1. Definitions
In these Terms of Service (the “Terms”):
- “BirdsNest” means the online service operated at https://www.birdsnest-gallery.com (the “Site”), including all associated content, features, and functionality.
- “User” or “you” means any person who accesses, browses, or uses the Site, whether on their own behalf or on behalf of an organization.
- “Content” means any text, images, graphics, photographs, artwork, audio, video, data, software, code, and other materials displayed on, available through, uploaded to, or transmitted via the Site.
- “User Content” means any Content that a User submits, posts, uploads, publishes, transmits, or otherwise makes available on or through the Site.
- “Services” means the functionalities and offerings provided by BirdsNest through the Site, including without limitation display of artworks and related editorial content, showcasing of exhibitions, and any interactive or informational features.
- “Applicable Law” means all laws, regulations, and rules that apply to your access to and use of the Site, depending on your location and the chosen governing law set out in these Terms.
2. Acceptance of the Terms
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Site. If you access or use the Site on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, in which case “you” will refer to that entity.
You must be at least 16 years old to use the Site. If you are under 18, you may use the Site only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Site Usage
3.1 Access and Availability
BirdsNest may modify, suspend, or discontinue the Site or any part of the Services at any time without notice. We do not guarantee that the Site, or any Content on it, will always be available or uninterrupted.
3.2 Accounts and Security
If the Site enables account registration, you must provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding your login credentials and for all activities under your account. Notify BirdsNest promptly of any unauthorized use or breach of security. BirdsNest reserves the right to suspend or terminate accounts suspected of violating these Terms.
3.3 Acceptable Use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You must not:
- Use the Site in any way that violates Applicable Law or infringes any rights of third parties.
- Interfere with or disrupt the operation or security of the Site or Services, including by attempting to probe, scan, or test the vulnerability of any system or network.
- Access the Site using automated means (such as bots, scrapers, or spiders) other than via public search engine indexing compliant with industry norms and any robots.txt directives.
- Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, defamatory, obscene, infringing, harassing, hateful, or otherwise objectionable.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Upload or transmit viruses, malware, or malicious code.
- Collect or store personal data about other Users without consent or in violation of Applicable Law.
3.4 User Content
Where the Site enables you to submit User Content, you represent and warrant that you own or have all necessary rights, licenses, and permissions to submit such User Content and to grant the license below. You remain solely responsible for your User Content.
By submitting User Content, you grant BirdsNest a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, adapt, translate, distribute, publicly display, publicly perform, and otherwise use such User Content for the purposes of operating, providing, improving, promoting, and archiving the Site and Services. This license continues for as long as your User Content is available on the Site and for a reasonable period thereafter for backup, archival, and legal compliance purposes.
BirdsNest may, but is not obligated to, monitor or moderate User Content and may remove or disable access to any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.
3.5 Suspension and Termination
BirdsNest may suspend or terminate your access to the Site, remove or disable Content, and take any other action deemed appropriate if we reasonably suspect a violation of these Terms or any Applicable Law, or to protect the security or integrity of the Site. Upon termination, provisions that by their nature should survive (including those on intellectual property, disclaimers, limitations of liability, indemnification, applicable law, and jurisdiction) shall continue to apply.
4. Intellectual Property
4.1 Ownership
The Site and all Content (excluding User Content) are owned by BirdsNest or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted by these Terms or Applicable Law, you may not copy, reproduce, modify, adapt, translate, create derivative works based on, distribute, transmit, display, perform, or otherwise exploit the Site or Content without prior written permission from BirdsNest or the relevant rights holder.
4.2 Limited License
Subject to your compliance with these Terms, BirdsNest grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Site and Content for your personal, non-commercial use. This license does not include any resale or commercial use of the Site or Content, any derivative use, or any use of data mining, robots, or similar data gathering and extraction tools except as permitted under section 3.3.
4.3 Trademarks
BirdsNest and any related names, logos, product and service names, designs, and slogans are trademarks or service marks of BirdsNest or its licensors. You must not use such marks without prior written permission.
4.4 Infringement Notices
If you believe that any Content on the Site infringes your intellectual property rights, you may notify BirdsNest via the contact page of the Site, providing sufficient detail to identify the allegedly infringing material and the rights claimed to be infringed. BirdsNest may remove or disable access to allegedly infringing Content and may terminate repeat infringers in appropriate circumstances.
5. Third-Party Content and Services
The Site may contain content from third parties or links to third-party websites, services, or resources. BirdsNest does not endorse, control, or assume responsibility for any third-party content or services. Your use of third-party sites or services is at your own risk and subject to the terms and policies of those third parties.
6. Disclaimers
The Site and Services are provided “as is” and “as available.” To the fullest extent permitted by Applicable Law, BirdsNest disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. BirdsNest does not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. The Content is provided for general information only and is not advice on which you should rely.
7. Limitation of Liability
To the fullest extent permitted by Applicable Law, BirdsNest and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Site or Services, even if advised of the possibility of such damages.
To the fullest extent permitted by Applicable Law, BirdsNest’s total liability for any claim arising out of or relating to these Terms, the Site, or the Services will not exceed the greater of: (a) the amount you paid (if any) to BirdsNest for the Service giving rise to the claim during the twelve months preceding the claim; or (b) one hundred pounds sterling (£100).
Nothing in these Terms seeks to exclude or limit liability where such exclusion or limitation would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights that cannot be excluded under Applicable Law. If you are a consumer, the limitations in this section apply only to the extent permitted by the law of your country of residence.
8. Indemnification
You agree to defend, indemnify, and hold harmless BirdsNest and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal and accounting fees) arising out of or in any way connected with: (a) your access to or use of the Site or Services; (b) your violation of these Terms; or (c) your User Content, including any actual or alleged infringement, misappropriation, or violation of any intellectual property or other rights.
9. Personal Data and Privacy
9.1 Data Controller and Scope
BirdsNest is responsible for processing personal data collected through the Site. This section describes how we handle personal data in connection with the Site and the Services.
9.2 Data We Collect
Depending on your interactions with the Site, we may collect:
- Identifiers and contact details (such as name, email address, username).
- Device and usage data (such as IP address, browser type, operating system, pages viewed, time and date of visits, referring URLs).
- Communications you send to us (such as inquiries or feedback).
- User Content you submit where applicable.
- Cookies and similar technologies to enable core functionality, remember preferences, measure performance, and analyze usage.
9.3 Purposes and Legal Bases
We process personal data for the following purposes and legal bases:
- Providing and operating the Site and Services (performance of a contract or taking steps at your request prior to entering into a contract).
- Improving and personalizing the Site and Services, ensuring security and preventing fraud (legitimate interests in running, protecting, and improving our Services).
- Communicating with you, responding to inquiries, and providing support (performance of a contract and legitimate interests).
- Compliance with legal obligations (such as responding to lawful requests from public authorities).
- Where required, relying on your consent (for example, for certain non-essential cookies or marketing communications). You may withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
9.4 Sharing of Personal Data
We may share personal data with service providers who process data on our behalf to support the Site (for example, hosting, security, analytics), under agreements requiring appropriate confidentiality and security measures. We may also share data where required by law, in connection with a merger, acquisition, or asset sale, or to protect our rights, Users, or the public.
9.5 International Transfers
If personal data is transferred outside your country or region (for example, from the European Economic Area or the United Kingdom to a country not deemed to provide an adequate level of protection), we implement appropriate safeguards, such as standard contractual clauses, and take additional measures where necessary.
9.6 Data Retention
We retain personal data for as long as necessary to fulfill the purposes for which it was collected, including to meet legal, accounting, or reporting requirements, and thereafter for the period required or permitted by Applicable Law.
9.7 Security
We implement appropriate technical and organizational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the internet or electronic storage is completely secure.
9.8 Your Rights
Depending on your location and subject to Applicable Law, you may have rights including to access, rectify, erase, restrict or object to processing, and to data portability. You may also have the right to lodge a complaint with your local data protection authority. You can exercise your rights by contacting us via the contact page of the Site and clearly stating your request. For security, we may need to verify your identity before fulfilling your request.
9.9 Cookies
The Site uses cookies and similar technologies. You can manage cookie preferences through your browser settings and, where available, through on-site consent tools. Disabling certain cookies may affect Site functionality.
10. Modifications to the Terms
BirdsNest may update these Terms from time to time. Changes take effect when posted on the Site or on the date stated in the updated Terms. Your continued use of the Site after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Site.
11. Applicable Law and Jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, or formation, are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws principles.
The courts of London, United Kingdom, will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation. If you are a consumer resident in the United Kingdom, the European Economic Area, or Switzerland, you may bring proceedings in your country of residence and benefit from any mandatory provisions of local consumer protection law; nothing in these Terms affects your statutory consumer rights.
12. Miscellaneous
Entire Agreement. These Terms constitute the entire agreement between you and BirdsNest regarding the Site and Services and supersede all prior understandings relating to the same subject matter.
Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. No failure or delay by BirdsNest in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. BirdsNest may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Force Majeure. BirdsNest will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, utility failures, or internet or telecommunications outages.
Notices. Any notices or communications to BirdsNest must be sent via the contact page of the Site. BirdsNest may provide notices to you by posting on the Site or through any contact information you provide.
Interpretation. Headings are for convenience only and do not affect interpretation. References to “including” mean “including without limitation.”
13. Contact
For questions about these Terms or the Site, please contact BirdsNest via the contact page of the Site. We endeavor to respond within a reasonable time.
Effective date: 14 December 2025