JaykeBird.com Terms of Use

Last updated 4 June 2021

A. Definitions

"You" and "your" refers to the end user.

"JaykeBird.com", "this website", and "this site" refer to this website, accessed via the web domain "jaykebird.com" or other appropriate means, and all content that is stored on this domain.

"JaykeBird", "Jacob Huempfner", "me", "I", and "Developer" refers to Jacob Huempfner, the owner and administrator of this website JaykeBird.com.

"Third Party Software" refers to third-party libraries or code that I use to add functionality to the website and to enhance the experience. These libraries may be subject to their own terms, in addition to these terms here.

"Current Terms" refers to the most recent and current version of these terms, as published online on this website, that are indicated as the current version of these terms.

B. Licensing

I provide you a license, which cannot be transferred or sold, to access and utilize the features of this website on any appropriate device, such as a desktop computer, a mobile phone, or other Internet-connected devices. This does not make you an owner or stakeholder, in part or full, of the features on this site, only the recipient of a license to utilize it.

I provide you the right to access and utilize the features that are specifically offered to you through the interface of this website, and you may continue to use these features as long as you abide by these terms. You do not have the right to access and utilize features that have not been specifically offered to you. Some features may be offered without requiring an account, but other features may require you to create and maintain an account on this site to access and offer them. Accounts are discussed more in section C. You may use these features for personal, commercial, governmental, or other means, as long as that usage does not go against these terms. You may also not use these features for the means of performing or organizing illegal acts. You also have a right to your privacy, as outlined in section F and as outlined through the laws and regulations that may apply to you, as outlined in section J. This does not guarantee you any other rights in relation to this site. I reserve all other rights.

You are not allowed to sublicense, sell, rent, lease or transfer your access of this site to another individual, business, or customer.

If you perform actions that do not abide to these terms, if you do not wish to abide to these terms, or if we declare you as not abiding to these terms, you must cease all usage of this site, including accessing and utilizing all features. You must delete all accounts that you have ownership of, in part or full, although you do have the right to download all data in relation to your account(s) before deleting. Abiding to these terms is required to access and utilize this site and the features that are offered. If these terms are replaced by new terms, abiding to the new terms is required to continue usage of this site, as outlined in section K.

I may provide and display to you an abridged version of these terms. The abridged version I display is for your convenience and to educate you about these terms. The abridged version does not replace these full terms as the terms you must abide to. You must still abide to these terms even if you are only displayed the abridged version of these terms. Jacob Huempfner is obligated to provide to you a method to view these full terms.

In the situation of any discrepancies or confusion, the Current Terms, as defined in section A, will be the reference used in regard to interpretation and adherence, and will be considered the most complete version of the terms that must be abided to. I may make publicly available older versions of the terms, but I am obligated to indicate which version is the current one which be used as the reference, as defined in section A.

These terms (or Current Terms) and this license apply additionally to all updates, supplements, and other content that is provided to you through the usage of this website. These terms and this license additionally apply to all components of this site, as well as all files which define this site and are utilized by this site to perform its functions, even if separated from the rest of this website.

These terms (or Current Terms) function as the entire agreement beyween you and Jacob Huempfner, unless expressed otherwise in a written form.

C. Usage / Account

I permit you to utilize all functionality of this site that is accessed via standard means (such as logging into your account, and interacting with the GUI this site provides). We reserve the ability to determine if any usage is against these terms, and thus declare you as not abiding by these terms. You may not utilize this site in any way that is considered against the law.

By creating and maintaining an account on this site, you agree to abide to these terms fully. To create and maintain an account, you must provide certain information, including your email address and your date of birth. I must collect and store this information in order to have you maintain an account on this site. You agree that the information you provide in your account is accurate fully to the extent of which you are aware. You may not create and maintain an account while providing information that is false or incorrect. You must be at least 13 years of age to create an account, which I enforce by requiring all users to provide their date of birth. If you provide a false date of birth, and/or are not at least 13 years of age, then you are not abiding by these terms as agreed and must cease usage of the site as outlined in section B. You agree that the email address you associate the account with is an email address that you have authorized access to, and can be proven by verifying the email address you provide. You may not create an account using an email address that you do not have ownership or authorized access to.

You may own and operate more than one account, and you may also share ownership of an account with one or more individuals, as long as you are agreed to be and identified as one of the owners of the account (such as in a written or verbal agreement between you and the other owners of the account). You may not access or utilize an account that you do not have ownership, in part or full, of. Certain accounts may have access to features that other accounts may not have; you are not allowed to access or utilize features that are not available to the account that you own and are actively using. You are also not allowed to access and utilize features on this site that require an account, if you do not own an account on this site.

I may, without prior warning, require proof of identity to show that you are the owner of a given account; if you refuse to provide proof, I may declare you as not abiding by these terms. I have sole discretion in determining what types of proof of identity I may require, such as proof of ownership of an associated email address, a photo ID, or other means, as long as it something reasonable for a person to provide as proof of identity. I am obligated to not share, store, or in any other way perform additional processing or actions utilizing the proof of identity that you provide. I am limited to using the proof of identity that you provide to ensuring that the account in question is one that you own.

If you share ownership of an account with one or more individuals, all individuals of the account agree to abide to these terms and agree that they have been given opportunity to view these terms for themselves. An individual may not own an account on this site if they have not been given access to these terms. If an individual is provided ownership of this account without being able to see these terms, they must either relinquish ownership of the account or delete the account. I am obligated to provide a consistent means with which these terms (or the Current Terms) may be seen. All individuals must be at least 13 years of age.

You may not work around any intentional limitations of this site. You also may not reverse engineer, decompile, or in any other means attempt to obtain or determine the source code of this site. You may not modify any part of this site for the function of viewing, adding, modifying, disabling, or removing functionality or features, beyond what this site provides through standard usage.

As is the very nature of websites, some data or files from the website may be transmitted to your computer or to another device, through which you can operate and access the site. You may have access or ability to view this data or these files through the web browser you utilize or via other means. You may access, view, and temporarily store these files as needed, especially for the primary functions of accessing and using this site. You may not, however, access, store, or create copies of these files for the intent of working around limitations of the site or gaining access to accounts or data that you are otherwise not allowed to access.

You do have a right to your privacy, and I wish to respect and uphold that as much as I reasonably can. This is outlined further in section F.

D. Your Data

Throughout accessing and utilizing the features of this site, you may create, store, or upload data to this site. Any data that is created by you are your property. I am not the owner of the data you create, nor do I take any rights in regards to this data. Barring the limitations provided by these terms and limitations provided by other relevant terms or by laws and regulations, you are permitted to utilize, share, transfer, or in any other way make decisions about your data as you see fit.

I will not use the data you create or provide for the purposes of making inferrences about you nor for the purposes of advertisement. I will not share any data you create or provide with other individuals in any form that may be personally identifiable. This is outlined further in section F.

E. Feedback

If you provide feedback to me, including via the means included with this site, via other programs, via email, or via any other form of contact, you allow me to use, share, or otherwise act upon the feedback you provide as I see fit, without limitations and without payment. I am not under any obligation to act upon the feedback you provide, barring any requirements enforced by laws or regulations. If I do act upon your feedback, I do not have any obligation to credit, compensate, or in any other way personally identify you. You may credit or identify you as a courtesy, but I am not required to do so and you may also opt to not have me do so.

F. Privacy

By accessing this site, creating and maintaining an account, creating data, storing data, or uploading data, you give me access to the data and information you provide in order to perform the functionality of and to offer to you the features of this site. Some of this information may be data you explicitly provide yourself, such as entering information into text boxes as required, and other information may be gathered automatically, such as information about the computer and web browser being used to access this site. Some of this data or information may contain personally identifiable information. I will not use the data or information you provide to perform any function that is not related to this site and the features it offers. The data and information you provide will not be used for making inferrences about you, and will not be used for the purposes of advertisement.

The data and information you provide will not be individually sold or shared to other parties. I will not be sharing, leasing, or selling any personally identifiable information to other parties. I may compile the data and information you provide into a larger database or dataset, along with the data of most or all other users of the site. With this collected data, all individuals will be made anonymous, and it will not be used to personally identify you. I may share this collective anonymous data with other parties, but this data will not be able to be used for personally identifying you. This collective anonymous data will be used for statistical purposes, and to improve this site and the other services that I may offer, including information about which platforms are good for me to focus upon, which features are not being utilized, and how the features are being utilized in a general sense.

This compiled collective anonymous data will be discarded within 26 months of compiling the data. However, statistics and information created based upon or as a result of this data may remain beyond 26 months. This statistics and information will not allow me or others to trace back to any individual person. This statistics and information may be used for the purposes of marketing and advertisement, but will not be used for targeted advertisement towards yourself or any other individual person.

If errors, issues, or unintended problems occur through usage of this website, some additional information may be collected. This collected information may contain personally identifiable information. This information will be solely collected for the purposes of remedying these errors. This information will be discarded when an error is solved, when an error is deemed inactionable, or after 6 months, whichever occurs first.

You have the right to download a copy of all information that you have provided to us and that has been compiled about you individually. I am obligated to provide for you a way to access and download this. You also have the right to delete your account at any time and remove all of your data from this site.

G. Third Party Software

Some Third Party software may be used to perform certain functions on the site or to enhance functionality on the site. I am obligated to share what third party software is used, and I am obligated to offer to you a means to view the relevant terms or licenses that this software may have.

By utilizing this site and utilizing the features and functionality that is offered, performed, or enhanced via this Third Party software, you also agree to abide by the relevant terms and licenses of that software. The terms or licenses of the software may be more permissive than these terms, and in any situations where they conflict, these terms will apply first to the extent possible. If you do not abide by the terms or licenses of the Third Party software, I may declare you to not be abiding to these terms.

H. Warranty

I am not obligated to provide any support or services in relation to this site, the functionality and features that are offered to you, or any Third Party software. I offer this license, as outlined in section B, to you "as-is" and you bear the risk of using it. These terms do not provide a warranty from me, including express or implied warranties, in regards to this site. I am not obligated to provide recovery or compensation to any damage, including direct damage, consequential damage, loss of profit, loss of data, indirect damage, or incidental damage, as a result of using this site, utilizing any features or functionality of this site, or creating or maintaining an account.

This section still applies even if I am aware of the possibilities of such damage occurring, or should have been aware of such possibilities. This section may not apply, in part or in full, based upon certain laws and regulations, as outlined in section J. If any part of this section does not apply, the remaining parts do remain in effect and have authority.

(Section letter I is skipped for readability purposes.)

J. Applicable Laws and Exceptions

Depending upon the state or country that you reside and/or do business in, there may be laws, legal documents, regulations, or other statements of primary authority that provide rights or other permissions that contradict with the terms of this agreement. In all cases, and only these cases, where these contradictions occur, the laws and statements of primary authority will have prevalence or superiority over these terms. All other parts and test of these terms will continue to have authority and be in effect.

If you live in the United States, Wisconsin law applies to the interpretation of these terms, ant to any declarations of you not abiding to these terms. If you live in a different country, the laws of where you reside apply. As outlined in section B, the version of these terms available publicly on this website, defined as the Current Terms in section A, will be the reference used in regard to interpretation and adherence of these terms.

K. Expiration and Changes

These terms do not have an expiration date. As long as you utilize this website and the functionality it provides, and as long as there is a legal person or legal entity to uphold these terms, these terms will continue to apply, with the exception of the paragraph below.

If there are any changes made to these terms, the changes and new terms will wholly replace the existing terms and existing terms will no longer be applicable. I am obligated to provide you reasonable notification if there are any changes, such as sending an email, and will provide to you a means to access the new terms. By continuing to utilize the site and maintain your account(s) after these changes were made, you automatically agree to these changes and the new terms. If you do not wish to agree to the new terms, you must cease all usage and delete your account, as outlined in section B.

As outlined in section B, the Current Terms, as defined in section A, will be the reference used in regard to interpretation and adherence.

I am not obligated to agree, abide, or adhere to any changes that you may make to these terms.