Privacy Statement

This privacy statement is applicable to Birdmart.com and associated websites.

Birdmart.com certifies full compliance with the Children's Online Privacy Protection Act (COPPA) and other applicable federal regulations regarding on-line privacy. Birdmart.com does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. For example, such personally identifiable information may be gathered from a contest or sweepstakes registration, the registration process for subscription sites or services and in connection with content submissions, community postings (e.g., chat and bulletin boards), suggestions, voting/polling activities and transactional areas. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from Birdmart.com and/or any third parties. Further, notwithstanding any opt out of promotional information by the user, Birdmart.com reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

Birdmart.com reserves the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. Birdmart.com will provide only aggregated data from these analyses to third parties. Also, users should be aware that Birdmart.com may sometimes permit third parties to offer subscription and/or registration-based services through a Birdmart.com site. Birdmart.com is not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party when providing personally identifiable information.

Additionally, users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas of the Birdmart.com sites, that information, along with any substantive information disclosed in the user's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of Birdmart.com.

Commercial entities are hereby put on notice that "harvesting" of e-mail addresses through the use of web "spiders" or other similar activities for the use of unsolicited commercial e-mail (UCE or "spam") is strictly forbidden. Violation of this policy will lead to referral to the appropriate authorities, including the commercial entity's Internet service provider, and appropriate legal authorities, when applicable. Birdmart.com reserves the right to invoice such unauthorized advertisers at our current cost per impression advertising rate for appropriation of these addresses. Unsolicited commercial emails are strictly prohibited through any Birdmart.com mailrings, and may result in the immediate billing for unauthorized advertising at the rate of $1.00 per subscriber per mail list utilized.

Users should be aware that non-personal information and data may be automatically collected through the standard operation of Birdmart.com's internet servers or through the use of "cookies." "Cookies" are small text files a web site can use to recognize repeat users, facilitate the user's ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user's system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. Users should be aware that Birdmart.com cannot control the use of cookies or the resulting information by advertisers or third parties hosting data for Birdmart.com. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that cookies may be necessary to provide the user with certain features (e.g., customized delivery of information) available on the Birdmart.com Site.

Upon request, Birdmart.com will allow any user to "opt out" of further promotional contacts at any time. Additionally upon request, Birdmart.com will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user's request, Birdmart.com will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions.

The foregoing policies are effective as of April 18, 1999. Birdmart.com reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

DMCA Safe Harbor Provision

In accordance with section 512 of the Digital Millennium Copyright Act (DMCA), Birdmart.com designates the following as agent for notification of potential violations of the DMCA:

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