Terms of Use | Vannya

You hereby agree to the Terms of Use.

This Application enables You to access and use the Service. If You do not agree to the Terms of Use, do not use the Application.

Terms You or Your refers to usage of the Application to access the Service defined below. New Mobile Application (“Application”) of ECO-Connect Ventures Pvt. Ltd. made available to You through Google Play store (Android) and App Store (Apple) is just licensed to You to use the Application to access the Service and does not amount to sale of the Application.

Grant of License
ECO-Connect Ventures Pvt. Ltd grants You a revocable, non-exclusive, non-transferable, non-sub licensable, limited license to use the Application on the mobile device owned or controlled by You as well as on the web portal, solely for personal and non-commercial purposes only, to access and use the Service strictly in accordance with the terms set-out herein. Eco-Connect Ventures Pvt. Ltd shall be entitle and reserves right to delete any comment, post or block Your access at any time without any notice to You and You shall have no right to question any action taken by Eco-Connect Ventures Pvt. Ltd in this regard.

Eco-Connect has sourced pictures of birds and their various species as well as their sound and vocalization from different sources (“Third Party Providers”). Your listening and downloads thereof is governed under the restrictions and limitations imposed by such Third-Party Providers under license. Your use of Application is subject to the terms and conditions of the license granted by such Third-Party Providers and any misuse of pictures or sound or vocalization either knowingly or unknowingly by you attract strict legal action against you by these Third Party Providers. The specific terms and conditions by Third Party Provider, which are binding on You are given hereunder for your ready reference. You are required to peruse the Licensing terms and conditions through the link provided therein.

Service means: the service provided by ECO-Connect Ventures Pvt. Ltd in the name and style as “Vannya” to You that makes available the information about species of birds and other animals mainly inhabitants of forest and wild animals and creatures.

RESTRICTIONS ON USE

You agree not to, and will not permit others to:

Make and distribute the copies of Application or Service or Information;
license, rent, sell, sub-license, assign, distribute, re-distribute, transmit, host, disclose, divulge, publish or otherwise commercially exploit the Application or Service or Information in any manner whatsoever;
amend, alter, decompile, reverse engineer, disassemble, transfer, exchange or derive source code or decrypt the Application or Service or Information;
make any adaptation, modification, enhancement or derivative work from the Application or Service or Information;
remove, alter or obscure the proprietary notices of ECO-Connect Ventures Pvt. Ltd or its suppliers/ partners/ Information Provider;
use any information for any illegal activity such as hunting, poaching or smuggling etc. or any other activities forbidden by Indian applicable Laws.

MODIFICATION TO APPLICATION/SERVICE
ECO-Connect Ventures Pvt. Ltd reserves the exclusive right to modify the Application/Service intimation but without any liability to ECO-Connect Ventures Pvt. Ltd. However, ECO-Connect Ventures Pvt. Ltd reserves the right to modify the Application anytime without any intimation and liability to You. You acknowledge and agree that neither ECO-Connect Ventures Pvt. Ltd nor the Information Providers shall be responsible if such changes serves or affect Your access to or use of the Service in any way. You understand, agree and acknowledge that nothing shall be deemed to constitute an obligation on ECO-Connect Ventures Pvt. Ltd to continue to disseminate the Information in the present content description, form or configuration. Eco-Connect Ventures Pvt. Ltd. may periodically revised the terms and conditions for use of Application Software. You are requested to check the, Term of Use, Disclaimer and Privacy statement” periodically. Your continuous use of the Service constitutes Your agreement to this terms and conditions and any amendments thereof.

TERM
The Service is available as long as its updates and upgrades are available on applicable platforms from the date of commencement of Service. However ECO-Connect Ventures Pvt. Ltd reserves right to stop the Services at any time.

SYSTEM INTERFACE
You shall be responsible for obtaining the requisite internet/ data services/ any means of connectivity howsoever and whatsoever for accessing the Application at Your own cost and expenses. You shall be entirely responsible and liable to maintain all time connectivity to ECO-Connect Ventures Pvt. Ltd.’s Application for Your use.

OWNERSHIP AND INTELLECTUAL PROPERTY
The ownership, all copyright and other intellectual property of the software or components used in the ECO-Connect Ventures Pvt. Ltd.’s system or Application or Service rests with the ECO-Connect Ventures Pvt. Ltd. and its supplier and/or third party. The Information Providers retain proprietary and intellectual property rights in the Information.
You understand and agree that ECO-Connect Ventures Pvt. Ltd. and the Information Providers have proprietary rights in their respective trademarks, service marks, trade names and in the Information/Service/Application and You agree not to use the Service or Application or Information or their intellectual property in any way, which would infringe the rights of ECO-Connect Ventures Pvt. Ltd. or its supplier and/or third party.

CONSENT TO USE YOUR DATA
You agree that ECO-Connect Ventures Pvt. Ltd. may collect, store, process, maintain, upload, share or use the information regarding Your usage of Service or Application or Your personal information submitted while using the Application or Service for operating, or improving the Service. The information/data will be used strictly in accordance with the privacy statement of ECO-Connect Ventures Pvt. Ltd.

WARRANTY AND DISCLAIMER
ECO-Connect Ventures Pvt. Ltd. shall provide the Service and the Information to You as accurately as is reasonably practicable, but neither ECO-Connect Ventures Pvt. Ltd. nor the Information Providers or their respective affiliates, agents and licensors warrant or guarantee the timeliness, sequence, accuracy or completeness of the Information as well as connectivity uptime.
You understand that the mobile device manufacturer is responsible for the operation and functionality of the mobile device and the telecom service provider is responsible for the availability of mobile/internet network.
ECO-Connect Ventures Pvt. Ltd. makes no representations warranties or guaranties of any kind as to: i) availability of mobile/internet network or ii) loss of data/Information in course of transmission over internet or iii) any malfunctioning of mobile operating system. Under no circumstances, you shall hold ECO-Connect Ventures Pvt. Ltd. or any other third party content provider liable for any non-availability of internet connection, GPS and/or cellular network including but not limited to unavailability of the contents and application due to non-compatible of hardware or device to receive signals or contents.

THE APPLICATION AND SERVICE IS PROVIDED TO YOU ON “AS IS WHERE IS BASIS” WITHOUT WARRANTY OR GUARANTY OF ANY KIND AND ECO-CONNECT VENTURES PVT. LTD. AND INFORMATION PROVIDER DISCLAIMS ALL GUARANTEES, WARRANTIES AND CONDITIONS WITH RESPECT TO APPLICATION OR SERVICE OR INFORMATION , WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS, RELIABLILITY, TIMELINESS, SECURITY, ACCURACY OR NON-INFRINGMENT. ECO-CONNECT VENTURES PVT. LTD. DOES NOT WARRANT THAT THE APPLICATION OR SERVICE WILL BE UNINTERRUPTED; ERROR FREE OR FREE OF BUGS/VIRUSES OR WILL MEET ALL YOUR REQUIREMENTS.
NEITHER ECO-CONNECT VENTURES PVT. LTD. NOR THE INFORMATION PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING ANY INFORMATION OR SERVICE OR BY ANY DELAYS, INACCURACIES, ERRORS IN OR OMISSIONS OF ANY INFORMATION OR THE TRANSMISSION THEREOF OR IN THE PROVISION OF THE SERVICE INCLUDING REGULAR UPDATES OF THE INFORMATION AS WELL AS CONNECTIVITY UPTIME. IN NO EVENT SHALL ECO-CONNECT VENTURES PVT. LTD, THE INFORMATION PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE FOR ANY LIABILITY OR INDEMNITY. YOU SHALL USE THE SERVICE/ APPLICATION AT YOUR OWN RISK AND YOU ARE SOLEY RESPONSIBLE FOR THE USE OF ANY DATA/ INFORMATION OBTAINED THROUGH THE SERVICE.

Limitation of Liability

Neither ECO-Connect Ventures Pvt. Ltd. nor its Information Providers and their respective affiliates, agents or licensors or any other person shall be liable to You in any manner, regardless of the cause for any errors, inaccuracies, omissions, or other defects in, or untimeliness or non-authenticity of, the Service or Information, or for any delay or interruption in the transmission thereof to You, or for any claims or losses arising there from or occasioned thereby. Neither ECO-Connect Ventures Pvt. Ltd. nor the Information Providers and their respective affiliates, agents or licensors or to any other person shall be liable to You for any direct, indirect, punitive, special, consequential or incidental damages(including, but not limited to, trading losses, loss of profits or anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover or other indirect loss or damage) of any nature arising from any cause whatsoever, even if ECO-Connect Ventures Pvt. Ltd., the Information Providers, or their respective affiliates, agents or licensors have been advised of the possibility of such damages. Notwithstanding anything to the contrary, the aggregate liability of ECO-Connect Ventures Pvt. Ltd. arising out of or in connection herewith including damages, regardless of the form of action (whether in contract, tort or otherwise), which the claim arises, Your exclusive remedy against ECO-Connect Ventures Pvt. Ltd. shall be limited to the Subscription paid by you for the subscription period in which such liability arose.

You expressly understand and agree that neither Cornell Lab of Ornithology nor Eco-Connect Ventures Pvt. Ltd. Or any other third party content provider shall be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Cornell Lab of Ornithology or Eco-Connect Ventures Pvt., Ltd. or third party content provider have been advised of the possibility of such damages), resulting from your use or third-party products that access data.

General
You agree and acknowledge that the content provided /displayed on the website or in the Application contains third party information /data on “As is Basis” and without any verification of accuracy of information or data. You further acknowledge that ECO-Connect is only a mode or channel for information display on its website or in the Application and not the owner of such information /data and as such does not have any responsibility and liability for the same. You shall not hold ECO-Connect liable or responsible for any accuracy, correctness, appropriateness and/or authenticity of such third Party information /data.
You shall comply with all the applicable rules, regulations and laws, as applicable from time to time relating to the Service. You shall also comply with the confidentiality by protecting Your user name and password.
You acknowledge that the vocalization of the picture displayed on the website or in the Application are downloadable for offline use. You shall not use any vocalization of the picture displayed on the website or in the Application for any other use except than offline viewing the contents of the Application. Any use other than the use indicated herein including any misuse of vocalization shall be treated as breach of these Terms of Use. Eco-Connect shall be entitled to take appropriate action.
Neither You nor ECO-Connect Ventures Pvt. Ltd. shall be liable for delay or failure in performance of any of the acts required herein when such delay or failure arises from circumstances beyond the reasonable control.
The Terms of Use shall be governed by and construed without conflict of Laws in accordance with the applicable laws and subject to the exclusive jurisdiction of the courts in Mumbai.
The terms of confidentiality, indemnification, disclaimer, limitation of liability, governing law and jurisdiction will survive the termination of Your subscription.

These TERMS OF USE read with Disclaimer and Privacy Statement forms binding contract between us.

eBird Terms of Use

Intellectual Property Issues
The Site is owned by Cornell Lab of Ornithology. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by Cornell Lab of Ornithology. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Use.

Pursuant to the copyright and trademark laws of the United States, you agree:

That you may only download Content that Cornell Lab of Ornithology designates as offered for download to any single device a single copy of any Content for personal and noncommercial use.
To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), sell or exploit for any commercial purposes any Content derived from the site without specific written authorization from Cornell Lab of Ornithology. Contact Mary Guthrie (msg21@cornell.edu) to inquire about commercial uses.
To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
To refrain from framing or mirroring any portion of the Site.
That by posting or submitting any text or other materials to the Site you grant Cornell Lab of Ornithology a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.

IV. Liability
The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.
You acknowledge that due to the immediate nature of this medium, Cornell Lab of Ornithology does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. Cornell Lab of Ornithology will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.
The Site may provide, or third parties may provide, links to other sites or resources. Because Cornell Lab of Ornithology has no control over such sites and resources, you acknowledge and agree that Cornell Lab of Ornithology is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cornell Lab of Ornithology shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

V. User Conduct
All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Cornell Lab of Ornithology to do so.
Conduct by any user that, in the sole opinion of Cornell Lab of Ornithology, constitutes over use or abuse of the right to access data which restricts or inhibits any other user from using or enjoying the Site will not be permitted. Cornell Lab of Ornithology reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CORNELL LAB OF ORNITHOLOGY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Site.

VI. Indemnification
You agree to indemnify, defend, and hold harmless Cornell Lab of Ornithology; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. Cornell Lab of Ornithology reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Cornell Lab of Ornithology in asserting and available defenses.