Terms of Use: NABirds  

Building and managing the systems that enable the collection and careful management of the NABirds V1 dataset requires ongoing time, effort, and expense for the Cornell Lab of Ornithology. Thousands of people freely contribute to this dataset through their participation at AllAboutBirds.org/Labs, and in this same spirit we make these data freely available for non-commercial research use.

In order to help financially maintain and develop the dataset, we need to receive acknowledgement for our work when others use these data for non-commercial research purposes. The formal terms of use (specified below) describe the mechanisms through which we can ensure that appropriate credit is given for the benefit of maintaining and growing this dataset.

THESE TERMS AND CONDITIONS OF USE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND CORNELL UNIVERSITY ON BEHALF OF THE CORNELL LAB OF ORNITHOLOGY (herein after “Cornell Lab of Ornithology”) governing your use of all or a subset of the NABirds V1 dataset:

  • NABirds V1 data, (which includes but is not limited to photographs and associated data) are supplied for non-commercial research purposes only. NABirds V1 data may not be reproduced, distributed, or used to make products of any kind (whether commercial or noncommercial) without prior written permission of the Cornell Lab of Ornithology.  If you require permission, please contact the Cornell Lab of Ornithology via email to Miyoko Chu, senior director of Communications, at mcc37@cornell.edu.

  • The users of the NABirds V1 data will provide a full and appropriate acknowledgement in any research publication (including conference proceedings, posters, and online publications) that should read, "Data provided by the Cornell Lab of Ornithology, with thanks to photographers and contributors of crowdsourced data at AllAboutBirds.org/Labs. This material is based upon work supported by the National Science Foundation under Grant No. 1010818.” For any publication making substantial use of the NABirds V1 data, the Cornell Lab of Ornithology welcomes opportunities for commenting on the work prior to publication, for collaboration, and for co-authorship if we contribute substantial intellectual input in a publication. Expressions of interest can be sent to Miyoko Chu at mcc37@cornell.edu.

  • The recipient will not pass the original datasets on to any third parties and will direct all such thirds parties’ requests for use of NABirds V1 data back to the Cornell Lab of Ornithology.

  • The recipient will not publish or publicly distribute NABirds V1 data in their original format, either whole or in part, in any media, including but not limited to on a website, FTP site, CD, or memory stick. The recipient should provide a link to the original data source location on the Cornell Lab of Ornithology website where appropriate: http://birds.cornell.edu/nabirds/.

  • The recipient may only pass on datasets derived from the Cornell Lab of Ornithology’s original   NABirds V1 data (in forms not limited to tabular and graphical representations) if these derived data are supplied with the same Terms of Use.

  • Your use of any NABirds V1 data does not constitute endorsement by the Cornell Lab of Ornithology of any derived products, reports, or analyses. The Cornell Lab of Ornithology logo must not be used on any derived products, reports, or analyses, or supporting materials, without express written permission.

  • All NABirds V1 data are provided with additional supporting metadata sufficient to make sensible and informed decisions about data use. The recipient must read all supporting metadata prior to any analysis and agree to abide by any stipulations contained therein. Where appropriate, Cornell Lab of Ornithology staff can provide additional guidance on request to aid in the correct use and interpretation of the data.

  • The Cornell Lab of Ornithology may update the NABirds V1 dataset at any time.

  • The Cornell Lab of Ornithology endeavors to maintain accurate and up-to-date data at all times, but can accept no responsibility for the consequences of errors or omissions in the data, for misuse of the data by any organization or individual, or for any damage done to computing systems into which the data are entered (see Disclaimer below). 

  • User agrees to send, free of change, an electronic copy of all products published using NABirds V1 data supplied by the Cornell Lab of Ornithology to Miyoko Chu at: Cornell Lab of Ornithology, 159 Sapsucker Woods Road, Ithaca, NY, 14850, USA; or via email to: mcc37@cornell.edu

Disclaimer

The Cornell Lab of Ornithology makes no warranties or representations, express or implied, with regard to the correctness, reliability, or accuracy of any NABirds V1 data, or otherwise. All   NABirds V1 data are provided “as-is.” The material and geographic designations in NABirds V1 data do not imply the expressions of any opinion whatsoever on the part of the Cornell Lab of Ornithology concerning the legal status of any country, territory or area, nor concerning the delimitation of its frontiers or boundaries. Neither the Cornell Lab of Ornithology nor its affiliated or related entities or its content providers shall be responsible or liable to any person, firm, or corporation for any loss, damage, injury, claim, or liability of any kind or character based on or resulting from any use of any NABirds V1 data.

Indemnification and Limitation of Liability

You agree to indemnify, defend, and hold harmless Cornell University, its trustees, officers, employees, and agents, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your violation of these Terms.  You expressly understand and agree Cornell University 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 Cornell has been advised of the possibility of such damages), resulting from your use of any NABirds V1 data.

Errors and omissions

The Cornell Lab of Ornithology endeavors to maintain accurate and up-to-date data at all times. However, if errors or omissions are identified, the user should notify the Cornell Lab of Ornithology so that they can be corrected in future releases of the data. Users can contact the Cornell Lab of Ornithology using the details below. Please mark all correspondence: “ NABirds V1—Data Correction.”

Email: mcc37@cornell.edu  

Postal Address: Cornell Lab of Ornithology, 159 Sapsucker Woods Road, Ithaca, NY, 14850.