Discover the life of birds
Simply Stunning BirdsTM
Discover the life of birdsTM
Effective as of May 1st, 2015 (Last Updated May 3rd, 2021)
1. Conditions Modulating Use of Content
The reproduction or unauthorised use of Simply Stunning Birds TM content is strictly prohibited, and punishable by law. All content on this website [simplystunningbirds.com] or on this YouTube channel may not be used without the signed written consent of the website owner (Oliver Rose), and is otherwise exclusively owned by Simply Stunning Birds TM , apart from the following two exclusions:
Modifications to the original camera shutter clipart (from kissclipart); light shimmer effect and warp effect (changing the colour and texture of parts of the original clipart), the superimposition of an artistic impression of an original image (helmeted honeyeater), brand name and tagline integration, logo border inclusion and removal of specific elements of the original clipart, represents the significant modification of the original clipart to an extent that the redesigned meaning conveyed by the new piece (of a helmeted honeyeater staring into the lens of camera; its yellow plumage reflecting off the camera lens and thus allowing viewers to learn about its life, hence, 'discover the life of birds') constitutes transformative use. Therefore, the brand logo is considered the intellectual property of Simply Stunning Birds TM and is protected under copyright.
Any right not expressly granted to you in this agreement remains the right of Simply Stunning Birds TM or the respective rights holders. This means, for example, that using the service does not give you ownership of any intellectual property rights in the content you access (including any branding used on or displayed in the service).
i) The strip background (laterally inverted) image https://wallpapercave.com/w/wp5483732 which is under a CC0 1.0 Universal meaning "Public Domain Dedication"; and thus is not subject to copyright.
ii) The camera shutter clipart in the Simply Stunning Birds TM brand logo, which is under a CC0 1.0 Universal meaning "Public Domain Dedication" https://www.kissclipart.com/camera-lens-clipart-camera-lens-clip-art-inn97h/.
Submitting, transmitting or displaying any licensed content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Simply Stunning Birds TM or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval is prohibited.
Simply Stunning Birds TM reserves the right, at any time and without notice being given, to revoke a user's, organisation's or third party's rights to submitting, transmitting, adapting, reusing or displaying any previously licensed content.
The use of any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the services (or its data and/or content) provided by Simply Stunning Birds TM, or in any way reproduce or circumvent the navigational structure or presentation of any of the services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Simply Stunning Birds TM services is prohibited.
You may not act in a manner which might be perceived as damaging to Simply Stunning Birds TM reputation and goodwill or which may bring Simply Stunning Birds TM into disrepute or harm.
You may not falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Simply Stunning Birds TM or any third party endorses you, your user platform, your business, your user products, or any statement you make.
It is illegal to disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Simply Stunning Birds TM services, user platform, the account of another user(s), or any other systems or networks connected to the Simply Stunning Birds TM services, by hacking, password mining, or other illegitimate or prohibited means.
Accessing or using the services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service is not allowed.
You are allowed to, as a user of Simply Stunning Birds TM, view this website [simplystunningbirds.com] or our YouTube channel, or present or share content owned by Simply Stunning Birds TM that is accessible to you through these services, on approved social media platforms See 3, through search results generated by certified search engines [i.e. Google, Bing, Yahoo, Ecosia] on a certified browser [i.e. Microsoft Edge, Safari, Opera, Brave, Google Chrome] for recreational and non-profit educational purposes only.
2. Copyright and Trademark Regulations
The copying of website images in any form, including but not limited to screenclipping, screenshotting and copying or saving the content is prohibited.
IP Australia - Australian Government, enforces the following in accordance with the Copyright Act 1968:
The owner of copyright in software has the exclusive right to:
make copies of the software
publish the software
communicate the software to the public
make adaptations of the software
enter into a commercial rental arrangement with respect to the software
license others to do any of the above.
Copyright also covers published materials accompanying software such as user documentation, website content and software user interfaces in the form of original text, images and layout.
Identical terms and conditions apply regarding the use of the website's content which may be displayed on third party websites or through search engines.
Simply Stunning Birds TM is an unregistered trademark, and thus its reuse is illegal and punishable by Australian Law. IP Australia - Australian Government, states that "using another person's trademark (whether it is registered or not) as your own is against the law. Known as 'passing off', it is an offence under the Competition and Consumer Act 2010." The brand tagline "Discover the life of birdsTM" is also an unregistered trademark, appearing on Simply Stunning Birds TM branded content; and thus, is subjected to the same regulations.
You agree not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Simply Stunning Birds TM Website, the Simply Stunning Birds TM YouTube channel, the Simply Stunning Birds TM services (or any part thereof), any content offered by Simply Stunning Birds TM or third party services for use and display within user platforms and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Simply Stunning Birds TM prior written and specific consent and/or as expressly permitted under the Simply Stunning Birds TM Terms.
It is illegal to:
Sell, license, profit from or exploit for any commercial purposes any use of or access to the content and/or Simply Stunning Birds TM;
Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights on any of our content, including copyright mark [©], Creative Commons [(cc)] indicators, brand logos or taglines, and/or trademarks [® or ™] contained in or accompanying the content.
All photographic and videographic works, services and features on Simply Stunning Birds TM are subject to the conditions stated in the Berne Convention for the Protection of Literary and Artistic Works (1886) and are protected by copyright for a length of time of either (i), the period specified in the Bern Convention (applicable to the 179 signatory UN Member states) or (ii), the period specified in geo-relevant copyright law (i.e. legislation pertinent to the location); whichever is greater.
3. Conditions Outlining "Fair Use" of Content
Where website content is shared by the user on an approved social media platform (under "Fair Use" principles only), the user is obligated to site Simply Stunning Birds TM as the exclusive source of the shared content. This is often automatically completed for user protection; however it is the user's sole responsibility to verify the fact before sharing website content in any form. The user therefore acknowledges that incorrect sharing of intellectual property belonging to Simply Stunning Birds TM may damage its integrity/originality; and thus accepts potential liability, in the absence of correct citation.
Approved social media platforms include Instagram, Pinterest, Flickr, Linkedin, Twitter, Whatsapp and Facebook, although exclusive of unlisted affiliates; thus excluding differently branded platforms owned by an approved platform. Note that sharing website content on snapchat is prohibited. Sharing website content on an unapproved social media platform, offline (i.e. printed content) or in any other manner is prohibited.
The above conditions (in 3.) also apply for the sharing of Simply Stunning Birds TM intellectual property on YouTube. Note that while in some instances, content from YouTube can be shared online in the form of URL links, it is prohibited to modify, reupload or redistribute content from this YouTube channel.
Under the 'Fair Dealing' laws in Australia, exceptions to the above-listed conditions may apply.
4. Youtube - Terms of Service
Youtube advises these terms of service,
As such, the Simply Stunning Birds TM Youtube channel complies fully and produces content in accordance with regulations outlined by Youtube.
5. Maturity Rating
Simply Stunning BirdsTM produces content which is appropriate for ages 6 and above; description "animals hunting". Some children above the age of 6 may be distressed by animal mating and hunting behaviours. Simply Stunning BirdsTM is relieved of all responsibility and liability associated with any distress caused by animal behaviours, depicted in photography and videography, either on Simply Stunning BirdsTM youtube channel or the website (simplystunningbirds.com). Simply Stunning BirdsTM disallows the creation of a user account for children of ages 12 and under, although does not moderate account ages through ID verification, and shall not be liable for any repercussions associated with the illegitimate creation of an account by a user of incorrect age. Simply Stunning BirdsTM accounts created by Facebook and Google login, are age-verified (minimum age 13) by Google and Facebook when the user's Facebook and Google accounts are created; and Simply Stunning BirdsTM does not reverify the ages of users who create Simply Stunning BirdsTM accounts through Facebook and Google login; and thus, shall not be liable for any repercussions associated with the illegitimate creation of these accounts by a user of incorrect age.
6. Disclaimer of no responsibility
Although Simply Stunning BirdsTM strives to embrace a positive, insightful and entertaining user experience, we do not guarantee the completeness, reliability, validity or accuracy of any information communicated. Information communicated by third party websites available through web-links displayed on simplystunningbirds.com is not bound by the same terms and conditions, and we advise that information (provided by links which may break) on online webpages may be subject to change. All and any actions taken upon the information is strictly at the risk and intent of the user. The user accepts that any resultant damages are not the responsibility of Simply Stunning BirdsTM, and that their rectification is the sole responsibility of the user.
You acknowledge and agree that regardless of the manner in which such third party services may be offered to you (bundled, integrated or offered separately), Simply Stunning BirdsTM merely acts as an intermediary platform between you and such third party services, and does not in any way endorse any such third party services, or shall be in any way responsible or liable with respect thereto. Simply Stunning BirdsTM will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any third party services.
While we hope to avoid such instances, Simply Stunning BirdsTM, may at any time and at its sole discretion, suspend, disable access to or remove your user account and any affiliated third party services – whether or not incorporated with or made part of your user account at such time – without any liability to you or to any end users.
ii) The Personal Information that We Collect.
To provide you the Services, we must collect personal information relating to an identified or identifiable natural person. We collect personal information you provide us, from your use of the services, and from other sources. Here are the types of personal information we collect about you:
Information you provide us. When you register for our services and when you contact us directly by any communication channel. You may provide us personal information, such as name, email address, phone number, payment information (for users with paid services), information you include in your communications with us, and personal information contained in scanned identification documents (such as an ID card, driver’s license, passport, or official company registration documents).
Information we collect when you use the services. When you visit, download, and/or use any of our services, we may collect aggregated usage personal information, such as visitors’ and users’ browsing and ‘click-stream’ activity on the services, session heatmaps and scrolls, non-identifying personal information regarding the visitor’s or user’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.
Information we collect from other sources. We may receive personal information about you from third-party sources, such as i) security providers, fraud detection and prevention providers for example to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account, we may receive personal information from that service (e.g., your username, basic profile personal information) and in some cases, we may collect personal information from lead enhancement companies which help us to improve our service offering; iii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.
iii) Reasons for Personal Information Collection.
We use your Personal Information for the following purposes:
To provide and operate the services;
To further develop, customize, expand, and improve our services, based on users’ common or personal preferences, experiences and difficulties;
To provide our users with ongoing customer assistance and technical support;
To be able to contact our users with general or personalized service-related notices and promotional messages (as further detailed in Section vii below);
To help us to update, expand and analyze our records to identify new customers;
To facilitate, sponsor, and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners, and grant prizes and benefits;
To create aggregated statistical data and other aggregated and/or inferred information, which we or our business partners may use to provide and improve our respective services;
To provide you with professional assistance, only upon your request;
To enhance our data security and fraud prevention capabilities; and
To comply with any applicable laws and regulations.
We use your personal information for the purposes set out in Section iii) where:
Our use of your personal information is necessary to perform a contract or to take steps to enter into a contract with you (e.g. to provide you with a service or to provide you with our technical support);
Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have; or
Our use of your personal information is necessary to support legitimate interests and business purposes (for example, to maintain and improve our services and the effectiveness of Simply Stunning BirdsTM by identifying technical issues), provided it is conducted in a way that is proportionate and that respects your privacy rights.
iv) How Personal Information is Shared.
Simply Stunning BirdsTM (https://simplystunningbirds.com) is hosted by Wix.com Ltd. an Israeli software company, providing cloud-based web development services. Thus personal information is additionally transferred to and processed by Wix on the behalf of Simply Stunning BirdsTM; Wix does not endorse us, our user platform, our business or user products, or any statement we make.
Simply Stunning BirdsTM may share your personal information with service providers and others (or otherwise allow them access to it) in the following manners and instances:
Third Party Service Providers: Wix has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization and marketing services, content providers, and our legal and financial advisors.
Thus, Wix and Simply Stunning BirdsTM may share the following categories of personal information with Third Party Service Providers for a business purpose:
identifiers, including name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers
commercial information, for example information regarding products or services purchased, obtained, or considered
Sharing personal information from Wix subsidiaries and affiliated companies in the European Union and Switzerland to Wix’s United States subsidiary will be only when the relevant Model Standard Contractual Clauses are in place .
Law Enforcement, Legal Requests and Duties: Simply Stunning BirdsTM may disclose or otherwise allow access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
Protecting Rights and Safety: Simply Stunning BirdsTM may share your personal information if we believe in good faith that this will help protect the rights, property or personal safety of Simply Stunning BirdsTM, any of our users, or any member of the general public, with or without notice to you.
Social Media Features and Framed Pages: Our Services include certain social media features, widgets, and single sign on features, such as the “Facebook Connect,” “Google Sign-in,” “Facebook Like”, or “Share this” button or other interactive mini-programs. These social media features may collect certain personal information such as your IP address or which page you are visiting on our website and may set a cookie to enable them to function properly. Social media features are either hosted by a third party or hosted directly on our services. Your interactions with these third parties’ social media features are governed by their policies and not ours. In addition, our services may enable you to share your personal information with third parties directly, such as via page framing techniques to serve content to or from third-party service providers or other parties, while preserving the look and feel of our website and services. Please be aware that if you choose to interact or share any personal information via such frames, you are in fact providing it to these third parties and not to us, and such interactions and sharing are governed by those third parties’ policies and not ours.
Connection With a Change in Corporate Control: Should Simply Stunning BirdsTM, Wix or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your personal information may be shared with the parties involved in such event.
Upon Your Further Direction: Simply Stunning BirdsTM may also share your personal information with third parties for other purposes upon your further direction or with your explicit approval.
v) How Personal Information is Stored.
Users’ personal information may be stored in data centers located in the United States of America, Ireland, Japan and Israel, by Wix. Wix may use other jurisdictions as necessary for the proper delivery of our, and by extension, their services and/or as may be required by law (as further explained below).
Wix.com Ltd. is based in Israel, which is considered by the European Commission to be offering an adequate level of protection for the personal information of EU Member State residents.
Wix affiliates and third-party service providers that store or process your personal information on Wix’s behalf are contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
Transfer of EU Personal data: If you are located in Europe when we transfer your personal information to Wix, who will then transfer that information to the United States or anywhere outside Europe, Wix will make sure that (i) there is a level of protection deemed adequate by the European Commission or (ii) that the relevant Model Standard Contractual Clauses are in place. Wix participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List, here.
Alternately, it is also possible to stop your browser from accepting cookies altogether by changing your browser’s cookie settings. You can usually find these settings in the “options” or “preferences” menu of your browser.
Please note that deleting our cookies, disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise adversely affect your user experience.
The following links may be helpful, or you can use the “Help” option in your browser.
To opt out from and prevent your data from being used by Google Analytics across all websites, check out the following instructions: https://tools.google.com/dlpage/gaoptout.
To check which cookies are active right now, click on "view site information" (this is the "secure lock" symbol on the left-hand side of the address bar 🔒) and click "cookies".
We may use your personal information to send you promotional content and messages by e-mail, text messages, notifications within our platform, marketing calls and similar forms of communication. This may be done by our partners (acting on our behalf) through such means, or by Wix and their partners.
If you do not wish to receive such promotional messages or calls, you may notify us at any time or follow the “unsubscribe” instructions contained in the promotional communications you receive.
Simply Stunning BirdsTM may also contact you with important information regarding our services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain service is temporarily suspended for maintenance; reply to your e-mail; send you reminders; forward abuse complaints; or notify you of material changes in our services.
It is important that you are always able to receive such messages. For this reason, you are not be able to opt-out of receiving such service messages unless you are no longer a Simply Stunning BirdsTM user (which can be done by emailing us, to deactivate your account).
viii) Your rights in relation to your Personal Information.
Simply Stunning BirdsTM agrees that it is imperative that you have control over your personal information. As the primary controller of Simply Stunning BirdsTM user information, Wix treats personal information transferred from Simply Stunning BirdsTM with a high degree of care, pursuant to privacy regulations worldwide. Wix is taking steps to enable you to request access to, receive a copy of, update, amend, delete, or limit the use of your personal information.
Before fulfilling your request, Wix may ask you for additional information in order to confirm your identity and for security purposes. Wix reserves the right to charge a fee where permitted by law (e.g. if your request is unfounded or excessive).
You have the right to file a complaint with your local supervisory authority for data protection (but we still recommend that you contact Wix first).
If you wish to receive a copy, access and/or request that Wix make corrections to the personal information that is stored with them, or wish to request a list of what personal information (if any) pertaining to you that Wix or Simply Stunning BirdsTM has disclosed to third parties for direct marketing purposes, please mail your request to Wix.com, 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel, or contact their callback service (details below).
Wix callback service is available in:
French (Monday-Friday from 9am-6pm GMT+2)
German (Monday-Friday from 8am-5pm GMT+1)
Italian (Monday-Friday from 8am-5pm GMT+1)
Japanese (Monday-Friday from 8am-5pm JST)
Portuguese (Monday-Friday from 3am-8pm EST)
Russian (Monday-Friday from 8am-5pm GMT+1)
Wix's technical support team will make reasonable efforts to honor your request promptly (unless they require further information from you in order to fulfil your request), subject to legal and other permissible considerations.
Please note that permanently deleting your Simply Stunning BirdsTM account erases all of your personal information from Wix's and Simply Stunning BirdsTM databases. After completing this process, you can no longer use any of your Simply Stunning BirdsTM services that are linked to your account, and your account and all its data will be removed permanently. Simply Stunning BirdsTM will not be able to restore your account or retrieve your data in the future. If you contact us for support in the future, the system will not recognize your account and support agents will not be able to locate the deleted account.
ix) Data Retention.
The Simply Stunning BirdsTM security policy is implemented by Wix, and has security measures designed to protect the personal information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and third party services for further enhancing the security of our services and protection of our visitors’ and users’ privacy.
Regardless of the measures and efforts taken by Wix, Simply Stunning BirdsTM cannot and do not guarantee the absolute protection and security of your personal information or any other information you upload, publish or otherwise share with Simply Stunning BirdsTM or anyone else. We encourage you to set strong passwords for your user account, and avoid providing us or anyone with any sensitive personal information of which you believe its disclosure could cause you substantial or irreparable harm.
Furthermore, because certain areas on our services are less secure than others (for example, if you browse to a non-SSL page via a link), we request and encourage you not to share any personal information on any of these areas or via any of these methods.
If you have any questions regarding the security of our services, you are welcome to contact Wix at email@example.com.
xi) Third Party Websites.
xii) Updates and Interpretations.