Mass Audubon Website Terms & Conditions of Use

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.

Copyright Notice

Copyright 2014 by Massachusetts Audubon Society, Inc. (Mass Audubon), 208 South Great Road, Lincoln, MA  01773. All rights reserved. Some materials delivered from this website may contain other proprietary notices and copyright information relating to those materials.

Other Restrictions on Use

Permission to use, copy, and distribute materials delivered from this website is hereby granted under the following conditions: (1) The above copyright notice and this permission notice must appear in all copies; (2) Any use of the materials available from this website must be for informational purposes only and in no instance for commercial purposes; (3) No materials available from this website can be modified in any way; (4) No graphics available from this website can be used (including links from pages on other websites), copied, or distributed separate from the accompanying text; and (5) Email addresses may not be retrieved from this website in bulk for any reason or for commercial purposes without specific written permission in advance.  Any rights not expressly granted herein are reserved by Mass Audubon. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any trademark of Mass Audubon. Except as expressly granted above, all rights are expressly reserved to Mass Audubon.

Information Warranty Disclaimer

MASS AUDUBON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS WEBSITE, OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARK OR PATENT RIGHTS OF OTHERS, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE. 

Limitation of Liability

Website content users of this website assume all risk for personal or property damage incurred while accessing or using the website and any information contained herein. Mass Audubon and its officers, directors, employees, volunteers, and agents assume no liability for any damages (including direct, incidental, consequential, indirect, or punitive damages) to any person or property arising out of access to or use of this website.

Revisions and Errata

The materials appearing on this website could include technical, typographical, or photographic errors. Mass Audubon does not warrant that any of the materials on its website are accurate, complete, or current. Mass Audubon may make changes to the materials contained on its website at any time without notice. Mass Audubon does not, however, make any commitment to update the materials.

Content Posted by Third Parties

Any party who posts information to this website agrees not to post any material which is defamatory, obscene, or a violation of any copyright or trademark, and further agrees not to represent himself or herself as someone else. Mass Audubon is under no obligation to monitor the information residing on or transmitted to this website; however, any party who posts information to this website agrees that Mass Audubon may take appropriate action in order to prevent the violation of the rights of Mass Audubon or of other parties in order to comply with any law, regulation, or other governmental request, or in order to operate this website properly or to protect itself or others. Mass Audubon reserves the right to modify, reject, or eliminate any information residing on or transmitted to this website that, in its sole discretion, it believes is unacceptable or in violation of these Terms and Conditions of Use. The use, distribution, or publication of any materials posted by third parties does not constitute or imply an endorsement of such materials or of any opinions or comments in such materials. Mass Audubon disclaims all responsibility for any defamatory, obscene, or copyright or trademark infringing material posted to this website by any third party. 

Any party who posts information to this website represents that it is the sole owner of all rights in materials posted by it (including all related copyrights) or that it has the absolute right to license their use as provided in this section. While the posting party will retain ownership of the copyright in the materials it posts, the posting party agrees that all of the materials it posts shall become part of a database, and that Mass Audubon will own the compilation copyright in that database. The posting party hereby grants Mass Audubon a perpetual, worldwide, royalty free,  irrevocable license to use, reproduce, modify, publish, publicly perform, publicly 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. Mass Audubon may sublicense all of its rights and licenses or assign them to third parties. Neither Mass Audubon nor any third party using the posting in accordance with this section will be obligated to pay the posting party any royalties or other compensation for use of the posting. Mass Audubon shall have no duty to attribute authorship of the posting to the posting party. Mass Audubon shall not be obligated to enforce any form of attribution by third parties.

Links

Mass Audubon is not responsible for and does not monitor the reliability or content of the websites linked to this website. Users of this website assume all risk for personal or property damage incurred while using the links to other websites contained on this website. Mass Audubon and its officers, directors, employees, volunteers, and agents assume no liability for any damages (including direct, incidental, consequential, indirect, or punitive damages) to any person or property arising out of access to or use of links to other websites contained on this website. 

Modification of Website Terms of Use

Mass Audubon may revise these Terms and Conditions of Use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Copyright Complaints 

If you believe in good faith that your copyrighted work has been reproduced on our website without authorization in a way that constitutes copyright infringement, please contact our Vice President for Operations at the address provided below with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on this website;
• your name, address, telephone number, and email 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 by law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is, to your knowledge, accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Mass Audubon’s agent for notice of claims of copyright or other intellectual property infringement can be reached by mail at:

Chief Operating Officer
Mass Audubon
208 South Great Road
Lincoln, MA 01773

This contact information is only for suspected copyright or other intellectual property infringement notices only, and is not for reprint or use permission requests. Contact information for other matters is provided elsewhere on this website. We may give notice of a claim of copyright infringement to our users by means of a general notice on the website, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

Governing Law

Any claim relating to Mass Audubon's website shall be governed by, and construed in accordance with, the internal laws of The Commonwealth of Massachusetts without regard to its conflict of law provisions.