Terms of Use

Terms of Use

I. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND CORNELL UNIVERSITY ON BEHALF OF THE CORNELL LAB OF ORNITHOLOGY governing your use of the Merlin Bird ID mobile application (the “Application”) and associated websites including *.birds.cornell.edu and any of its sister sites such as www.allaboutbirds.org. Please review the Terms fully before you continue to use the Application. By using the Application, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Application. Please review our Privacy Policy, which also governs your use of the Application, to understand our practices. If you do not agree, please discontinue using the Application. The Cornell Lab of Ornithology reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Application after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on November 26, 2013.

Your use and browsing of the Application is at your risk. If you are dissatisfied with any of the materials contained in the Application, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Application.

II. Intellectual Property Issues

The Application is owned by Cornell Lab of Ornithology. All of the content featured or displayed on the Application, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by Cornell Lab of Ornithology. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Use.

Pursuant to the copyright and trademark laws of the United States, you agree:

1. That you may only download Content that the Cornell Lab of Ornithology designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.

2. To not reproduce, distribute, modify, re-post on another application or website (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from Cornell Lab of Ornithology, unless such use is pursuant to Educational Use.

3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.

4. To refrain from framing or mirroring any portion of the Application, and to link to the Application (or affiliated websites when appropriate). If there are questions regarding linking our pages, please contact us.

5. That by posting or submitting any text or other materials to the Application you grant Cornell Lab of Ornithology a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.

6. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Application should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide the Cornell Lab of Ornithology with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

By phone: 800.843.2473

By e-mail: cornellbirds@cornell.edu

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE APPLICATION.

III. Educational Use Content

With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user’s particular educational institution and may under no circumstances be used for commercial purposes.

Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other websites or computer networks, regardless of educational use.

IV. Liability

The Application and all material and information posted on it is provided to you “as is” without any warranties. You agree that you must evaluate and bear all risks associated with use of the Application, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

You acknowledge that due to the immediate nature of this medium, the Cornell Lab of Ornithology does not review, censor, approve, edit, or endorse information placed on the Application by its users, and cannot guarantee that inappropriate material will not be posted. The Cornell Lab of Ornithology will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.

The Application may provide, or third parties may provide, links to other applications or resources. Because the Cornell Lab of Ornithology has no control over such applications and resources, you acknowledge and agree that the Cornell Lab of Ornithology is not responsible for the availability of such external applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such applications or resources. You further acknowledge and agree that the Cornell Lab of Ornithology shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked application or resource.

V. User Conduct

All users shall use the Application for lawful purposes only. You agree not to post or transmit through the Application any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the application any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by the Cornell Lab of Ornithology to do so.

Conduct by any user that, at the discretion of the Cornell Lab of Ornithology, restricts or inhibits any other user from using or enjoying the Application will not be permitted. The Cornell Lab of Ornithology reserves the right to refuse access to the Application to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE APPLICATION IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE CORNELL LAB OF ORNITHOLOGY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to assume full and sole responsibility for any postings you make to the Application.

VI. Indemnification

You agree to indemnify, defend, and hold harmless the Cornell Lab of Ornithology; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Application from and against all liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. The Cornell Lab of Ornithology reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Cornell Lab of Ornithology in asserting any available defenses.

VII. Miscellaneous

The sole venue for any and all disputes arising from the subject matter of this Agreement shall be the state or federal courts serving Tompkins County, New York. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York, without regard to its conflict of laws provisions.

These Terms and any other operating rules or terms currently posted on the Application constitute the entire agreement between Cornell Lab of Ornithology and the users of the Application, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Cornell Lab of Ornithology may be construed as a waiver of any part of these Terms of Use. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.

VIII. Specific Terms of Use: Bird Art Online Collection

The contents of this application, including all text, data and images, are the property of Cornell University and may be used for educational, non-commercial use only. Copyrights and other proprietary rights in the content of this application may be owned by individuals and entities other than Cornell University. Cornell University expressly prohibits the copying of any protected images or content, except for fair use as defined by U.S. copyright law and as described below.

Fair use of copyrighted materials includes the use of protected materials for non-commercial, educational purposes such as teaching, scholarship, research, criticism, and commentary. Fair use does not include commercial use of any kind. Users must cite the author/artist and the source of any copied material from this application just as they would material from any printed work. The citation must include the following URL:  www.allaboutbirds.org.  Users must comply with all copyright laws and any other applicable restrictions.

All users of this application agree and warrant that they will limit their use of the application content to fair use and will not violate the proprietary rights of Cornell University or any other party.

Reproduction requests for should include: title of publication or broadcast (printed or electronic), expected date of publication or broadcast, type of publication or broadcast, and expected print run or distribution. The permissions coordinator will review the request and respond regarding the permission and publication fee. Cornell University retains sole discretion to grant, refuse or revoke a reproduction request for any reason.

Users of the collection are expected to abide by all copyright laws. In many cases, the Cornell Lab of Ornithology is owner of the physical object only. It is the obligation of the researcher to fulfill the requirements of the copyright law.

 

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