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 the Neotropical Bird Club (“NBC”). NBC is a charity registered in England & Wales (no.1040130). NBC’s UK address is: c/o The Lodge, Sandy, Bedfordshire, SG19 2DL, United Kingdom. NBC may be contacted by writing to the above address or by emailing secretary@neotropicalbirdclub.org

2. Use of this website

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. If you are dissatisfied with any material contained in this website or the 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 the Terms. NBC may terminate or amend this licence at any time.

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 NBC reserves the right to withdraw or amend all or part of this website. 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 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 clause 2.11 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.

2.11 If any NBC journal (such as, Cotinga and Neotropical 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 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.

3. Information in this website

General

3.1 The information in this website is given in good faith and for general information and interest only. NBC is not responsible for any inaccuracies or errors 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 in this website.

3.2 The information in this website should not be relied on and does not constitute any form of advice or recommendation. 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.

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 Any of the information in this website may be out of date at any given time, and NBC is under no obligation to update such material.

3.4 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.

3.5 The presentation of material in 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.

3.6 Any views expressed in material in this website are not necessarily those of NBC.

3.7 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).

3.8 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

3.9 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 3.9 apply in respect of each such contribution and all such materials. Any 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 such materials. 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 materials 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 materials, including any moral rights that you may have under the Copyright, Designs and Patents Act 1988. 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. By submitting a 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 copyright, trade mark and database rights. 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. 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. 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. NBC will not be responsible, or liable to any third party, for the content or accuracy of any such material. 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.

4. 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.

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.

4.4 NBC accepts no responsibility or liability for the content of, or your visit to, or your use of such websites.  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 external website.

4.5 In purchasing goods or services through any external 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 from this website

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.

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

4.8 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.

4.9 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 address.

5. 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 NBC’s Privacy & Cookies Notice. This is posted on this website.   See also clause 5.13 below (introducing & amending NBC’s 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 site without disclosing any personal data. A few optional features of this site 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;
  • 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;
  • 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.

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@neotropicalbirdclub.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 address or email secretary@neotropicalbirdclub.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.

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 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 publication. 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 NBC Privacy & Cookies Notice as replaced or amended, as the case may be.

6. 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.

6.4 NBC also reserves the right to introduce at any time (and subsequently amend or replace from time to time) a NBC 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 publication. Your continued use of this website after such a notice is introduced (or, as the case may be, replaced or amended) and posted on this website constitutes your acceptance of the NBC Privacy & Cookies Notice (as replaced or amended, as the case may be).

7. 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, 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 profits, loss of business, depletion of goodwill and like loss) 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, for fraud or for any matter which it would be illegal for NBC to exclude or to attempt to exclude its liability.

7.4 Your attention is also drawn to clauses 3.1, 3.2, 3.7, 3.8, 3.9, 4.4. and 5.10.

8. Complete Agreement

These terms and conditions (including any NBC Privacy & Cookies Notice referred to in clause 5 and clause 6) contain all the terms which you and NBC have agreed in relation to the use of this website.

9. Jurisdiction

9.1 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. Acceptance of these terms and conditions

Your continued use of this website indicates your acceptance of these terms and conditions and any subsequent terms and conditions that may be posted here from time to time. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.

 

These terms of use were last updated on 8th July 2018