Last revised: June 4, 2019
2. BirdNote Subscription
You may register for a subscription on the Site to provide you with access to exclusive Content and the ability to subscribe to your favorite topics. If you register , you must provide us with your name and email address.
3. User-Generated Content
The Site may permit you to publicly post Content, such as comments, videos, photos, a profile photo, a biography “blurb,” or other materials under your Account or as a visitor to the User Discussion sections of the Site (“User Content”). BirdNote does not control or endorse and is not responsible or liable for User Content. If you post any User Content to the Site, you grant us and all members of the public who may access publicly-available User Content on the Site a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content throughout the world in any media, and the right to use and display the name that you submit in connection with such User Content. By posting User Content, you represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate any law or these Terms and will not cause injury to any person or entity. You must not provide any User Content that infringes others’ copyrights or other intellectual property or privacy rights. You are solely responsible for all User Content you provide to BirdNote or make available through the Site.
BirdNote owns or licenses the copyright in all the Content on the Site, including text, photographs, graphics, logos, button icons, audio, video and software, and those rights are protected by United States and international copyright laws and other intellectual property laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice and procedure for making claims of copyright infringement, below.
5. Site Content License
Subject to these Terms, BirdNote grants you a limited, revocable license to copy and distribute the Content that appears on the Site only for non-commercial purposes, specifically, research, teaching and learning and other similar purposes regarding science and environmental issues. You may not use the Site Content for any commercial purpose or in any manner that disparages or discredits any person. In no circumstance does this license to you extend to the Site code, user interface design, or infrastructure. All distributed copies must display the following copyright notice: Copyright 2018 BirdNote. Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such Content.
6. Copyright Infringement
If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should send us a notice with complete information about the infringement via email to Nick Bayard, Executive Director at [[email protected]]
7. Links, Frames, Metatags, Bots and Scraping
You may link to the home page of the Site as long as you do not do so in a false or misleading manner. You may not frame the Content of the Site or the Site itself. You may not use metatags or any other "hidden text" that incorporates our Site's Contents without our express written consent. You may not use automated means, such as bots, to access and collect Content from the Site.
8. Links to Other Websites
The Site contains links to other websites that we think may be of interest to you. We do not endorse or sponsor any third party websites or the information, products, or services contained on any third party websites and we have no control over third party websites or their content. Remember that when you link to or share content on another website, that other website is governed by its own user agreement and privacy statement, which you should be sure to read. Access to and use of any third party website is solely at your own risk.
9. Site Availability and Support
You may access the Site if and when it is available. We do not guarantee availability of the Site or Content on the Site. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. We have no obligation to provide support in relation to the Site or Content.
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Site, including all text, graphics, logos, audio and video clips, photographs, and other content is provided “as is,” “with all faults,” and “as available” and the entire risk of use and performance remains with you. We do not make any representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any and all warranties with respect to the Site. In particular, we make no warranty that the Site or Content: (a) will meet your requirements; (b) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, complete, or reliable, or (d) will be free from viruses, worms, or other harmful or malicious components. Nor do we warrant that any defects or errors on the Site or content will be corrected. We do not assume any liability relating to delays or interruptions attributable to third party failures beyond our control. The Site and all Content you download or obtain from the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.
11. Disclaimer of Certain Damages
To the maximum extent permitted by applicable law, in no event will we be liable for any consequential, special, incidental, indirect, or punitive damages of any kind, whether foreseeable or not, arising out of or in any way connected with the Site or these Terms, even if BirdNote has been advised of the possibility of such damages.
12. Limitation of Liability and Exclusive Remedies
To the maximum extent permitted by applicable law and to the extent they are not excluded or disclaimed under Sections 9 or 10, our maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these Terms or the Site shall be limited to five dollars ($5.00). The existence of multiple claims or suits under or related to these Terms or the Site will not enlarge or extend the limitation of money damages.
13. Independent Remedies
The exclusion of damages under Section 11 is independent of your exclusive remedy in Section 12 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 10, 11 and 12apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
14. Notice on Potential Limits of Sections 10, 11 and 12
Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 10-12 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
You hereby agree to defend, indemnify, and hold BirdNote and its affiliates, and their respective directors, officers, members, managers, employees, agents, partners, suppliers, and licensors (“Indemnified Persons”) harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site and activities occurring on or through your Account; (b) any violation by you of these Terms; or (c) your violation of any other party’s rights or applicable law.
We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to us. You agree to send notices to us by emailing them to the following address: [[email protected]].
17. Changes to these Terms
We reserve the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means. You should periodically review these Terms for changes and you can review the most current Terms at any time at: [https://www.birdnote.org/terms-use] The updated Terms will govern your use of the Site as of the effective date indicated at the top of these Terms. If you do not agree to the updated Terms, you should stop using the Site. Your use of the Site after the effective date of the updated version of these Terms will constitute your acceptance of the updated Terms.
19. Governing Law and Exclusive Jurisdiction and Venue
These Terms and your use of the Site are governed by the laws of the state of Washington applicable to contracts made and performed there, without regard to its conflicts of law principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, Content, or the Site will reside in the state and federal courts of King County, Washington.
20. International Use
BirdNote’ servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including submissions and personal data) to and in the United States and/or other countries; (ii) if you are using the Site from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Site; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The Site and its Contents are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject BirdNote or its affiliates to any registration requirement within such jurisdiction or country.
If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in the Site. If, at any time, we fail to respond to a breach of these Terms by you or others, such failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in writing and signed by us. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and BirdNote with respect to the Site, your Account, and the Content. Both you and BirdNote warrant to each other that, in entering these Terms, neither you nor BirdNote have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and BirdNote, Indemnified Persons, or BirdNote’ successors and permitted assigns, will have any right to enforce any of these Terms. You and BirdNote agree that any cause of action arising out of or related to the Site or Content must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
22. Comments and Questions
If you have any questions, comments or concerns about the Site, including Content, please contact us at: [https://www.birdnote.org/contact].