Terms & Conditions for Photos Submitted to Christmas Bird Count image upload page

Agreement to license your image to Audubon

             This document confirms the agreement between you and the National Audubon Society (“Audubon”) that you hereby assign to Audubon a royalty-free perpetual, world-wide, transferable, irrevocable, non-exclusive license (with the right to sublicense) to use the image  (the “Work”) you are uploading into the Audubon image database, including all associated reproduction, distribution, modification, excerption (in whole or in part), display, performance and exploitation rights on any and all media now known or hereafter invented, including all forms for computer-readable, electronic, magnetic, digital, laser, or optical-based media; to prepare derivative works of, incorporate into or reproduce in other works, such Work, including, but not limited to, the Audubon magazine, any of Audubon’s websites, slide shows, brochures, newsletters and other Audubon projects (the “Audubon Projects”); and to grant and authorize sublicenses of the foregoing. 

You acknowledge that Audubon shall be the sole and exclusive owner of all right, title and interest in and to the Audubon Projects, including, without limitation, any copyrights therein and all associated reproduction, distribution, modification, excerption (in whole or in part), display, performance and exploitation rights on any and all media now known or hereafter invented, including all forms for computer-readable, electronic, magnetic, digital, laser, or optical-based media.  Furthermore, you represent and warrant that: (i) no part of the Work will infringe upon or violate any copyright, trademark or any other proprietary right of any third party, (ii) you have secured written permission to use the name and likeness of any person who appears in or is identifiable in the Work; and (iii) you will indemnify Audubon against claims brought by any third party related a breach of any of these conditions, including, but not limited to, a claim of ownership of any copyright, trademark or any other personal or property rights, libel, defamation, invasion of privacy, or right of publicity.

Audubon acknowledges that all rights not assigned to Audubon are your sole and exclusive property.  Audubon also pledges to credit your work by placing a credit with your name in proximity to the Artwork whenever practicable.

This agreement constitutes the entire understanding of the parties as to the matters described herein; may not be assigned or amended except in a writing signed by both parties hereto; and shall be construed in accordance with the laws of New York state applicable to agreements which are executed and fully performed within New York.

You agree to the terms of this agreement when you upload your image into the Audubon image system.

 

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