Website Terms & Conditions of Use

Neotropical Birding and Conservation (“NBC”)

(UK registered charity number 1196505)

NBC’S WEBSITE TERMS & CONDITIONS OF USE

These terms and conditions (“Terms”) set out the terms and conditions on which you may use this website. Please review these Terms carefully before you start to use this website. By using this website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please discontinue using this website.

1. Website operator

This website is operated by Neotropical Birding and Conservation(“NBC”). NBC is a charity registered in England & Wales (no.1196505). You can write to NBC at: c/o The Lodge, Sandy, Bedfordshire, SG19 2DL, United Kingdom.

1. Use of this website (including downloading)

2.1 In these terms and conditions (“Terms”):

– “use”, “using”, and “uses” include visiting, browsing and accessing all and part of this website;

– “you”and “your” refer to any person who uses all and any part of this website (including links) whether or not they do so through their own or someone else’s internet connection, and whether or not such use is direct or indirect (such as through file sharing or being told of the content of part of this website); and

– reference to “on this website” or “in this website” include any journal of NBC (such as Cotinga or Neotropical Birding) made available in digital form through this website.

2.2 Use of this website is at your risk. NBC does not warrant that this website is free from infection by viruses or anything else with contaminating or destructive properties. If you are dissatisfied with any material contained in this website or these Terms your sole and exclusive remedy is to discontinue using this website.

2.3 NBC grants you a non-exclusive licence to use this website upon these Terms. NBC may terminate or amend this licence at any time and without notice.

2.4 When using this website, you must comply with these Terms. You are also responsible for ensuring that all persons who use this website through your internet connection, and whether or not such use is direct or indirect (such as through file sharing or being told of the content of part of this website), are aware of these Terms and they comply with them.

2.5 You are responsible for making all arrangements necessary for you to have access to this website.

2.6 Access to this website is permitted on a temporary basis. NBC reserves the right to suspend, withdraw or amend all or part of this websitewithout notice. NBC will not be liable if for any reason this website is unavailable to you at any time or for any period.

2.7 NBC may (without notice)at any time or for any period restrict your access to all or part of this website (whether or not you are a member of NBC).

2.8 If you are provided with a user identification code, password or any other piece of information as part of our security procedures or access to a restricted part of this website you must treat such information as confidential, and you must not disclose it to a third party. NBC has the right to disable any such user identification code, password or piece of information whether chosen by you or allocated by NBC, at any time, if in NBC’s opinion you have failed to comply with any of the provisions of these Terms.

2.9 This website contains material which is owned by or licensed to NBC. This material includes, but is not limited to, text, still images, pictorial works, video images, still images of video, audio recordings, multimedia combinations, trade marks, graphics and the design, layout, look, and appearance of this website. It is protected by intellectual property laws including, but not limited to, copyright and trade mark law, and cannot be copied or reproduced without prior permission from NBC.

2.10 Subject to clauses 2.11 and 2. 12 below, you may view, use, download and store the material on this website for your personal, research and non-commercial educational use only. Commercial use is not permitted. You also agree not to adapt, alter or create a derivative work from any material on this website except for your own personal, non-commercial use. Subject to clause 2.11 below, any other use of material on this website requires the prior written permission of NBC.

2.11 If any NBC journal (such as, Cotinga orNeotropical Birding) can be printed, copied, downloaded or otherwise accessed from this website you may only print off one copy (whether all or part of such publication). If you print off in breach of these Terms, any right you may have to use this website will cease immediately and you must, at NBC’s option, return or destroy any materials you have printed in breach of these Terms. If you have passed any such materials to a third party you will be responsible for repossessing such materials.

2.12 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

2.13 NBC’s status (and that of any identified contributors) as the authors of material on this website must always be acknowledged.

2.14 The re-distribution, re-publication, or otherwise making available of the material on this website to third parties without the prior written consent of NBC is prohibited.

2.15 If you would like to request permission to reproduce any materials on this website, please write to NBC at the above postal address.

2.16 Unauthorised use of this website may give rise to a claim for damages against you or your estate and/or be a criminal offence.

2.17 You agree that material downloaded or otherwise accessed through the use of this website is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and NBC had been advised of the possibility of the same.

2.18 NBC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of thiswebsite or to your downloading of any material posted to this website, or on any website linked to this website. You must take your own precautions in this respect.

1. Information onthis website

General

3.1 All material posted on this website by NBCis given in good faith and for general information and interest only.

3.2 NBC is not responsible for any inaccuracies, defects or errors (whether typographical or otherwise, omissions, out of date information or otherwise) and (except as set out in clause 7.3) makes no representation and gives no undertaking, guarantee, condition or warranty as to the accuracy, thoroughness, or utility of any information contained on this website (whether posted by NBC or any visitor to this website). NBC does not warrant that any inaccuracies, defects or errors will be corrected.

3.3 The information contained on this website (whether posted by NBC or any visitor to this website)should not be relied on and does not constitute any form of advice or recommendation. You are hereby placed under notice that you should take appropriate steps to verify such information. You should not act or refrain from acting on the information contained in this website without first verifying the information.Except as set out in clause 7.3, NBC disclaims all liability and responsibility arising from any reliance placed on such information by anyone using such information and by anyone who has been informed of such information using such information. By using this website, you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to in this website are entirely at your sole risk and responsibility.

3.4 All information contained on this website is subject to withdrawal or change without notice. Any of the information contained on this website may be out of date at any given time and NBC is under no obligation to update such material.

3.5 Apart from the sections relating to membership of NBC or the provision of any goods or services for which you are making payment to NBC, nothing in this website is intended to be nor should be construed as an offer to enter into a contractual relationship. (For the avoidance of doubt, it is confirmed that the intention is that these Terms are legally binding on you.)

3.6 The presentation of material contained on this website and the geographical designations employed do not imply the expression of any opinion whatsoever on the part of NBC concerning the legal status of any country, territory or area, or concerning the delimitation of its frontiers or boundaries.

3.7 Any views expressed in material contained onthis website are not necessarily those of NBC.

3.8 NBC accepts no liability for the services or products advertised or mentioned in this website (unless the products or services are being offered for sale directly by NBC).

3.9 NBC makes no endorsement of the services or products advertised or mentioned in this website (unless the products or services are being offered for sale directly by NBC).

Your contributions

3.10 If you make use of a feature that allows you to upload material to this website, or you submit material for posting to this website which NBC posts on this website (in whole or in part), the terms of this clause 3.10 apply in respect of each such contribution and all such materials (referred to as ‘‘such material” and “your contribution” respectively in this clause 3.10).

3.10.1 Any such material uploaded or submitted for posting will be considered non-confidential and non-proprietary. You grant NBC a non-exclusive royalty-free perpetual licence for the worldwide use and/or sub licence of all such material. This licence shall include the right to use, copy, distribute, translate, adapt and disclose any such material for any purpose consistent with the objects of NBC and the right to exploit any proprietary rights in such material in a manner consistent with the objects of NBC. You agree with respect to each such use by NBC to waive all rights that you may have in such material, including any moral rights that you may have under the Copyright, Designs and Patents Act 1988.

3.10.2 You are solely responsible for the legality of your contribution and for any legal claims or liability that may arise in connection with your contribution.

3.10.3 By submitting your contribution, you confirm that your contribution is your own original work and complies with all applicable laws, including without limitation laws relating to defamation, privacy, and intellectual property rights such as trade secrets, copyright, trade mark and database rights. If your contribution features other people who are recognisable, you are responsible for ensuring that you have their permission for the contribution in accordance with these terms and conditions. Contributions featuring children under 18 or vulnerable adults, can only be accepted if you are the parent or guardian.

3.10.4 You agree to indemnify (that is, to pay in full) NBC for any expense or liability that NBC incurs as a result of the actual or alleged illegality of any such contribution (including, but not limited to, infringement of the privacy or intellectual property rights of a third party).

3.10.5 You warrant that such material will not introduce to this website any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to this website.

3.10.6 NBC will have the right to disclose your identity to any third party who is claiming that any such material constitutes a violation of their intellectual property rights or of their right to privacy.

3.10.7 NBC will not be responsible, or liable to any third party, for the content or accuracy of any such material.

3.10.8 NBC has the right to not to post and the right to remove any such material from this website at any time and without notice to you (including if in our opinion, such material does not comply with the Content Standards referred to below). NBC reserves the right to edit and alter your contribution at all times.

3.10.9 Whenever you make use of a feature that allows you to upload material to this website, or to make contact with other users of this website, you must comply with the content standards set out in the Schedule below (“Content Standards”). You warrant that any such contribution does comply with the Content Standards, and you indemnify NBC for any breach of that warranty.

3.10.10 NBC may (without notice) revise theSchedule at any time by amending the Schedule and posting it to this website. You are expected to check the Schedule on this website from time to time to take notice of any revisions NBC makes, as they are legally binding on you.They are effective from the date of posting.

1. Linking from and to this website

Links from this website

4.1 This website may contain links to other websites which are not under the control of NBC (“external website”). Such links are provided for information only.

4.2 NBC is not responsible for the content or functionality of any external website or any website linked to an external website (“linked website”).Any views or opinions on external websitesor linked websites are the personal views of theindividual, company or organisations that provided them and do not necessarily reflect the opinion or views of NBC.

4.3 Any link to an external website is not intended to be, nor should be construed as, an endorsement of any kind by NBC of that other website or the approval or warranty of such website’s content or as to the standing and capability of any organisation, company or individual mentionedor that it has been reviewed by the NBC.

4.4 NBC accepts no responsibility or liability for the content of, or your visit to, or your use of any external website or any linked website.  By using this website, you acknowledge that NBC is not responsible or liable for any damage or loss caused or alleged to be caused in connection with your visit to, or use of any such website.

4.5 In purchasing goods or services through any external website or linked website you are dealing with the operator of such website and not NBC. This might include entering into a contract or accepting terms and conditions of the operator. You should exercise caution.

Links to this website

4.6 You must not link to this website for commercial purposes without our written agreement.

4.7 Subject to clause 4.6, you may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on NBC’s part where none exists. If you make such a link you must give appropriate credit in the link title.

4.8 You must not establish a link from any website that is not owned by you.

4.9 This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. NBC reserves the right to withdraw linking permission without notice.

4.10 If you wish to make use of any material on this website other than that set out above, please write to NBC at the above postal address. For the avoidance of doubt, you may not link to images or other downloadable resources unless explicit written permission has been given to you by NBC.

4.11 NBC’s logo must not be used to link to our site or in other ways represent NBC on other websites without the prior written consent of NBC. The only exception to this is by organisations or individuals who have received a grant or donation from NBC.

1. Your privacy

5.1 NBC is committed to protecting your privacy. NBC will not sell your personal data to any third party.

5.2 How NBC uses, takes care of and shares, personal data is briefly described in this clause 5. More detail is set out in the NBC’s Privacy& Cookies Notice. This is posted on this website.   See also clause 5.13 below (introducing & amending a Privacy & Cookies Notice) and clause 6 below (Cookies).

Collection & use of personal data by NBC

5.3 You can use most of the features of this website without disclosing any personal data. A few optional features of this website ask you to provide some personal data (e.g. name, e-mail address).

Amending etc. personal information

5.4 In particular if you use this website to apply for membership or a conservation grant, or to purchase NBC merchandise or make a donation you will disclose personal data.

5.5 NBC will use any such personal data (as appropriate) for:

• administering your membership (including internal record keeping);
• membership renewal & reminders;
• notices of NBC meetings;
• administration of conservation award (including sharing with NBC’s conservation awards sub-committee);
• fulfilment of orders for goods and services ordered;
• administration of donations and legacies;
• payment handling;
• membership surveys; and
• in-house research and analysis.

Consent: opt-in

5.6 NBC requires specific consent (known as “opting-in) in order to communicate with you on certain matters regarded in data protection law as “marketing”: namely

• announcements (excluding notices of NBC meetings);
• some events;
• fundraising (e.g. trips and raffle tickets);
• volunteering opportunities; and
• developments in your country or region.

5.7 On this website you will find a method for opting-in. Or you can request an opt-in form by emailing secretary@neotropicalbirdingandconservation.org

 

Amending etc. personal data

5.8 If you have already supplied us with personal data, you can amend or update this at any time by emailing secretary@neotropicalbirdingandconservation.org or by writing to us at the above address. If you wish to obtain a copy of the personal data which NBC holds about you, you can contact NBC as above and request this.

Incorrect etc. personal data

5.9 If you believe that any information NBC is holding on you is incorrect or incomplete, please write to NBC at the above postal address or email secretary@neotropicalbirdingandconservation.org. NBC will correct promptly any information which was found to be incorrect.

Under 18s

5.10 If you are aged under 18 years of age, then please ensure you obtain your parent or guardian’s consent before sending any personal information to this website. Please note that NBC will not accept online donations or orders for goods or services (including membership) from persons aged under 18 years.In line with data protection law, we will not collect, store or process your personal details if you are under 13 years of age; unless we have the express permission from your parent or guardian to do so.

Parents and guardians

5.11 We encourage parents and guardians to be aware of the activities in which your children are participating in both offline and online, particularly with regard to third party websites. If your children voluntarily disclose information, this may encourage unsolicited messages. We suggest that you discourage your child from providing any information without your consent.

Privacy on other websites

5.12 This website may contain links to enable you to visit other websites. NBC does not have any control over such other websites. Therefore, NBC cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites. You should exercise caution and look at any privacy statement applicable to the website in question.

Introduction or change of a Privacy & Cookies Notice

5.13 NBC reserves the right to introduce at any time (and subsequently amend or replace from time to time) a Privacy & Cookies Notice. Notice of any such notice (or, as the case may be, any amendment or replacement) will be posted on this website and will be deemed effective on posting. Your continued use of this website after such a Privacy & Cookies Notice is introduced (or, as the case may be, replaced or amended) and posted on this website constitutes notice of the Privacy & Cookies Notice as replaced or amended, as the case may be.

 

1. More on Cookies

6.1 A cookie is a piece of data about a website that is stored in your web browser. Cookies are often used to store choices about how you use the site and allow web applications to respond to you as an individual.

6.2 A cookie in no way gives NBC access to your computer or any information about you, other than the data you choose to share with NBC. You may set your web browser to notify you of cookie placement requests or decline cookies completely. You can delete the files that contain cookies – those files are stored as part of your internet browser.

6.3 NBC reserves the right to introduce cookies.

1. Liability

7.1 NBC does not guarantee that use of this website will be compatible with all hardware and software which may be used by you.

7.2 Except as set out in clause 7.3 below, NBC will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profitsor contracts, loss of income or revenue, loss of business, loss of goodwill, damage to reputation and wasted expenditure or management time) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information, data, software or other materials contained in this website, including, without limitation, as a result of any computer virus (including any trojan, worm, logic bomb or other material which is malicious or technologically harmful to this website).

7.3 These terms and conditions do not exclude NBC’s liability (if any) to you for personal injury or death resulting from NBC’s negligence,or its liability for fraudulent misrepresentation,or any other liability which cannot be excluded or limited under applicable law.

7.4 Your attention is also drawn to clauses 3.2, 3.3, 3.8, 3.9, 3.10, 4.4. and 5.10 above.

1. Complete Agreement

These terms and conditions (including any NBC’s Privacy & Cookies Notice referred to in clause 5 above and any Website Acceptable Use Policy posted to this website by NBC) contain all the terms which you and NBC have agreed in relation to the use of this website.

1. Complaints

9.1 If you wish to make a complaint about this website please email secretary@neotropicalbirdingandconservation.org

9.2 In the event that we cannot resolve any dispute between us, NBC will propose a method of dispute resolution.

1. Jurisdiction

10.1 This website is controlled and operated by NBC from England & Wales. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in this website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of this website.

10.2 If any or any part of the terms contained in these Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

1. Acceptance of these Terms (and amendments)

Your continued use of this website indicates your acceptance of theseTerms. NBC may change all and part of these Terms at any time by posting changes online, by way of amending these Terms. They are effective from the date of posting.Please review these Terms to ensure you are aware of any changes. Your continued use of this website after changes are posted means you agree to legally bound by these Terms as updated and/or amended.

 

 

 

 

Schedule: Content Standards

These content standards apply to any and all material which you contribute to this website (‘contributions’). You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion or belief, nationality, disability, sexual orientation, gender reassignment or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from NBC, if this is not the case;
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
• promote your own or your employer’s business, or otherwise include any advertising or promotional material.

These Terms were last amended on 1 April 2022.