Disclaimer | Terms & Conditions
Last Updated: January, 2016
Thank you for visiting BirdMediaCenter.com. BirdMediaCenter.com (“Company”, “we” or “us”) asks that you please read these Terms & Conditions carefully before using this website. By using this website you agree to be bound by, and to comply with, these Terms & Conditions. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE FOR ANY PURPOSE.
Company is responsible for all reward fulfillment. Please do not contact our advertisers regarding the status of your reward. Unless otherwise indicated, this website is not associated with any reward vendor.
I. YOUR AGREEMENT
We reserve the right, in our sole discretion, to revise these Terms & Conditions at any time, for any reason, without notice. We also reserve the right, in our sole discretion, to change the methods through which future rewards are earned. This may include changing the approval requirements necessary to receive future rewards by increasing or decreasing the number of advertiser offers that must be completed to qualify, establishing or eliminating requirements, and adding or decreasing the number of steps to confirm that you have a legitimate account. We may also add or remove any product or service listed as a reward at any time. If we replace a reward, the new reward may not be of equal value. Please check these Terms & Conditions periodically for changes. Your use of this website following any such modification constitutes your agreement to follow and be bound by the Terms & Conditions as modified. The last date these Terms & Conditions were revised is set forth above. IF YOU BREACH ANY OF THESE TERMS & CONDITIONS YOUR RIGHT TO USE THIS WEBSITE WILL TERMINATE AND YOUR ACCOUNT WILL BE DISQUALIFIED.
A. You must be a U.S. resident at least 18 years of age or older, with a valid U.S. email address and shipping address. Please note that we will not ship to P.O. boxes.
B. You must register with valid information. Do not enter any information that relates or belongs to another person.
C. You must complete the survey questions and review the special offers.
D. You must successfully complete a total of 10 Reward Offers as follows: Page 1 of Last Steps: 2 Reward Offers; Page 2 of Last Steps: 2 Reward Offers; Page 3 of Last Steps: 6 Reward Offers. You will not be eligible to receive the reward if you cancel your participation or enrollment in more than two (2) Reward Offers within 30 days of the Reward Offer Sign-Up Date (the “Cancellation Limit”). The “Reward Offer Sign-Up Date” is the date that you sign-up and complete any Reward Offer. For a Reward Offer that requires you to submit an approved application or make a purchase, the Reward Offer Sign-Up Date is the date of submission of a valid application or complete payment. For a Reward Offer that requires you to participate in a free trial, the Reward Offer Sign-Up Date is the date of submission of your billing information to enroll in the trial. In order to remain eligible for the reward, you must successfully complete the Reward Offer requirements within 180 days of your registration on the website.
E. Follow the redemption instructions.
F. This offer is limited to one reward per household.
G. Each household is limited to the use of one email address.
H. Each household must use the same email address throughout all websites owned or operated by Company.
I. In a 12-month period, each household may qualify for and receive one reward.
J. Employees and independent contractors of Company or its affiliates and persons related to or residing in the same household of such employees and independent contractors are not eligible to participate.
K. Corporations and other business entities are not eligible to participate.
A. Valid Information
(1) You must provide true, accurate, current, and complete information about yourself.
(2) If you provide any information that relates or belongs to another person, is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that any information you provided relates or belongs to another person, is untrue, inaccurate, not current, or incomplete, your account may be placed on hold or disqualified.
(1) Only one account is allowed per household. Any accounts that share the same name, email address, mailing or shipping address, telephone number, credit card, or IP address will be considered the same household. Accounts in violation of this rule will be placed on hold or disqualified.
(2) You may not have multiple accounts at more than one address or under more than one name or email address.
(3) You may not use another person’s name or information to receive products from this website. For example, you may not register on this website for another person or complete offers for another person’s account.
(4.) You are responsible for maintaining the security of your account. Company is not liable for any losses incurred through the access of your account by a third party.
(5) If your account is placed on hold or disqualified, you may not create another account on any website owned or operated by Company or its affiliates.
(6) You may access your account at any time by clicking on Reward Status and entering the email address that you used to register on the website.
C. Expiration/Cancellation of Accounts
(1) Your account will expire 180 days from the date you register on this website. Upon expiration, you will no longer be eligible to receive the reward.
(2) There is no way to cancel an account. If you no longer wish to remain a part of this website, you should refrain from accessing your account.
Except where prohibited by law, participation in this website constitutes your consent to our use of your name, likeness, voice, opinions, city, and state for promotional purposes in any media, worldwide, without further approval, payment or consideration.
A. Survey Questions & Special Offers
(1) Survey Questions: Answer the survey questions following the registration form. When you answer a survey question, we will transfer some or all of the information you submitted during the website registration process to advertisers that we believe (based on your answer) may be of interest to you without providing you with another opportunity to review the information. Your answers to these questions may also be used to determine which ads you will be shown as you navigate through the website.
(2) Special Offers: After the survey questions, you will be presented with a series of special offers. If you are not interested in signing-up for an offer, click “Next” or “Skip.” When you complete and submit a form, we will transfer the information you entered on the form, as well as some or all of the information you submitted during the website registration process, to the applicable advertiser without providing you with another opportunity to review the information.
B. Reward Offers
(1) Unlike the survey questions and special offers, completion of Reward Offers is required to qualify for the reward. The Reward Offers appear after you have completed the survey questions and viewed all of the special offers. The Reward Offers may also pop under your main browser window after you submit your website registration.
(2) Some Reward Offers require a purchase. Available Reward Offers will vary.
(3) To qualify for the reward offered on this website, you must successfully complete a total of 10 Reward Offers as follows:
Page 1 of Last Steps: 2 Reward Offers
Page 2 of Last Steps: 2 Reward Offers
Page 3 of Last Steps: 6 Reward Offers
Completing Reward Offers in excess of those stated above for a given page does not reduce the number of Reward Offers you must complete on the other pages.
(4) You must satisfy the requirements of the Reward Offers you select. Each advertiser must provide written verification to Company that you successfully completed their offer. Company is not required to provide credit toward the reward for completion of any Reward Offer that is not confirmed by the advertiser.
(5) We are not responsible for advertiser delays in reporting Reward Offer completion. The time it takes to receive credit for an offer varies with each advertiser, but may be in excess of 30 days. We recommend that you print and keep any receipts, order confirmations and correspondence proving that you completed a Reward Offer. You are responsible for reviewing your account and reporting any errors.
(6) You must complete each Reward Offer by clicking on it from this website. Importantly, some applications such as pop-up blockers may preclude these links from functioning correctly and we are not liable for such failures. Make sure that your browser settings are set to accept all cookies.
(7) Once you have completed a Reward Offer, you will not receive credit for any future completions of that offer for at least six (6) months.
(8) You may apply only once to any given credit card offer. In order to receive credit for credit card offers, you must activate the card by making a purchase, transferring a balance or taking a cash advance.
(9) In order to receive credit for high-speed Internet, home security and satellite television offers, you must have the product installed.
(10) In order to receive credit for loan offers, you must close and fund the loan.
C. Bonus Gift
You may be presented with the opportunity to receive a bonus gift for successfully qualifying for the reward. If so, the bonus gift may be shipped separately from the reward.
V. REWARD FULFILLMENT
A. Reward Fulfillment and Delivery
(1) You may access your account at any time by clicking Reward Status and entering the email address that you used to register on the website.
(2) After the required number of Reward Offers has been approved, we will send you an email message asking you to confirm your delivery address. You have 90 days from the date of this email to provide any and all requested information. Failure to provide the requisite information within this time frame may result in your account being disqualified.
(3) Company reserves the right to substitute a check for the reward. The amount of the check shall be determined by Company in its sole discretion. By cashing the check, you agree that you have been made whole and relinquish your rights to pursue any and all claims against this website, Company, its parent, successors, assigns, affiliates, advertisers, and employees.
(4) Company reserves the right to substitute a gift card for the reward. The amount of the gift card and the merchant shall be determined by Company in its sole discretion. By accepting the gift card, you agree that you have been made whole and relinquish your rights to pursue any and all claims against this website, Company, its parent, successors, assigns, affiliates, advertisers, and employees.
(5) Company reserves the right to substitute a product of comparable value for the reward. “Comparable value” shall be determined by Company in its sole discretion. By accepting the substitute product, you agree that you have been made whole and relinquish your rights to pursue any and all claims against this website, Company, its parent, successors, assigns, affiliates, advertisers, and employees.
(6) Rewards that are back ordered will be replaced with another item, a check or a gift card, or they will ship when they are made available. Discontinued products will be replaced with another item, a check or a gift card.
(7) Your reward should ship within six (6) to eight (8) weeks after we receive confirmation of your delivery address. All rewards are shipped to the address you provide. It is your responsibility to submit the correct address. We will not ship to P.O. boxes. Company is not responsible for lost orders stemming from incorrect shipping addresses, theft or carrier errors. In the event a situation arises necessitating package forwarding, Company is in no way responsible for ensuring delivery.
(8) If, after you have received a reward, we determine that you violated these Terms & Conditions, you agree to return the reward at your expense. Additionally, Company reserves its right to pursue legal action against you.
(9) You are responsible for paying any and all taxes associated with your receipt of the reward. We will not remit any taxes on your behalf.
B. Return Policy
(1) We will not accept returned rewards. By returning a reward, you are relinquishing your claim to the reward.
(2) If a product is found to be defective, you should consult the warranty information included with the reward, if applicable. We are not responsible for the repair or replacement of damaged or defective products. Please contact the relevant vendor for questions about damaged or defective products. In cases where you do not know what vendor shipped the product to you, contact us to obtain the appropriate vendor’s contact information.
C. Test & Keep Requirements
For promotions that invite you to “Test & Keep” a product, please complete the evaluation form provided to you in the fulfillment package and return it to the address provided.
A. Grounds for Hold and/or Disqualification
Your account may be placed on hold and/or disqualified for one or more of the following reasons:
1. failing to meet the eligibility requirements;
2. using multiple email addresses or having multiple accounts;
3. providing information that relates or belongs to another person, is untrue, inaccurate, not current, incomplete, or invalid to Company or an advertiser;
4. violating the Cancellation Limit;
5. posting information on a website, forum, blog, or auction that has to do with manipulating the website or “canceling the offers,” including but not limited to cancellation phone numbers, cancellation time frames and any encouragement or direction to cancel the offers after signing-up with the applicable advertisers;
6. paying individuals to complete offers or teach you how to complete offers or participate on the website;
7. posting, selling or purchasing links to the website;
8. using another person’s credit card to complete offers;
9. failing to meet the required timeframes for completing Reward Offers or providing requested information;
10. failing to provide information confirming your identity, if requested;
11. aiding, promoting or participating in any activity that could be deemed unlawful or harmful to the reputation of the Company, the advertisers, or the primary purpose of the website, which is providing valuable rewards to consumers who are genuinely interested in trying the products and services of the advertisers;
12. violating these Terms & Conditions; and/or
13. any other reason or a combination of reasons at the sole discretion of Company.
B. Additional Terms for Hold Status and Disqualification
(1) We reserve the right to place your account on hold or disqualify your account at any time, even after a reward has shipped.
(2) We are not responsible for notifying you about a change in your account status.
(3) If your account is placed on hold or disqualified, all other accounts across all Company affiliated websites created by or associated with you may be placed on hold or disqualified.
(4) If your account is placed on hold or disqualified, you may not create another account on any website owned or operated by Company or its affiliates.
(5) You will not be reimbursed for any expenses incurred through this website prior to your account being placed on hold or disqualified.
(6) If you feel your account has been placed on hold or disqualified in error, contact us.
VII. CUSTOMER SERVICE
We do not offer telephone support. All questions, comments and concerns should be submitted through the contact link on the website.
Further, by registering on the website and providing a valid cell phone number, you are expressly consenting to receive prerecorded telephone messages from Worldwide Commerce Associates (“WCA”) that include special offers from affiliated merchants. You are subscribing to receive prerecorded messages only from WCA with offers from its affiliated merchants and only at the specific number(s) you have provided to us. Your consent will be effective regardless of whether the number you have provided: (a) is a home, business, or cell phone line; and/or (b) is or will be registered on any state or federal Do Not Call list, and shall remain in effect until you revoke your consent and cancel your subscription. To unsubscribe: You may cancel your subscription and revoke your consent to receive telephone calls at any time by either (a) utilizing the opt-out procedure included in any message you receive, or (b) by calling 800-269-0281. NOTE: WCA does not send offers via e-mail, and is unable to honor any e-mail unsubscribe requests. If you are receiving offers via e-mail, please follow the unsubscribe instructions included therein.
IX. OTHER IMPORTANT TERMS
A. Intellectual Property. This website, and all information and/or content that can be seen, heard or otherwise experienced on the website, including without limitation all offers, reports, text, video, graphics, audio, and other materials (collectively, the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to Company or to third parties.
You may use the website and the Content solely for your personal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Company reserves complete title and full intellectual property rights in any Content you download from this website. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the website, except as expressly permitted by these Terms & Conditions. You may not mirror or frame the home page or any other pages of the website on any other website or web page and may not connect links, including “deep links” to the website. You may not use a robot, scraper or other automated means of accessing the website. You are prohibited from using any of the marks or logos appearing throughout the website without express written consent from the trademark owner, except as permitted by applicable law.
B. Intellectual Property Infringement Claims. It is the policy of Company to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Registered Copyright Agent
C. DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CUSTOM, TRADE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICES PROVIDED BY COMPANY AND THE CONTENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. COMPANY DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ARE PROVIDED “WITH ALL FAULTS,” ON AN “AS IS” AND “AS AVAILABLE” BASIS.
D. LIMITATION OF LIABILITY
E. Indemnification. You understand and agree that you are personally responsible for your behavior on the website. You agree to indemnify, defend and hold harmless Company, its parent, subsidiaries, affiliates, distributors, licensors, partners, service providers, advertisers, and each of their respective officers, directors, employees, and agents from and against all claims, losses, expenses, damages, costs (including but not limited to direct, indirect, incidental, consequential, liquidated, and/or exemplary damages), and attorneys’ fees, resulting from or arising out of your use, misuse or inability to use the website or the Content, or any violation by you of these Terms & Conditions.
F. Enforcement/Choice of Law/Jurisdiction and Venue. Every provision of these Terms & Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms & Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms & Conditions and all other provisions will remain in full force and effect.
G. User Conduct. You agree to use the website only for lawful purposes. You agree not to take any action that might compromise the security of the website, render the website inaccessible to others or otherwise cause damage to Company, the website, its users, or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the website in any manner that might interfere with the rights of Company or any third party.
H. Survival. All provisions of these Terms & Conditions that are intended to survive termination shall so survive.
I. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms & Conditions without our prior written consent. Any purported assignment without such consent will be null and void.
J. Section Headings. The section headings used in these Terms & Conditions are for convenience only and have no legal or contractual effect.
K. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
N. Language. It is the express will of the parties that these Terms & Conditions and all related documents have been drawn up in English.
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