Terms & Conditions

Our community will always strive to be an international mix of experts and novices of all ages. We're all working together to better understand and appreciate our local wildlife. Our focus is photographing wildlife in its natural habitat and documenting biodiversity. We respect nature and our fellow community members. All community members are expected to respect each other in the use and/or engagement with this website, subdomains, social media and/or apps.

By entering, accessing, viewing and/or using this Project Noah website and its subdomains, social media and apps accessed directly or indirectly by or through hyperlinks, other social media apps or mobile devices, You agree and are bound to the following terms and policies. Project Noah’s terms and policies are subject to change without notice and You agree to any subsequent changes by use or continued use of this website(s), subdomains, social media and/or apps as previously detailed. Project Noah may without notice modify, delete portions of, move or replace any or all of its terms and policies which will be effective immediately upon posting to Project Noah’s website(s) or subdomains, social media and/or apps. Therefore, please check our terms and policies regularly.

• Materials include but are not limited to: text, photographs, videos, audio, animations, illustrations, charts, maps, graphs, derived data products;
• Any use of the Materials available through Project Noah website(s), subdomains, social media and/or apps must be for personal and informational purposes only, and not for commercial purposes;
• Materials may not be modified;
• No Materials may be used, published or re-published, downloaded, copied or distributed for commercial purposes and may not be altered, modified, deleted, or extracted from text; and
• Email addresses may not be retrieved in bulk for any reason, including commercial reasons, without specific written permission.  Any rights not expressly granted herein are reserved by Project Noah. 
Nothing contained herein shall be construed or constructed as conferring by implication, estoppel, or otherwise any license or right to any Project Noah’s or any third party’s copyright and/or trademark that may appear.  Unless expressly granted, all rights are reserved to Project Noah.

Project Noah welcomes your participation in and contributions to its website(s), subdomains, social media and/or apps.  By uploading and/or posting comments or other Materials You agree to the following Terms:
• The Website(s), subdomains, social media and apps are to be used solely for non-commercial purposes.  You may not use these digital mediums to publish Materials containing any advertisements or solicitations for funds, goods or services.
• Uploading and/or Posting Material that is defamatory, obscene, hateful, ad hominem attacks, harassing, or discriminatory, or that is a violation of any law, including those protecting privacy, publicity, trade secrets, copyrights, and trademarks are prohibited.
• Project Noah is not under any obligation to monitor the Materials residing on or transmitted to its Media. Notwithstanding, Project Noah may at its sole discretion and without notice or warning, modify, remove, delete, tag or reject any posted Materials for any reason, including to prevent the violation of Project Noah’s rights or the rights of members, visitors or any other third parties, to comply with any law, regulation or other government request, or to operate its Media sites as it deems appropriate to its mission statement.
• You may not link to, post, upload, or transmit any software or other Material that contains a virus or other harmful malicious code.  You may not use Project Noah’s media to distribute chain letters, mass mailings, or spam or to gather email addresses for the purpose of sending spam to other users.


Project Noah is protected by U.S. and International copyright and trade mark laws. All rights are reserved. No content on this website(s) or subdomains may be reproduced, distributed, displayed, transmitted, stored in a retrieval system or used to create derivative works without prior consent of the copyright owner.  You may copy and print content for your personal, non-commercial use only, provided that you include all copyright and other notices in the content, and that you do not modify the content.  To request permission from Project Noah for any other use, please contact support@projectnoah.org

Project Noah may include hyperlinks to third party sites and services that are governed by the terms set forth by those third parties.  Project Noah does not endorse, is not responsible for, or liable in any way for any third party websites, their contents, operators, practices or policies or for any products or services that may be advertised by third parties on our Media platforms.
 
Project Noah’s trademarks appear throughout its website and subdomains. All rights are reserved. Use of Project Noah’s trademarks or content protected by copyright laws, without permission will be construed as infringement. Project Noah will enforce any and all intellectual property rights and seek any and all remedies up to and including legal action and injunctive relief.

Similarly, content on other third party websites or media are protected under U.S. and International copyright and trade mark laws. You are strictly prohibited from posting registered or unregistered content from other websites to Project Noah’s website(s), subdomains or social media.

By uploading and posting any Materials, You represent and warrant that you are the author or owner of exclusive licensing rights of the subject Materials; so that you are capable of licensing rights contemplated herein; and that no part of the Materials will infringe upon or violate any publicity, privacy, patent, copyright, trademark, or other proprietary rights of any third parties According to this representation and warranty, You agree to hold harmless and indemnify Project Noah and its directors, officers, members, employees, agents, assigns and affiliates from any and all claims, suits, proceedings, complaints, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising from: 1) your breach of any of the above representations and warranties; 2) your use of Project Noah’s Website(s), subdomains and social media; 3) the Materials you posted, uploaded or transmitted on or through Project Noah’s Website(s), subdomains, Media platforms; and 4) Project Noah’s use, publication, distribution or reproduction of any such Materials. By uploading and posting any materials on this website(s), subdomains and social media, You further agree to grant to Project Noah, a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, unlimited license to use, reproduce, modify, alter, perform, distribute, publish, sublicense and /or use in a derivative work at Project Noah’s sole discretion without notice for the purpose of displaying, distributing, and promoting your observations via Project Noah. By uploading any materials You are solely responsible for posting author attributions or photo credits. As You were given the opportunity to post such attributions or credits at the time of posting the material(s) and any time thereafter, Project Noah is not responsible for the failure to post or omission of such attributions or credits and You waive any and all claims, complaints, actions, proceedings or suits to enforce this requirement against Project Noah.

Project Noah processes data for the purpose of:

• creating a passionate community of nature enthusiasts
• enabling users to publish and share nature journals
• educating the public on the importance of nature and wildlife conservation
• crowdsourcing user requests for help with species identifications

We are committed to keeping your personally identifiable information secure. We will not sell your email address or any of your personal information.

Users may request data deletion in one of two ways: clicking the "Permanently delete my account" link within user profile settings or by emailing Project Noah Support at support@projectnoah.org

We gather anonymous, aggregated usage statistics to help us better understand how people use our web and mobile software so that we can improve it. We use Google Analytics on the web.

Think before you post any information or materials that identify you personally such as your full name, your home address, telephone number, email address or school or work. We reserve the right to refuse service, cancel accounts, take down material posted or limit participants and guest access for any reason without notice.

You must be eighteen (18) years old or over to post to this website(s) and any subdomains.

ALL CONTENT ON PROJECT NOAH’S WEBSITE(S), SUBDOMAINS AND MEDIA ARE AVAILABLE “AS IS.”  PROJECT NOAH MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS WEBSITE(S), SUBDOMAINS AND MEDIA, OR ANY PART THEREOF, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARK OR PATENT RIGHTS OF OTHERS, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE OR USE.  IN NO EVENT WILL PROJECT NOAH, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWSOEVER CAUSED, ARISING FROM THE USE OR INABILITY TO USE PROJECT NOAH’S WEBSITE(S), SUBDOMAINS, MEDIA, AND THE TERMS OF USE, OR RELATING TO THE OBLIGATIONS HEREUNDER; PROVIDED THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF PROJECT NOAH AND ITS EMPLOYEES.

These Terms of Use, along with the Privacy Policy, shall be governed in accordance with the laws of the State of New York, without regard to principles of conflict of laws.  Any dispute arising out of, in connection with, or related to these Terms of Use or your use of Project Noah’s Website(s), subdomains and Media, shall be brought in any Federal or State Court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

If any portion of this terms of use is deemed unenforceable by a court of competent jurisdiction or by operation of law, all remaining portions thereof shall remain in full force and effect. If you have any questions or concerns please feel free to contact us at: support@projectnoah.org