Terms of Use

for Seabird Maps and Information for Fisheries Website

I. Acceptance

The Terms and Conditions contained in this User Agreement govern your access to and use of this Fishery and Seabird Information website (“the Website”) and the information contained within it (“Website Data,” as further defined below). By accessing the Website, you agree to become a party to this User Agreement, and YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. If you do not agree to these terms and conditions of use, do not access or otherwise use the Website.

II. General

The rights and obligations concerning the use of the Website in accordance with this User Agreement are personal to you and are not transferable to any other person or entity. Except for the arbitration term in section X, these Terms and Conditions may be modified from time to time. Accordingly, please continue to review the Terms and Conditions whenever you access the Website, since any access or use by you after any such modifications shall be governed by the latest version of this User Agreement.

III. Copyrights and Ownership; Use of Website Data

Unless otherwise indicated, American Bird Conservancy is the sole and exclusive owner of all rights, titles, and interests, including trademarks, copyrights, trade names, trade secrets, and other intellectual property rights, comprising the Website Data, which include all information, text, articles, data, images, screens, webpages, or other materials appearing on the Website. You agree to not alter or remove any copyright symbol or other identification concerning authorship of any of the Website Data. You may use Website Data for personal, educational, or commercial uses, provided that any use involving publication, including public copying, displaying, reporting, reproducing, posting, reposting, or transmission, or use to create a derivative work, or use involving a sale of Website Data, must include full acknowledgement and citation to the American Bird Conservancy. You may not download the entire Website database, nor use any Website Data in any manner that may give a false or misleading impression or statement. Nothing on this Website shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication, or otherwise.

IV. Trademark Notice

American Bird Conservancy, the American Bird Conservancy logo, and AmericanBirdConservancy.org are trademarks and/or service marks of the American Bird Conservancy. Address any inquiries concerning usage of American Bird Conservancy trademarks, copyrights, or designs to American Bird Conservancy, as per section XIV below.

V. Disclaimers of Warranties

Given the unpredictability of technology and the online environment, American Bird Conservancy does not warrant that the function or operation of the Website will be uninterrupted or error-free, or that defects will be corrected, or that the Website or the server that makes it available will be free of viruses, worms, or other harmful elements. As a visitor to and user of the Website, you agree to bear full responsibility for any costs associated with servicing of any equipment used in connection with your access to and/or use of the Website.

American Bird Conservancy does not represent or warrant that the Website Data is accurate, reliable, complete, or current. The Website may contain typographical errors, technical inaccuracies, or other incorrect information. American Bird Conservancy reserves the right to add to, change, or delete Website Data or any part thereof without notice. The Website Data are provided “as is,” and American Bird Conservancy makes no representations or warranties of any kind, express or implied, with respect to the Website or the Website Data. Rather, to the fullest extent permissible by law, American Bird Conservancy disclaims all representations and warranties of any kind, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Additionally, American Bird Conservancy makes no representation or warranty regarding the accuracy, reliability, completeness, or current nature of any information provided by third parties; is not responsible for any errors, omissions, or inaccuracies contained in any information provided by third parties; and is not a party to, and do not monitor, any transaction between users and third party providers of products or services.

VI. Links To Other Websites

You agree that information, text, graphics, and hyperlinks provided to you through the Website and located on other sites throughout the combined global electronic networks known as the Internet and the World-Wide-Web are provided solely as a resource and a convenience to you. Your linking to any off-Website pages or other websites is entirely at your own risk. American Bird Conservancy does not monitor or review the content of other party’s websites which are linked to from this Website, and opinions expressed or material appearing on such websites are not necessarily shared or endorsed by American Bird Conservancy, which should not be regarded as the publisher of such opinions or material. American Bird Conservancy makes no warranty, either express or implied, as to the accuracy, reliability, or content of such information, text, graphics, and hyperlinks, and is not responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. American Bird Conservancy has not tested any software located on other sites and makes no representation as to the quality, safety, reliability or suitability of such software. American Bird Conservancy is not responsible for the privacy practices, or content, of these sites. You should be aware when you leave the Website and should read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to or accessed through the Website yourself, before disclosing any personal information to another site. American Bird Conservancy bears no responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

VII. No Representations Regarding American Bird Conservancy Endorsement

You agree that you will not represent in any way, either orally or in writing or any other communicative form, that any activity by you, including commercial activity such as fishing, that is based in whole or in part on, or reflects in any way your use of, Website Data, has been endorsed or approved in any way by American Bird Conservancy.

VIII. Limitation of Liability

Neither American Bird Conservancy nor any of its officers, members, directors, employees or other representatives will be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use of the Website or any Website Data, even if American Bird Conservancy was advised of the possibility thereof. This limitation of liability is comprehensive and applies to all damages of any kind, including loss of data, income or profit, loss of or damage to property, and claims of third parties.

You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website and will not make any claim against American Bird Conservancy for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Website Data.

As a visitor to and a user of this Website, you agree that all access and use of this Website and the Website Data are at your own risk.

IX. Indemnification

You agree to indemnify, defend, and hold American Bird Conservancy and its officers, members, directors, employees or other representatives harmless from and against any and all claims, demands, lawsuits, causes of action, losses, expenses, liabilities, damages, penalties, and/or judgments, including reasonable attorneys' fees and amounts paid in compromise or settlement, arising out of or related to any violation of this Agreement by you or any authorized users of your account. American Bird Conservancy shall have the right to choose its own counsel. You shall cooperate as fully as reasonably required in the defense of any claim.

X. Governing Law; Disputes

This User Agreement shall be governed by law of the Commonwealth of Virginia, USA, without regard to its conflicts of laws provisions. Any dispute arising under or relating in any way to this User Agreement or your visit to the Website or use of Website Data shall be subject to expedited, binding arbitration in the Commonwealth of Virginia. You and American Bird Conservancy both agree that the arbitration award may be confirmed in a court of competent jurisdiction, and that neither party shall appeal the award or otherwise contest its confirmation. You and American Bird Conservancy also agree that the prevailing party shall be awarded, as part of the award, its reasonable attorneys’ fees and costs incurred in connection with the arbitration.

XI. Termination

Either you or American Bird Conservancy may terminate this User Agreement at any time, effective immediately, with or without prior notice to the other party. The provisions of Sections III and V-X shall survive any termination of this User Agreement.

XII. Comments

American Bird Conservancy welcomes comments about the Website, but is under no obligation to maintain comments in confidence, or to pay compensation of any kind for them.  You agree to release all proprietary claims and/or intellectual rights to any unsolicited comments of any kind to American Bird Conservancy, and all such comments shall become and remain the property of American Bird Conservancy.

XIII. Waiver

No waiver by any party hereto of any of the provisions hereof or of any breach or other default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

XIV. Privacy Policy

Information submitted by you when using the Website in confidentially maintained in accord with American Bird Conservancy’s Privacy Policy

XV. Contact information

If you have any questions about any of these terms or how they may apply to your intended use of Website Data, please contact American Bird Conservancy at:

PO Box 249
The Plains, Virginia 20198 USA
Tel: +540-253-5780
Fax: +540-253-5782
E-mail: dwiedenfeld@abcbirds.org