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Terms and Conditions of Use

Use of text, images and other content on this website are subject to the following terms and conditions:

Content is Protected by Intellectual Property Laws
Fair Use is Permitted
Warranty
Commercial Use is Restricted
Trademarks
Disclaimer
Links to Third Party Websites


Content is Protected by Intellectual Property Laws

Text and image files, audio and video clips, and other content on this website are the property of the New York Botanical Garden and are protected by copyright and other restrictions. Copyrights and other proprietary rights in the content on this website may also be owned by individuals and entities other than, and in addition to, the New York Botanical Garden. The New York Botanical Garden expressly prohibits the copying or distribution of any protected materials on this website, except for the purposes of fair use as defined in federal law, and as described below.

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Fair Use is Permitted

Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text and image files from this Web site for such uses may do so without the New York Botanical Garden’s express permission, provided that they comply with the following conditions:
  1. The content may only be used for personal, educational or noncommercial purposes;
  2. Users must cite the author and source of the content as they would material from any printed work;
  3. The citation must include all copyright information and other information associated with the content and the URL for the New York Botanical Garden website
  4. None of the content may be altered or modified; and
  5. Users must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
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Warranty

By downloading, printing, or otherwise using content from this website, users agree and warrant that they will limit their use of such content to fair use as defined in federal law and will comply with all other terms and conditions set forth herein, and will not violate the rights of the New York Botanical Garden or any other person or entity. The New York Botanical Garden does not warrant that use of the text, images, and content displayed on the website will not infringe the rights of third parties.

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Commercial Use is Restricted

Unauthorized commercial publication or exploitation of text, images, or content of this website is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from the New York Botanical Garden. Permission for such use is granted on a case-by-case basis at the sole discretion of the New York Botanical Garden. A usage fee may be assessed depending on the type and nature of the proposed use. Contact pubrel@nybg.org for information.

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Trademarks

Many of the trademarks, service marks, and logos (collectively, the "Trademarks"”) displayed on the website, including the New York Botanical Garden and logo are registered and/or unregistered common law trademarks of the New York Botanical Garden. The trademarks of third parties may also be displayed on this website. Nothing contained in this website should be construed as granting, by implication or otherwise, any license or right to use any Trademarks displayed on the website without the express written permission of the New York Botanical Garden or any third party that may own such Trademarks. Any unauthorized use of the Trademarks or any other images or content on this website, except as authorized in these Terms and Conditions, is strictly prohibited.

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Disclaimer

The text, images, and content on the website are provided "as is" without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The New York Botanical Garden assumes no responsibility, and shall not be liable for any damage to or viruses that may infect your computer equipment or other property on account of your use of the site or your downloading of any text, images, or content from the website.

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Links to Third Party Websites

Some New York Botanical Garden websites contain links to third party websites. The linked sites are not under the control of the New York Botanical Garden and the New York Botanical Garden is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked website by the New York Botanical Garden.

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