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Scope of Use
NYC Audubon invites you to view, use and download portions of this Web Site for your informational, non-commercial use; provided that you leave all the copyright, trademark and other proprietary notices intact. Except as expressly described in this paragraph, you may not modify, reproduce, perform, or display (a) the content of the Web Site; (b) the design or layout of this Web Site, or individual sections of the design or layout of this Web Site; or (c) NYC Audubon trademarks, service marks or logos without NYC Audubon's prior written permission.
Rules of Conduct
(a) use this Web Site for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any NYC Audubon service providers;
(b) transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(c) copy, sell, resell or exploit for commercial purposes, any portion of this Web Site, provided that you may use content on the Web Site in accordance with the Scope of Use section above;
(d) transmit any User Content that is unlawful, deceptive, misleading, false, counterfeit, stolen threatening, harassing, abusive, obscene pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy right of another;
(e) send unsolicited commercial messages or communications in any form (spam) or intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to hide a user's identity;
(f) upload, post, e-mail or distribute any User Content that contains software viruses or any computer software or hardware or telecommunications equipment; or
(g) assist or permit any person in engaging in any of the activities described above.
Each user of this Web Site, including you,
(a) is responsible for the User Content that the user transmits to this Web Site, and the consequences of its use or submission;
(c) is responsible for ensuring that all User Content the user transmits to the Web Site is accurate, truthful, up-to-date and complete; and
(d) will abide by all security and safety measures established by NYC Audubon or its service providers.
By transmitting User Content to this Web Site, you grant NYC Audubon a perpetual, irrevocable, worldwide royalty-free sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute, prepare derivative works based on and transmit such User Content for any purpose, and waive any moral rights publicity right in such User Content.
Products & Services
NYC Audubon's policies related to registration and participation in classes and trips are available at http://www.nycaudubon.org/home/SBTrip.shtml. The project databases available through this Web Site are provided for your informational purposes only. NYC Audubon does not guarantee any independent verification of the accuracy, completeness or usefulness of the information provided. You are responsible for verifying any date or material in the database before relying on it.
Any description or reference to non-NYC Audubon products or services in this Web Site is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by NYC Audubon. You acknowledge that while NYC Audubon is a chapter of the National Audubon Society, we are separate organizations for all purposes related to this Web Site and the products and services offered through the Web Site.
THIS WEB SITE AND ALL CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION OR QUIET ENJOYMENT. NYC AUDUBON MAKES NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS OR RELIABILITY FOR VERIFYING ANY OF THE MATERIAL BEFORE RELYING ON IT.
NYC AUDUBON MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.
Limitation of Liability
YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. NYC AUDUBON SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS, EVEN IF NYC AUDUBON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION RELIANCE BY ANY PARTY ON MATERIALS OBTAINED THROUGH THE USE OF THIS WEB SITE, LOST DATA, OR DELAYS, BRAKDOWNS OR INTERRUPTIONS IN YOUR USE OF THIS WEB SITE.
All trademarks are the property of their respective owners. Unauthorized use of any NYC Audubon trademarks, service marks, or logos may be a violation of federal and state trademark laws. NYC Audubon and/or its licensors own all intellectual property rights in this Web Site. This Web Site is protected by U.S. and international copyright laws.
Termination of Usage
This Web Site may contain links to web sites operated by other parties. The linked sites are not under the control of NYC Audubon, and NYC Audubon is not responsible for the content available on any other Internet sites linked to this Web Site. Such links do not imply NYC Audubon's endorsement of material on any other site, and NYC Audubon disclaims all liability with regard to your access to such linked sites. NYC Audubon provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web Site is at your own risk.
Unless otherwise set forth in a written agreement between you and NYC Audubon, you must adhere to NYC Audubon's linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with NYC Audubon's names and trademarks; (ii) the link must "point" to the URL http://www.nycaudubon.org and not to other web pages within the Web Site (unless you receive permission from NYC Audubon to do so); (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with NYC Audubon; (iv) when selected by a user, the link must display the Web Site on full-screen and not within a "frame" on the linking web site; and (v) NYC Audubon reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail and Security
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information. You acknowledge and agree that any files or other materials obtained from or through this Web Site are not guaranteed to be free from computer viruses or other harmful defects.
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