These Terms of Use, along with the Privacy Policy, apply to all of National Audubon Society, Inc.’s digital platforms, including this website and its subdomains, websites accessed through your mobile devices, our downloadable mobile applications and Audubon’s own social media sites (“Media”).  By accessing and using our Media, you agree to be bound to these Terms of Use.  We may modify, add to, or delete portions of these Terms of Use at any time, and any modifications, additions or deletions to these terms will become immediately, prospectively effective upon posting.  Please review these Terms of Use regularly.  You agree that your continued use of the Media sites following posting of updated Terms of Use constitutes your consent to any changes.

Copyrights

Audubon’s Media (including both its editorial content and the code used in programming the platforms) is protected by U.S. and international copyright laws.  All rights reserved.  Except as specifically provided in these Terms of Use, no part of the Media may be reproduced, distributed, displayed, transmitted, stored in a retrieval system or used to create derivative works without prior consent of the copyright owner.  You may copy and print content for your personal, non-commercial use only, provided that you include all copyright and other notices in the content, that you do not modify the content.  To request permission from Audubon for any other use, please contact the Integrated Marketing Director (lhoppe@audubon.org).

Trademarks

Audubon owns many registered and common law trademarks in its name and its programs.  Among Audubon’s marks are American Birds, Audubon, Audubon Adventures, Audubon Advisory, Audubon at Home, Audubon Florida, Audubon Guides, Audubon Nature Odysseys, Audubon Nature Store, Audubon Photography Awards, Audubon Society, Audubon Vermont, Birdathon, Birding the Net, Birdsource (jointly owned with Cornell University), Christmas Bird Count, eBird (jointly owned with Cornell University), Feederwatch (jointly owned with Cornell University), the Flying Egret Design Mark, Great Backyard Bird Count, Hummingbirds at Home, National Audubon Society, Pennies for the Planet, Project Puffin, Together Green, and their associated logos.  All rights reserved.  Audubon is committed to the enforcement of its trademark rights.  Use of any Audubon-owned marks without permission may constitute infringement under the law and result in legal action.

Third Party Content

Audubon’s Media include links to sites and services governed by the terms set by those third parties.  Audubon is not responsible in any way for any third party sites, or for any products or services that may be advertised by third parties on out Media platforms.  Audubon does not endorse the content, operators, products, or services of these providers.  

Permitted Use of Media Materials

• Materials include,but not limited to: text, photographs, videos, illustrations, maps, graphs
• Any use of the Materials available through the Media must be for personal and informational purposes only, and not for commercial purposes and charts;
• Materials may not be modified;
• No photographs, illustrations or other graphics, maps, videos, or graphs may be used, copied or distributed separate from the accompanying text; and
• Email addresses may not be retrieved in bulk for any reason, including commercial reasons, without specific written permission.  Any rights not expressly granted herein are reserved by Audubon. 

Nothing contained herein shall be constructed as conferring by implication, estoppel, or otherwise any license or right under any Audubon trademark.  Unless expressly granted, all rights are reserved to Audubon.

Posting Content to Media

Audubon welcomes your participation in and contributions to its Media.  By posting comments or other Materials you are agreeing to the following Terms:

• The Media is to be used solely for non-commercial purposes.  You may not use the Media to publish Materials containing any advertisements or solicitations for funds, good or services.
• You may not post Material that is defamatory, obscene, hateful, harassing, or discriminatory, or that is a violation of any law, including those protecting privacy, publicity, trade secrets, copyrights, and trademarks.
• Audubon is not under any obligation to monitor the Materials residing on or transmitted to its Media; however, Audubon may, at its discretion and without warning, modify, remove or reject any posted Materials for any reason, including to prevent the violation of Audubon’s rights or the rights of other parties, to comply with any law, regulation or other government request, or to operate its Media sites properly.
• By posting, uploading or transmitting Material to Media sites, you represent and warrant that you are the sole owner of all rights in the posted Materials (including all copyrights) and/or that you have the right to license the Material to Audubon for all the uses contemplated herein; and no part to the materials will infringe upon or violate any publicity, privacy, patent, copyright, trademark, or other proprietary rights of any third parties.
• By posting, uploading or transmitting Materials on or through Audubon Media, you hereby grant Audubon a worldwide, royalty-free, non-exclusive, irrevocable, perpetual,  license to use, reproduce, modify, publish, publicly perform, publicly display, distribute, sublicense and create derivative works based on the Material in any form or media now known or hereafter developed for any purpose, including commercial use.
• You may not link to, post, upload, or transmit any software or other Material that contains a virus or other harmful malicious code.  You may not use Audubon’s media to distribute chain letters, mass mailings, or spam or to gather email addresses for the purpose of sending spam to other users
• You must be at least 13 years old to post Materials on Audubon Media.

Representation, Warranty, and Indemnity

By using Audubon’s Media, you represent and warrant that a) your use of the Media complies with these Terms of Use; and (b) the material you post, upload, or transmit on or through Audubon’s Media does not and will not violate any of these Terms of Use.  You agree to indemnify and hold harmless Audubon and its directors, officers, members, employees and affiliates from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising from: 1) your breach of any of the above representations and warranties; 2) your use of Audubon’s Media; 3) the materials you posted, uploaded or transmitted on or through Audubon’s Media platforms; and 4) Audubon’s use, publication, distribution or reproduction of any such materials.

Audubon’s Limitation of Liability

All content on Audubon’s Media is available “as is”.  Audubon makes no representations or warranties, express or implied, with respect to its Media or any part thereof, including any warranties of title, non-infringement of copyright, trademark or patent rights of others, merchantability, or fitness or suitability for any purpose.  In no event will Audubon, its directors, officers, members, employees or affiliates be liable for any indirect, consequential, special, incidental, or punitive damages arising out of the use or inability to use the media.  

Copyright Agent

If you believe that your work has been reproduced on Audubon’s Media without permission, please contact audubonconnect@audubon.org and be prepared to provide:

• A description of the work you claim to be infringing and its location on Audubon’s Media
• Your contact information, including your name, email address, and phone number
• A signed statement that you are the copyright owner or an authorized agent of the copyright owner, and that you have a good-faith belief that the material as posted on the Media is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information you have provided is truthful and accurate.

Applicable Law and Jurisdiction

These Terms of Use, along with the Privacy Policy, shall be governed in accordance with the laws of the State of New York, without regard to principles of conflict of laws.  Any dispute arising out of, in connection with, or related to these Terms of Use or your use of Audubon’s Media, shall be brought in any Federal or State Court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Copyright Notice

© 2016 National Audubon Society, Inc., 225 Varick Street, 7^th Floor, New York, New York 10014, USA.  All rights reserved.  Some materials delivered from the Media may contain other proprietary notices and copyright information relating to those materials.