������Ͽ�����¼

These Terms of Use, along with the Privacy Policy, apply to all of ������Ͽ�����¼, Inc.’s digital platforms, including this website and its subdomains, websites accessed through your mobile devices, our downloadable mobile applications and ������Ͽ�����¼’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

������Ͽ�����¼’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, and that you do not modify the content.����To request permission from ������Ͽ�����¼ for any other use, please email support@audubon.org

Trademarks

������Ͽ�����¼ owns many registered and common law trademarks in its name and its programs.�� Among ������Ͽ�����¼’s marks are American Birds, ������Ͽ�����¼, ������Ͽ�����¼ Adventures, ������Ͽ�����¼ Advisory, ������Ͽ�����¼ Americas, ������Ͽ�����¼ at Home, ������Ͽ�����¼ Florida, ������Ͽ�����¼ Guides, ������Ͽ�����¼ Nature Store, ������Ͽ�����¼ Photography Awards, ������Ͽ�����¼ Society, ������Ͽ�����¼ Vermont, Birdathon, Birding the Net, Bird Migration Explorer, Christmas Bird Count,, the Flying Egret Design Mark, Grazed on ������Ͽ�����¼ Certified Bird Friendly Land, Great Backyard Bird Count (jointly owned with Cornell University), Hummingbirds at Home, Migratory Bird Initiative, ������Ͽ�����¼, Plants for Birds, Project Puffin, and their associated logos.�� All rights reserved.�� ������Ͽ�����¼ is committed to the enforcement of its trademark rights.�� Use of any ������Ͽ�����¼-owned marks without permission may constitute infringement under the law and result in legal action.

Third Party Content

������Ͽ�����¼’s Media include links to sites and services governed by the terms set by those third parties.�� ������Ͽ�����¼ 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.�� ������Ͽ�����¼ does not endorse the content, operators, products, or services of these providers.����

John James ������Ͽ�����¼ Artwork

John James ������Ͽ�����¼’s “Birds of America” artwork is in the public domain. As a general rule, artwork in the public domain may be reproduced without a license.�� However, while an image itself may be in the public domain, the specific FORMAT that the image is in may still be protected by copyright law. This means that while ������Ͽ�����¼ may not control the rights to the images or the book itself, ������Ͽ�����¼ controls the rights to the specific digital files of the artwork that live on our website, and the use of these specific files requires our permission, as provided herein.�� You may use these digital files for non-commercial, educational purposes only. ��We do not grant permission to use the files from our website for any other purpose, including commercial projects. Parties interested in using the artwork for any other purpose, including commercial purposes, will need to source the image files elsewhere. ��Should you be interested in obtaining fine art prints, you can inquire via . This is a separate entity not affiliated with our organization.��

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 ������Ͽ�����¼’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 ������Ͽ�����¼.��

Nothing contained herein shall be constructed as conferring by implication, estoppel, or otherwise any license or right to any ������Ͽ�����¼ trademark.�� Unless expressly granted, all rights are reserved to ������Ͽ�����¼.

Posting Content to Media

������Ͽ�����¼ 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.
• ������Ͽ�����¼ is not under any obligation to monitor the Materials residing on or transmitted to its Media; however, ������Ͽ�����¼ may, at its discretion and without warning, modify, remove or reject any posted Materials for any reason, including to prevent the violation of ������Ͽ�����¼’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 ������Ͽ�����¼ 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 ������Ͽ�����¼ Media, you hereby grant ������Ͽ�����¼ 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 ������Ͽ�����¼’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 ������Ͽ�����¼ Media.

Mobile Text Messaging Terms of Use

By signing up to receive mobile SMS messages from ������Ͽ�����¼, you are agreeing to the following terms:

• There is no fee from ������Ͽ�����¼ 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 ������Ͽ�����¼’s SMS service does not obligate you to buy anything.
• By subscribing to ������Ͽ�����¼ alerts, you consent to receive automated and recurring text messages from ������Ͽ�����¼. If you have any questions, text HELP to 42248��or contact us at 844-428-3826 or support@audubon.org. To stop receiving messages, text STOP to 42248. For information on data collection and use, please read our Privacy Policy.
• Wireless operators do not guarantee message delivery and will not be liable for delayed or undelivered messages. ��������Ͽ�����¼ is not liable for delays in your receipt of any SMS message.

Representation, Warranty, and Indemnity

By using ������Ͽ�����¼’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 ������Ͽ�����¼’s Media does not and will not violate any of these Terms of Use.�� You agree to indemnify and hold harmless ������Ͽ�����¼ 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 ������Ͽ�����¼’s Media; 3) the Materials you posted, uploaded or transmitted on or through ������Ͽ�����¼’s Media platforms; and 4) ������Ͽ�����¼’s use, publication, distribution or reproduction of any such Materials.

������Ͽ�����¼’s Limitation of Liability

All content on ������Ͽ�����¼’s Media is available “as is”.�� ������Ͽ�����¼ 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 ������Ͽ�����¼, 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 ������Ͽ�����¼’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 ������Ͽ�����¼’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 ������Ͽ�����¼’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

© ������Ͽ�����¼, 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.