted on The Gabriel Foundation Web Site, including but not limited to images, photographs, audio and/or video content, screen savers, illustrations, and text, are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. In addition, The Gabriel Foundation Web Site is protected by copyright as a collective work. You are authorized to use the content on The Gabriel Foundation Web Site for personal, noncommercial use only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site in whole or in part without the prior written consent of The Gabriel Foundation, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your Web browser for display enhancement purposes and you may print a reasonable number of pages of The Gabriel Foundation Web Site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with The Gabriel Foundation or the applicable owner of such content.
You will need written permission to reproduce material from The Gabriel Foundation Web Site. You may email, write, or fax The Gabriel Foundation with your requests:
The Gabriel Foundation
39520 County Road 13
Elizabeth, CO 80107
Phone: (303) 629-5900
Fax: (303) 629-5901
Email: [email protected]
ATTN: Rights Permissions
The Gabriel Foundation does not assume any liability for the content, materials, information and opinions provided on The Gabriel Foundation Web Site. Reliance on any such information is solely at your risk. The Gabriel Foundation disclaims any liability for injury or damages resulting from use of any information contained on The Gabriel Foundation Web Site.
THE GABRIEL FOUNDATION WEB SITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER THE GABRIEL FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE GABRIEL FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE GABRIEL FOUNDATION WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE GABRIEL FOUNDATION NOR ANYONE ASSOCIATED WITH THE GABRIEL FOUNDATION WARRANTS OR REPRESENTS THAT THE GABRIEL FOUNDATION WEB SITE OR THE INFORMATION PROVIDED ON THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE GABRIEL FOUNDATION WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE GABRIEL FOUNDATION WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE GABRIEL FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL THE GABRIEL FOUNDATION OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE GABRIEL FOUNDATION WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE GABRIEL FOUNDATION WEB SITE OR THE CONTENT TRANSMITTED ON THE GABRIEL FOUNDATION WEB SITE OR PERSONAL INJURY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE GABRIEL FOUNDATION AND WHETHER OR NOT THE GABRIEL FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You represent, warrant and covenant (a) that no materials of any kind submitted by you or The Gabriel Foundation’s use thereof in accordance with this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old.
You agree to defend, indemnify and hold harmless The Gabriel Foundation, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, bird care professionals and others involved in the delivery of The Gabriel Foundation Web Site or the delivery of services or information over The Gabriel Foundation Web Site, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from your use of The Gabriel Foundation Web Site or your use of any information obtained from the Web Site or from any violation by you of this Agreement.
The Gabriel Foundation welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by The Gabriel Foundation or its advertisers or business partners or in response to solicitations on this Web Site, will become The Gabriel Foundation’s property. You agree that all intellectual property rights therein are hereby assigned, transferred, and conveyed to The Gabriel Foundation. You understand that any postings to publicly available portions of The Gabriel Foundation Web Site are non-confidential for all purposes.
The Gabriel Foundation Web Site contains links to other Web Sites on the Internet. Selection of an ad banner or a link redirects you from The Gabriel Foundation Web Site to a third party Web Site. The Gabriel Foundation does not endorse the content on any third party Web Sites. The Gabriel Foundation is not responsible for the content of linked third-party sites, sites framed within The Gabriel Foundation Web Site, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party Web Sites is at your own risk and subject to the terms and conditions of use for such Web Sites.
This Web Site is operated from the State of Colorado, USA. The Gabriel Foundation makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
Please contact us at The Gabriel Foundation, 1025 Acoma St., Denver, Colorado 80204 if you become aware of any content that you believe to be in violation of these Terms and Conditions of Use, including without limitation, claims that any content on The Gabriel Foundation Web Site infringes the copyright of a third party.
This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflicts of law principles. The Agreement, as it may be amended from time to time, completely and exclusively states the agreement between you and The Gabriel Foundation with respect to The Gabriel Foundation Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to The Gabriel Foundation Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of this Agreement or your use of The Gabriel Foundation Web Site shall be in the state or federal courts located in Denver, Colorado. You agree to submit to the jurisdiction of such courts.
If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of this Agreement shall remain in full force and effect.
The Gabriel Foundation’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and The Gabriel Foundation nor any trade practices shall be deemed to modify this Agreement.
The Gabriel Foundation may in its sole discretion, and without notice to you, terminate or suspend your access to all or part of this Web Site for any reason, including without limitation, breach of this Agreement. Web Site administrators have the right to terminate use without notice if you restrict, inhibit or disrupt the activity of The Gabriel Foundation Web Site or if you attempt to alter or improperly access any feature or function of the Web Site.
© The Gabriel Foundation®. All rights reserved. This Web Site and the materials on this Web Site, including but not limited to images, photographs, audio and/or video content, illustrations, and text, are the property of The Gabriel Foundation and may not be reproduced, distributed, publicly performed, or otherwise used, except with express permission of The Gabriel Foundation.
The term “The Gabriel Foundation”, The Gabriel Foundation’s logo and all related product and service names, designs, and slogans are the trademarks or service marks of Julie Weiss Murad, founder of The Gabriel Foundation. All other product and service marks on this Web Site are the trademarks of their respective owners.
The Gabriel Foundation is committed to protecting your privacy.
If you have any questions or concerns about our privacy policies, please send email to [email protected] or mail us at the following address:
The Gabriel Foundation
39520 County Road 13
Elizabeth, CO 80107
Personal Identification Information
We may request personal information about you, e.g., your name, address, or telephone number (“Personal Information”), that can be used to identify you as an individual user, in connection with your use of, or participation in The Gabriel Foundation Web Site, including on our forums, registrations, content submissions, chat rooms, bulletin boards, discussion groups, suggestions, or requests for additional information, or in connection with other services or resources provided on The Gabriel Foundation Web Site.
If you do provide us with Personal Information, we may use it to send information about The Gabriel Foundation or promotional material from some of our partners. Accordingly, we may share your Personal Information with some of our partners. On occasion, for example, we (or some of our partners) may send you e-mails to introduce a product or service that we think might be of interest to you. We may also use your Personal Information to keep in touch with you when necessary. If you identify yourself to us by sending us email with questions or comments, we may use your Personal Information to respond to your questions or comments. (We may also file your comments for future reference.) You may opt-out of receiving mailings at the time our request for your Personal Information is made. (In addition, email mailings from The Gabriel Foundation will include instructions on how to unsubscribe.) Please note, however, that under certain circumstances, if you opt-out, you may not be eligible for certain services or functions of The Gabriel Foundation Web Site for which a name, email address, telephone number or other personal identification information is necessary.
We may also provide Personal Information to certain of our vendors, advertisers or suppliers where it is necessary for them to provide us with products and services related to better operation and maintenance of The Gabriel Foundation Web Site. We will attempt to require that each of these vendors, advertisers and suppliers not use or disclose your Personal Information for any purpose other than providing you or us with products and services. However, we cannot guarantee their compliance with these restrictions.
We also reserve the right to provide or use your Personal Information in the following circumstances. We will release specific information about you or your account to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of The Gabriel Foundation Web Site, or a physical threat to you or others.
We urge you to be careful about giving out your Personal Information in messages sent on our Web Site, for example in a chat room or bulletin board. Information that you provide in a chat room, on a bulletin board or other publicly available area of our Web Site may be viewed by any user of the Web Site. If you make information available in these forums, it is available publicly and we are not able to protect the privacy of such information. Your disclosure of such information is at your own risk.
The password protected portions of the Web Site are intended to be for your benefit, however, please be aware that you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant to us and all other persons or entities involved in the operation of The Gabriel Foundation Web Site the right to receive, transmit, monitor, retrieve, store and use your Personal Information, including information which may be privileged and confidential under applicable state and federal laws, in connection with the operation of the password protected area of The Gabriel Foundation Web Site. We cannot and do not assume any responsibility or liability for any information you submit to such area of the Web Site or your or third parties’ use or misuse of information transmitted or received using such area of the Web Site.
We do not extract Personal Information during this process. We use such information in the aggregate to understand which services and resources our visitors prefer and how those services and resources are used. This provides us information regarding which areas of the Web Site are popular, which areas are not as popular and may require improvement, and what technologies are used by our visitors. This information helps us to update and improve The Gabriel Foundation Web Site for you.
We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not, without your consent, share any individual names, personal navigational information or other Personal Information. If we advertise, some of our advertisers may display ads on our sites, which solicit or contain technology to collect information about our users for the advertisers, but we will not permit such advertisers to collect any Personal Information from our users within our Web Site.
We are committed to protecting the privacy of children. The Gabriel Foundation Web Site is not intended or designed to attract children under the age of 13. We do not intentionally collect Personal Information from any person we actually know is a child under the age of 13. If you are under the age of thirteen (13) you may use The Gabriel Foundation Web Site only with your parent’s or guardian’s permission and participation.
Our Web Site contains links to other Web Sites operated by third parties that may be of interest to you. However, we do not and cannot control the information and content or links contained on these sites. We do not and cannot control the way in which these Web Sites collect and/or use your Personal Information. Therefore, The Gabriel Foundation disclaims any liability for any third party Web Site’s use of your Personal Information obtained through using the third party Web Site. Use of linked sites, including links through advertisements, is at your risk.
We believe that protecting the security of your information is important. Therefore, we have taken industry-standard security measures in an attempt to protect your Personal Information. Remember that you also play a role in the protection of your own information. Should we issue you account names or passwords, do not give access to that information to anyone else. We also urge you to be careful about giving out your personally identifiable information in messages sent on the Web Site; for example, in a chat room or bulletin board. Information that you provide in a chat room, on a bulletin board, or in another publicly available area of the Web Site may be viewed by any user of the Web Site.
Please send us an e-mail message at [email protected] to request access to any Personal Information that we have retained about you in our user database or to request a change in your Personal Information. At your request we will revise Personal Information about you that you inform us is in error or update such information accordingly.
The Gabriel Foundation Web Site provides you with the opportunity to opt-out of receiving communications from The Gabriel Foundation and our partners at the point where we request information about you. You may also opt-out of our sharing your Personal Information with third parties for purposes unrelated to the operation of the Web Site. To opt-out at any time, please let us know your preferences by either of the following options:
1.You can send email to [email protected].
2.You can send mail to the following postal address: The Gabriel Foundation, 39520 County Road 13, Elizabeth, CO 80107.