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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 our Media platforms. Audubon does not endorse the content, operators, products, or services of these providers.
Migratory Bird Initiative/Bird Migration Explorer
The Geospatial Data associated with the maps on the Migratory Bird Initiative’s (MBI) Bird Migration Explorer (Explorer) is for use on the Explorer site only at explorer.audubon.org. Users may link to the maps as they appear on the Explorer site, but no Geospatial Data may be copied, reproduced, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium without Audubon’s express prior written consent. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar equivalent manual process, to access, acquire, copy or monitor any Geospatial Data on the Explorer site.
Permitted Use of Media Materials
- Materials include but are not limited to: text, photographs, videos, animations, illustrations, charts, maps, graphs, derived data products;
- Any use of the Materials available through the Media must be for personal and informational purposes only, and not for commercial purposes;
- Materials may not be modified;
- No Materials 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 to 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 (including photographs) 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.
By signing up to receive mobile SMS messages from Audubon, you are agreeing to the following terms:
- There is no fee from Audubon to receive text messages. Message and data rates may apply. Please check with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Consent is not a requirement for purchase, which means opting in to use Audubon’s SMS service does not obligate you to buy anything.
- Wireless operators do not guarantee message delivery and will not be liable for delayed or undelivered messages. Audubon is not liable for delays in your receipt of any SMS message.
Representation, Warranty, and Indemnity
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.
If you believe that your work has been reproduced on Audubon’s Media without permission, please contact firstname.lastname@example.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
© National Audubon Society, Inc., 225 Varick Street, 7th 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.
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