Terms of Use: eBird API

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 (hereinafter "Cornell Lab of Ornithology") governing your use of the application programming interfaces (API) located at http://ebird.org/ws1.0 and http://ebird.org/ws1.1 (the "Site"). Please review the Terms fully before you continue to use the Site. By using the Site, 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 Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. Cornell Lab of Ornithology reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly.

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

II. Specific API Terms

Any use of the API, including use of the API through a third-party product that accesses eBird is bound by terms of this agreement plus the following specific terms:

1. You expressly understand and agree the Cornell Lab of Ornithology shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Cornell Lab of Ornithology has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
   
   
2. You shall not use the API in any manner that adversely impacts the stability of the ebird.org servers or adversely impacts the behavior of other applications using the eBird API. Such abuse may result in temporary or permanent suspension of your access to the API. The Cornell Lab of Ornithology, in its sole discretion, will determine what constitutes adverse impacts.
   
   
3. The Cornell Lab of Ornithology reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
   
   
4. The Cornell Lab of Ornithology reserves the right at any time to introduce new versions of the API and to discontinue current versions of the API with or without notice.
   
   
5. You agree to attribute eBird.org as the source of the data accessed via the API wherever it is used or displayed. Whenever possible, please accompany this with a link back to eBird.org.

III. Intellectual Property Issues

The Site is owned by Cornell Lab of Ornithology. All of the content featured or displayed on the Site, 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 Cornell Lab of Ornithology designates as offered for download to any single device a single copy of any Content for personal and noncommercial use.
   
   
2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), sell or exploit for any commercial purposes any Content derived from the site without specific written authorization from Cornell Lab of Ornithology. Contact Mary Guthrie (msg21@cornell.edu) to inquire about commercial uses.
   
   
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 Site.
   
   
5. That by posting or submitting any text or other materials to the Site 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.

IV. Liability

The Site 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 Site, 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, Cornell Lab of Ornithology does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. 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 Site may provide, or third parties may provide, links to other sites or resources. Because Cornell Lab of Ornithology has no control over such sites and resources, you acknowledge and agree that Cornell Lab of Ornithology is not responsible for the availability of such external sites 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 sites or resources. You further acknowledge and agree that 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 site or resource.

V. User Conduct

All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site 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 site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by Cornell Lab of Ornithology to do so.

Conduct by any user that, in the sole opinion of Cornell Lab of Ornithology, constitutes over use or abuse of the right to access data which restricts or inhibits any other user from using or enjoying the Site will not be permitted. Cornell Lab of Ornithology reserves the right to refuse access to the Site 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 SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CORNELL LAB OF ORNITHOLOGY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) 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 Site.

VI. Indemnification

You agree to indemnify, defend, and hold harmless Cornell Lab of Ornithology; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. 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 and available defenses.

VII. Privacy

Please review our eBird Privacy Policy which governs the use of personal information from the site and to which you agree to be bound as a user of the Site.