Terms of Use

These Terms of Use were last updated on 3/13/07.


PLEASE READ CAREFULLY!  BY USING THIS WEB SITE,
YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

These terms of use ("Terms of Use") are for the New York City Audubon ("NYC Audubon", "we" or "us") web site located at http://www.nycaudubon.org (the "Web Site"). By using this Web Site, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Web Site.

Modifications
We may update or modify these Terms of Use at any time. When we modify these Terms of Use, we will incorporate the modifications into this document and will revise the "last updated" date at the top of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on this Web Site. Please check these Terms of Use periodically for changes. Your continued use of this Web Site following the posting of changes to the Terms of Use constitutes acceptance of those changes.

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
Certain areas of this Web Site may permit you to upload, post, e-mail or otherwise transmit content (such as messages and feedback) ("User Content"), or to otherwise interact with this Web Site and its participants. It is a violation of these Terms of Use for you, when using this Web Site to:

(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;
(b) is responsible for ensuring that the User Content that the user transmits and receives through this Web Site complies with all applicable laws and regulations (including those relating to export control) and these Terms of Use;
(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.

NYC Audubon may preserve and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to; (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of NYC Audubon, Web Site users and the public.

You acknowledge that NYC Audubon does not pre-screen the User Content and shall not be responsible for policing, monitoring or editing such User Content. NYC Audubon shall have the right, but not the obligation, to monitor User Content and use of this Web Site to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies of NYC Audubon. NYC Audubon shall have the right in its sole discretion to refuse or to remove any User Content on this Web Site that it believes to be in violation of these Terms of Use or which it finds to be otherwise objectionable for any reason, without any liability to you.

License
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.

No Warranties
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.

Indemnification
You agree to indemnify and hold NYC Audubon and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim, action, demand, loss or damages (including reasonable attorneys' fees) arising out of or related to your use of this Web Site, the User Content you post or transmit on this Web Site, any violation of these Terms of Use by you, or any violation of any rights of any person by you.

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
NYC Audubon may terminate your access, or suspend your access to all or part of this Web Site, immediately without notice, for any conduct that NYC Audubon, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, or NYC Audubon. Upon termination, you must cease use of this Web Site and destroy all materials obtained from this Web Site and all copies thereof, whether made under these Terms of Use or otherwise.

Links
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.

Violations
NYC Audubon reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to this Web Site.

Governing Law
The laws of the State of New York shall govern these Terms of Use, without reference to its choice of law rules. This Web Site is operated by NYC Audubon from the United States of America.

Miscellaneous
NYC Audubon makes no representation that the information in this Web Site is appropriate or available for use in other locations, and access to this Web Site from territories where the content of this Web Site may be illegal is prohibited. These who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Term of Use and shall not affect the validity and enforceability of any remaining provisions. NYC Audubon's failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of NYC Audubon's right to subsequently enforce such provision or any other provisions of these Terms of Use. These Terms of Use constitute the entire agreement between NYC Audubon and you with respect to this Web Site.

Questions
If you have any questions about these Terms of Use, please e-mail us at This email address is being protected from spambots. You need JavaScript enabled to view it. .

© 2007 New York City Audubon. All rights reserved.

DMC Firewall is a Joomla Security extension!