Acceptance of Terms
Your use of the Site constitutes your acceptance of these Terms, without modification. If you do not agree to these Terms, you may not use the Site. If you are under 18 years of age, then by your use of the Site, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.
Changes to the Sites and These Terms
All information posted on the site is subject to change without notice and NJAS reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide this Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. NJAS reserves the right, from time to time, to amend or change these Terms. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use this Site after the date on which the Terms have changed, NJAS will treat your use of the Site as acceptance of the updated Terms, with prospective effect.
Links to Other Web Sites
Digital Millennium Copyright Act Claims
NJAS Copyright Agent: Chris Neff, Director of Communications, New Jersey Audubon Society. 9 Hardscrabble Road, Bernardsville NJ 07924. Fax: 908-204-8960. Email: firstname.lastname@example.org
Certain articles or materials contained on this web site are also separately copyrighted.
The NJAS logo, the World Series of Birding logo, the Birding & Wildlife Trails logo, the Important Bird Areas logo and associated trademarks are owned by the NJAS. All rights reserved.
Warranty and Liability Disclaimer
EXCEPT AS LIMITED BY LAW, NJAS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS WEBSITE, OR ANY PORTION THEREOF, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF COPYRIGHT, TRADEMARK OR PATENT RIGHTS OF OTHERS, MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PURPOSE. IN NO EVENT WILL NJAS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY CONNECTED WITH ITS WEBSITE.
Waiver of Responsibility for Defective or Contaminated Materials
The NJAS disclaims responsibility for any errors or omissions, including technical inaccuracies or typographical errors. Furthermore, NJAS cannot and does not guarantee or warrant that files made available for downloading will be free of “viruses”, “infections” or similar software contaminations which may render the software useless or cause damage or destruction to user’s hardware, software or system(s). Users are responsible for implementing sufficient procedures and protections against possible damage. Use of NJAS’s website and the Internet in general is at the user’s own risk.
You agree that you shall have no recourse whatsoever against NJAS, or its licensors, successors or assigns, in connection with any loss of or disablement of access to User Materials, or for any unauthorized access to, reproduction of or distribution of User Materials. NJAS is not responsible for back-up or restoration of User Material. NJAS and its third party hosting providers reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network (or the networks of our third party providers) and to distribute such content to multiple servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any NJAS or third party server. We do not guarantee the protection of your content or data located on our (or our hosting providers’) servers or transmitted across our network (or other networks) against loss, alteration or improper access.
As a user of this Site, you acknowledge and agree that third party entities that submit or post User Materials on this Site are not affiliated with NJAS, and that NJAS disclaims any and all liability for the acts and omissions of such entities or their agents.
In order to maintain an efficient and effective site that addresses the needs and interests of its viewers, the following rules apply to the use of this site:
a. users may not post or transmit any message or content that is libelous, defamatory or obscene, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets or rights in any confidential information. The user hereby indemnifies NJAS for any and all damages suffered by third parties as a result of user’s violation of this rule.
b. users may not post or transmit any message, data, image or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
c. a user who posts information to this Site represents that it is the sole owner of materials posted by it or that is has the right to license their use.
d. users acknowledge and agree that NJAS may take appropriate action in order to prevent the misuse of the site to disseminate information, statements or materials that may be abusive, destructive, harmful or threatening to the safety of others or in order to comply with any law or regulation of any government entity.
e. users may not interfere with other users’ use of this Site, including, but not limited to, the disruption of the normal flow or use of the service.
f. users may not post or transmit any contaminated or destructive files and may not accesses (or attempts to access) this Site or any portion thereof through any automated script or routine, including "robots," "spiders," "offline readers," bots, web crawlers or other means, that access the Site in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.g. the use, distribution, or publication of any materials posted by third parties on the Site does not constitute or imply an endorsement of such materials or of any opinions or comments expressed in such materials.
g. users hereby grant NJAS a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, perform, display and distribute its posting, any portion of such posting and any derivative works created from such posting, in print, electronic and other media, by any means now known or developed in the future. NJAS shall not be obligated to pay the posting party any royalties or other compensation for use of the posting. Notwithstanding anything contained in this subparagraph, NJAS shall delete all identifying information relating to users in the subsequent use(s) of such postings.
h. If you choose to access this Site from outside the United States, you are responsible for compliance with all applicable laws, rules, regulations, decrees and orders (collectively, "Laws").
Use of Materials
Users may download, print or transmit information from the site subject to the following conditions:
a. the appropriate copyright and/or trademark notice must be affixed to each copy downloaded, transmitted or printed;
b. use of materials available from the site must be for personal or informational purposes only and in no instance may be used for commercial purposes;
c. materials available from this site may not be modified in any manner;
d. no materials available from this site (including links from pages on other websites) can be used, copied or distributed separate from the accompanying text.7. Choice of Law - These terms and conditions shall be governed and construed in accordance with the laws of the State of New Jersey.
You agree to indemnify, defend and hold harmless NJAS, including its employees, agents, directors, officers, successors and assigns, from and against all losses, expenses, damages and costs, including reasonable attorneys' and experts' fees, arising from or related to claims made by any third-party due to or arising out of (a) User Materials or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Site or User Materials. These indemnity obligations will survive termination of your relationship with NJAS or your ceasing to use the Site. NJAS reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with NJAS in asserting any available defenses.