JaykeBird.com Terms of Use

Last updated 1 October 2023

A. Definitions

For the purposes of these terms, this is an agreement between You (as in, actually you, the one reading this and using my website) and Me (as in, Jacob R Huempfner, the owner and administrator of JaykeBird.com). I’ll also refer to myself as “I”, “Developer”, and “Jayke”.

My website is JaykeBird.com, which you can access via certain programs, like web browsers, via the web addresses “jaykebird.com”, “jaykebird.azurewebsites.net”, “shinecalendar.com”, and perhaps some others. For these terms, we’re specifically referring to my website, your usage of and interaction with it, and any content that I have put onto this website. I’ll refer to this as “my website”, “this website”, and “this site”.

When it comes to the actual items on my website or that make up my website, such as the text, images, code, and other files, I’ll refer to all of that as “content”. As in, the content of this website. These files will still be referred to as part of the content, even if separated from the rest of my website (such as downloading an image or code file to a different folder on your computer).

As a part of using this website, you may be able to create, upload, or store content or data to my website (such as via using a feature while logged in to a user account). Such content or data will be called “Your Data”, and will be discussed further in section D.

My website does utilize code written by other developers to add functionality or improve the experience. This code or libraries from other developers will be referred to as “Third Party Software”. I’ll discuss that more in section G.

To be specific, “Current Terms” refers to the version of the Terms of Use (i.e., this very document) that is published online on this website and indicated as the current terms, and are the terms that you and I both agree to. I’ll delve more into this later in section B.

B. Licensing

B1. License to Access My Website and its Content

I provide to you a license to access and use my website’s content and features using an Internet-connected device, such as a desktop or laptop computer, a mobile phone, or other devices (like a game console, for example). I provide this license to every visitor to my website (granted that they agree to the Current Terms), so this license I give you cannot be transferred, sold, sublicensed, rented, or leased. In other words, pretty much anyone can access this website for free, so don’t sell access to it to others, because they’re also just as capable of accessing this website for free.

As part of the license, you can access and utilize the content and features on my website, as specifically offered to you through the website’s primary intended interface (which will most likely be interacting with my website through your web browser). As long as you continue to agree to (and abide by) the Current Terms, you can continue to use this license and access this content. You can do this for any purpose – personal, commercial, governmental, or other – as long as that usage does not go against the Current Terms, and it isn’t for the purpose of performing or organizing illegal acts. In other words, don’t use my website to do illegal things.

B2. Usage Restrictions

You’re free to use the content on this website as part of your own websites, programs, or other services, but your offerings cannot simply be just a repackaging of my website’s content. For example, if a user could replace your offerings with just accessing my website directly without any practical loss in functionality, then your offerings aren’t enough to abide by these terms, and wouldn’t be allowed. Instead, your programs, websites, or services need to do something transformative with this content – some examples would be converting some content into a different format (i.e., to use with other applications) or using my website’s content as a base and adding your own features on top of that.

Some content may be restricted to you though, such as content that requires that you have an account on this website or content that other user accounts have to share with you first. There may also be some content that is restricted to only certain user accounts to have access to. You don’t have the right to access this restricted content – for example, accessing other user accounts’ content that wasn’t shared with you, or accessing content or features of the website that require a user account when you don’t have one. We’ll discuss accounts in section C.

You cannot access my website in a way or manner that will harm the performance or experience of my website for other users, overburden or impair my website or the infrastructure that supports it, or prevent my website from functioning or working properly. For example, an excessively high volume of requests, especially with harmful or malicious intent, is not allowed.

B3. Source Code

You are not allowed to work around any intentional limitations of the website. You may not modify any part of this website or its content for the purpose of viewing, adding, modifying, disabling, or removing functionality or features that would otherwise not be accessible to you, or that isn’t surfaced to you through the website’s features. To summarize, if something isn’t available to you, don’t try to get around that.

The source code that provides the functionality of this website is not open source (minus the parts that we’ll cover in section G), and is not available for public viewing, editing, modifying, or copying. To that extent, you are not allowed to reverse engineer, decompile, or attempt to obtain or determine this source code in any fashion.

Part of what makes up this (and practically any) website, though, are HTML, CSS, and JavaScript files, of which you’re able to view the markup and code through features in your web browser. In these instances, this is okay to access and modify (on the assumption that any changes to these will be only to affect how the website appears on your device), but you cannot use these files to attempt to determine the other source code of the website. You also cannot access, store, or create copies of these files on your computer with the intent of working around limitations of my website, or gaining access to accounts or content that you’re otherwise not allowed to access.

To reiterate, this website is not open source. It is closed source, and any attempts to determine any part of the source code of the website that isn’t downloaded to your computer (as part of the normal functions of a web browser) are not allowed.

B4. Other Rights

You have a right to your privacy and certain jurisdictions may include specific privacy rights. We’ll outline that more in section F.

You are not guaranteed any other rights in relation to my website. I reserve all other rights, including the right to determine if you’re not abiding by these terms.

B5. Abiding to and Access to the Terms

If you decide not to abide by these terms (such as declaring intent, or taking any action that would go against these terms) or if I declare you are not abiding by the Current Terms, you must cease all usage of this website and cease all access of its content and features. You must delete all accounts you have any amount of ownership of, although you’re free to download all data in relation to your account(s) before deleting.

I may write up an abridged version of these terms, presented in a more digestible format, for the purposes of education and convenience. The abridged version does not replace these full terms (or the Current Terms) as the terms that you must abide to, even if you do not view the full terms at any point. I’m obligated to indicate the abridged version does not cover the full terms, and to provide to you a method to view these full terms – for example, a “see full terms” link at the bottom of the page or experience where the abridged terms are displayed.

If there’s any confusion or issues, the Current Terms as displayed on the website (and defined in section A) will be what you and I will refer back to (i.e., in regard to interpreting meanings and establishing adherence). The Current Terms will be seen as the most complete version of these terms. I may provide a way to access earlier versions of the terms, but I will indicate which version is the Current Terms for this purpose.

In regard to my website and its content, these terms (or the Current Terms, if it differs from these terms) will be the entire agreement between you and I (Jacob R Huempfner), unless otherwise expressed in a written form.

C. Usage / Account

C1. Information Needed for an Account

When you create an account on my website, you’ll be asked to provide some details about yourself, including an email address that you own/control and your date of birth. This information is needed to create an account, and will be stored on my website as long as the account still remains on my website.

When providing this information, you agree that what you provide is fully accurate. Specifically, the date of birth is correct and true, and the email address you provide is yours or is one you have authorized access to. In other words, please don’t lie about yourself when creating an account and please don’t use someone else’s email address.

The date of birth is needed to verify that you are at least 13 years of age when you create the account. You are not allowed to create an account if you are less than 13 years of age. I need to have this restriction to make sure that I’m complying with regulations.

The email address is needed to provide important communications with you about the website as required (I’m not using it for spam or selling off to other people), and is also used as part of a process to ensure actual people are creating accounts on my website, not bots. You may be asked to verify you have access to your email address (via a confirmation email that will be sent when the account is created), and certain features or content of the website may not be available to you if you don’t verify your email address.

C2. Multiple Accounts and Multiple People

You can create, own, and operate more than one account, but these accounts cannot be controlled by unattended programs, bots, or other similar technologies. Accounts are meant to be accessed by and used by actual people. If I identify an account is being controlled in such a manner, I may delete or restrict that account without warning.

Multiple people can share a single account, although this is heavily discouraged. There must be an agreement (written, verbal, or otherwise) about who are the shared owners of the account, and you are not allowed to access an account (and that account’s specific content) that isn’t agreed to be shared with you. Each person who shares ownership of the account must agree to abide to the Current Terms, and each person will have access to view the Current Terms via a consistent location on the website (which can be accessed via the footer section of the website, or a similar section or location). Each person must be at least 13 years of age, and the date of birth listed on the account must match the date of birth of at least one of the shared owners.

C4. Impersonation, Parody, and Verification of Ownership

You cannot create an account on behalf of another person, business, or any other form of entity without their express permission. In other words, do not impersonate others. You are encouraged to only represent yourself or a business or entity you own, in regard to creating and maintaining an account.

Parody accounts are allowed, but are encouraged to stay tasteful, and there should be no ambiguity as to whether an account is a parody or is truthfully owned by the person, business, or entity in question. To this extent, parody accounts should have some marking on their profile that clearly and reasonably identifies the account as such – such as words like “parody”, “unofficial”, or other appropriate terms or language.

I may, without prior warning, require proof of identity to show that you are the owner of a given account. This is primarily done to ensure that the Current Terms are being followed and to verify ownership of an account, and the required proof will not be stored, sold, or shared with others. I may ask you to verify that you own or control an email address, or I may ask for reasonable documents like a photo ID. I have sole discretion in determining what proof is required, but I must inform you for what reason I’m asking for this proof, and I can only ask for documents that are reasonable to satisfy that reason.

C5. Usernames and Passwords

When creating an account, you will be asked to create a username, and asked to provide a password or authentication through another web service (by logging in to your account on that web service).

When creating a username for your account, please be mindful about the words or name that you use. Usernames that could be egregiously offensive, discriminatory, excessive in certain language (like gore or sexual content), or otherwise untasteful are not allowed. If you have such a username, I may (without prior warning) change the username to something else. I have sole discretion in determining this. There are similar things to keep in mind in regard to any other content you make on the website, but I’ll cover that more in section D.

You are heavily discouraged to use your username or email address as your password. I do not store passwords as plaintext, so if you lose or forget your password, you will need to have it reset. I will not know what your password for this account is, and neither will anyone else accessing this website alone. You are encouraged to use a unique password for your account on this website, as sharing passwords with multiple accounts opens you to a higher security risk.

C6. Other Account Restrictions, Account Information, and Moderation Actions

As outlined in section B, certain accounts may have access to some content or features that other accounts do not have access to. You are not allowed to access content or features for an account that you do not own.

I reserve the ability to delete an account, restrict features or content of an account, or disable or delete certain features or content. This can be done at any time, for any reason, and without prior warning. This being said, I generally want to avoid any harsh actions or reactions, so the primary goal with this ability is to perform moderating or administrative actions, or to counteract perceived actions that do not abide by the Current Terms – but again, I am not limited to those specific scenarios.

I wish to value and respect your privacy. I have implemented certain features on the website to this effect, and will continue to research into what more I can do. Please see section F for more info on privacy.

D. Your Content

D1. Content Ownership

While accessing or utilizing the features of this website, you may create, store, or upload data or content to this website. As defined in section A, this data or content is “Your Data”. This content or data that is created by you – that is, Your Data – is your property, and I assume no ownership. These terms are not meant to take away or infringe upon any rights you have in regard to the content you own.

You may have access to certain features or settings to change how Your Data is available to others. To limit how Your Data can be seen or accessed by others, you are encouraged to utilize these features or settings.

You have freedom over which content you wish to store on this website, such as the information you store in your profile and the content you create or edit as part of the website’s features. Beyond what is needed to create an account (as listed in section C), nothing else is required.

D2. My Usage of Your Data

In order to operate the website and have Your Data on the website, you will need to grant me some permissions. Specifically, you grant me an irrevocable, non-exclusive, royalty-free license to certain actions in regard to Your Data, at the time of creation or upload to the website. This license is to store and display Your Data on your behalf (so that you can still access Your Data again next time you log in, or so that other users can view or edit the content you share with them), including hosting, distribution, public performance or display, and making copies (such as backup copies).

As a part of this, your username will also be associated with Your Data (more specifically, the username of the account you used when uploading or creating that content or data).

I will not use Your Data for the purposes of making inferences about you nor for the purposes of advertisement. I will not share Your Data with other individuals in any form that may be personally identifiable (beyond the sharing and features allowed within the website itself). I’ll discuss this further in section F.

D3. Content Deletion

You’re free to delete the content or data you own from this website at any time, and you’re free to delete your account (and all data associated with it) at any time.

When you request the deletion of some (or all) of Your Data, or you request deletion of your account, it may take some time to fully delete it from my website (such as the time it takes to process deletion requests, or to have that content or data also deleted from backups). In general, this should only be a matter of minutes, but it may take up to 90 days in some cases. However, once deletion is requested, the content will be hidden so others cannot see it.

There may be situations where Your Data is needed in order to comply with a legal request, investigate violations to the Current Terms, or in matters of protecting my (or my website’s) integrity, safety, or defense. In these situations, content or data that you requested to delete may not be deleted within the outlined time period. This content or data will only be preserved as long as needed to complete these functions, and will be hidden from general access and display on the website.

Once data, content, or an account is fully deleted, including deletion from all backups, it cannot be recovered.

D4. Content Limitations

The content or data that you create or upload to my website cannot be for malicious or illegal purposes. This includes viruses, malicious code, or other content or data that could be harmful to: me, others, my website, the infrastructure of my website, others’ access to my website, or others’ websites. To reiterate, content or data that would disrupt the normal process and actions of others, or the normal actions and integrity of my website is not allowed.

Content that is discriminatory, egregiously offensive, or excessive in certain language (such as violence, gore, or sexual content), or otherwise egregiously untasteful is not allowed. This website is meant to be friendly and welcoming to people from all backgrounds and with any manner of identities, and content that acts against these desires is not allowed. Specific unallowed types of content includes sexism, racism, homophobia, transphobia, and discrimination based upon religion, creed, ethnicity, background, medical or mental condition, or other protected categories.

Content that poses an immediate threat or danger to yourself or to others is also not allowed – even including content that threatens violence or harm but may not be actionable.

In regard to all such unallowed content, I reserve the sole discretion and right to delete, hide, or disable such content as necessary. There may be cases where I may not act upon all such content in a timely manner, but this does not equate to permission or consent for such unallowed content to be on my website.

Remember that my website is a private entity, and I am a private person, so I have the right to determine what types of content I want to allow on my website or not. If the content you wish to create or share goes against the desires of my website, you are instead free to create, host, and/or share that content on another website or in another manner that has terms or rules that are more favorable to your wishes.

E. Feedback

If you provide feedback to me (such as via a feedback form or section on my website, via email, via social media, or via any other form of content), you allow me to use, share, or otherwise act upon such feedback as I see fit. This is without any limitations and without payment.

I am not under any obligation to act upon the feedback you provide.

If I do act upon your feedback, I am not obligated to credit, compensate, or in any other way provide a reward to you. That being said, I am interested in trying to credit or identify you when possible, as a form of courtesy (unless you’d rather I didn’t), but again – I am not required to do so.

F. Privacy

F1. Different Types of Data Collected

While you are accessing and utilizing my website and its content, four types of data may be collected. The website does not provide means to disable any of this data collection directly.

I will discuss these four types of data, what they are, and how I act upon or use them.

F2. Data Needed to Operate a Website

There is the basic data necessary to run and maintain a website, such as requests that are sent in to my website (typically via a web browser) to load a page or provide some content. Such data is required as a matter of fact so that I can provide to you the features and content of my website.

Included in these requests are certain pieces of data called cookies. These cookies are data that is stored on your computer and is often associated with a specific website or a specific part of a website. Various websites will use cookies for various purposes.

For my website, I utilize cookies to perform functions like keeping you logged in to your account, storing Your Data for you, performance and statistical data collection (as discussed later), providing stability and security, and fulfilling legal requirements or obligations.

My website does not provide a method to selectively determine which cookies should or should not be included in the requests, so by using my website and accessing my content, you agree to the usage of all such cookies (as indicated by the consent banner at the top of the page when you first visit my website). This being said, you are encouraged to investigate the tools or extensions your web browser may have to provide you controls in regard to cookies, if you so desire.

When these cookies are provided in a request to my website, these are only utilized for immediate processing, and are not stored by my website for any amount of time beyond that. Statistical information about requests as a whole may be collected, as discussed later in this section.

F3. Data Provided to Me Directly by You

I will collect the data that you directly and explicitly opt to provide to me for the purposes of creating and maintaining an account, or interacting with my website’s features.

Some of this information is required, such as your email address, date of birth, and a username. I outlined in section C why this data is needed, and should be accurate and true.

As outlined in sections C and D, some of this information may not be required, such as additional information you put into the profile section of my website, or additional content or data you create or upload (Your Data) via my website’s features. This optional data is explicitly provided to me by you. You have discretion on how much of this data, if any, you provide and what sort of personally identifiable information you include with this data.

As long as your account is maintained on my website, this data you provide will continue to remain. All of this data can be changed throughout the lifetime of your account, and most data you provide can be later deleted, but some pieces of data (such as the email address, username, and date of birth) cannot be deleted and removed entirely while you still have an account – only changed.

You are able to delete your account at any time. When you delete your account, all of the data you provided as a part of your account will be deleted and removed as well (including the pieces of data that otherwise cannot be fully deleted) – barring exceptions as listed in section D.

I will not sell or share this data with other parties, nor will I use it for the purposes of making inferences about you, providing advertisements, or any other purpose wholly unrelated to this website. This includes all data as a part of your account, not just only personally identifiable information.

You have the right to download a copy of all information that you have provided to us in this manner. I am obligated to provide for you a way to access and download this information and data, although I may put reasonable limits on frequency of access in order to prevent malicious use of this feature or potential performance problems.

F4. Anonymous Statistical Visitation Data

I collect anonymous data about the usage and performance of my website, by using services that third parties (such as Google Analytics) may provide. This data will include information about which pages are being viewed the most, the general (non-specific) location of the people who are visiting my website, and the types of browsers or devices being used to visit my website. Other statistical information may include language information, length of website visiting sessions, how certain webpages are visited, or the most common navigation paths that users take on my website.

Such a third party service may associate this data with you via a cookie placed on your computer, but is presented to me as collective, anonymized data. I may be able to identify a specific randomly-assigned visitor ID (as provided by this third party service, and not associated with this website’s user accounts), but I am not able to utilize this data to personally identify anyone. The usage of this data is so I can notice trends, general behavior and habits, and identify the relative popularity of various parts of my website.

With this third party service, such collected data may be stored for up to 26 months. My website does not provide a way for you to disable this collection directly, although you are encouraged to investigate tools or extensions your web browser may have to provide you some control or manner to disable this, if so desired.

F5. Anonymous Statistical Performance Data

I collect anonymous data about the performance and resource utilization of my website, as provided through my website’s hosting service, Microsoft Azure. This includes information on CPU usage, memory usage, processing time, code exception or errors, and other information in regard to hosting and serving my website.

This data is stored for a maximum of 90 days, and is collected about the site as a whole, not directly tied to any individual visitor or account. As such, this data collection cannot be turned off on an individual basis, and is instead collected for the site as a whole.

I may be able to identify a specific randomly-assigned visitor ID (as provided by the website host), but this ID is not associated with any other data (including statistical data above, or user accounts on my website) and cannot be utilized to personally identify anyone.

F6. Compiling Collected Data for Other Uses

I may compile the information or data that has been collected into a larger database or dataset, which will include information from all visitors and/or accounts on my website.

In this compiled database, all information is anonymized (and any personally identifiable information removed), so the compiled database cannot be used to personally identify you.

I personally use this compiled database to compile statistics, identify trends and behaviors, and provide marketing or publicity material about my website itself. I also use it as a reference when improving my website or determining the features or services I may or may not offer. I may provide this compiled database to other third parties to perform these functions on my behalf.

To reiterate, this compiled database has collective, anonymous data that cannot be used for identifying or tracing back to any individual person. This compiled database is not used for the purposes of any advertising to my visitors, targeted or non-targeted, and it is not associated with any other data related to anyone’s activity on other websites or services.

Each time a compiled database is put together, it will be deleted within 26 months of being created. However, certain materials, such as released statistics or marketing materials for my website, or other information or items created as a result of this compiled database may last beyond those 26 months.

Some examples of information I’d pull from this compiled database include: “my website has reached X number of accounts”, “X number of people have visited my home page today”, “X accounts have been logged into in the past 24 hours”, “of all the visitors to my website in the past week, X percent of them are in country Y”, and “X percent of accounts have their gender set to ‘non-binary’”. As indicated here, the information I’m looking to pull is in relation to overall numbers, percentages, and amounts, not individual people or individual actions.

G. Additional Software or Licenses

I utilize some Third Party Software in certain aspects of my website. This is to provide certain functions, enhance my website’s security, or offer other improvements to my website’s experience or to my experience while building my website.

I am obligated to share what Third Party Software I use, and to provide a means to view the relevant terms or licenses that each Third Party Software may have. Most, if not all, of this Third Party Software is available under an open source license.

While using my website and its features, you also agree to abide by the terms or licenses of that Third Party Software, in addition to the Current Terms of my website. Generally, the open source licenses are much more permissive and have little to no limitations of their own. However, these open source licenses only apply to those specific Third Party Software, and do not apply to my website as a whole.

Some portions of the content I built and provide on my website may be offered separately under an open source license. Those separately offered items fall under the terms of the relevant license, but the content as is presented and accessed through my website is offered through the Current Terms.

H. Warranty

I am not obligated to provide any support or services in relation to this site, the functionality and features that this site offers, or any Third Party Software. I do not have any obligations or guarantees on service level or availability.

I offer this license (as discussed in section B), my website, and its content and features to you “as-is” and you bear the risk of using it. These terms do not provide any warranty, including express or implied warranties, in regard to this website.

I am not obligated to provide recovery or compensation for any damage, including direct damage, consequential damage, loss of profit, loss of data, indirect damage, or incidental damage, that come as a result of using this website, accessing its content, interacting with any features of functionality of this website, or creating or maintaining an account. This still applies even if I am aware of the possibilities of such damage occurring, or should have been aware of such possibilities.

(Section letter I is skipped for readability purposes.)

J. Applicable Laws and Exceptions

J1. Severability

Depending upon the state or country that you reside and/or do business in, there may be laws, regulations, or other legal documents or similar items that provide you rights or other permissions that contradict with these terms.

In only the specific cases and portions of text that these contradictions occur, the laws or regulations (as they apply to you) will have prevalence or superiority over those specific, relevant portions of these terms, and such portions of these terms can be disregarded. All other portions, text, and sections of these terms will continue to have authority and be in effect.

J2. Applicability of Law

If you live in the United States, Wisconsin law applies to the interpretation of these terms (and/or Current Terms), and to any violations of these terms (and/or Current Terms).

If you live in another country, the laws of where you reside apply.

K. Expiration and Changes

These terms do not have an expiration date. As long as you continue to use this website and/or access its content, and as long as there is a legal person or legal entity to uphold these terms, then these terms will continue to apply, with the exception of the paragraph below.

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

As outlined in section B, the Current Terms 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.