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Version 2.1, 
Last Updated: June 19, 2025

Terms of Use for Christmas Bird Count® Data Assets, including Data & Derived Products

Christmas Bird Count (CBC) is a Լ����Ƶ owned and operated community science and research program (“Լ����Ƶ,” “we,” “us,” and “our”) delivered in partnership with Birds Canada, local and regional collaborators, and program volunteers. CBC data and derived products (hereafter “CBC data assets”) are housed on Լ����Ƶ or Birds Canada-owned servers and are accessible only through the Լ����Ƶ web portal or those of Լ����Ƶ’s CBC partners, including the Birds Canada NatureCounts platform. Derived products are materials created from CBC raw data, including, but not limited to, population trends and trend analyses, annual count results and reports, Լ����Ƶ science publications or reports, data visualizations and graphs, still, video, and graphic images, and statistical analyses and models. These Terms of Use (“Terms”) are entered between you (“you,” or “User”) and Լ����Ƶ and govern your access to and use of CBC data assets. Please read these Terms carefully. By accessing, viewing and/or using CBC data assets, you agree and acknowledge on your own behalf that you have read the Terms and to be bound by these Terms, our and Website Terms of Use (if CBC data assets are accessed by the Լ����Ƶ web portal), and all applicable laws including, without limitation, all federal, state/provincial and local laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the CBC data assets. 

To maintain data integrity, Լ����Ƶ strategically and routinely reviews CBC data assets in the Լ����Ƶ-controlled CBC database for errors and plans corrections in coordination with program Compilers, Regional Editors, and our partners. These corrections are periodically shared with CBC partners, such as Birds Canada’s NatureCounts platform. Users are responsible for confirming that the data accessed from partners is up to date with the official record of the CBC managed by Լ����Ƶ to ensure the dataset is reliable.

CBC data assets are provided 'as-is.' While the Լ����Ƶ and its partners make reasonable efforts to ensure the accuracy and reliability of these assets, we make no warranties, express or implied, regarding:

• The accuracy, reliability, or completeness of the data assets, including changes in the taxonomy and classification of species;
• The fitness of the data assets for any particular purpose;
• The absence of errors or interruptions in data asset access; or
• The results obtained from use of the data assets.

Users acknowledge that they use the data assets at their own risk, and the Լ����Ƶ and its partners shall not be liable for any decisions, actions, or conclusions made based on the CBC data assets obtained. By using any CBC data asset, you are confirming you have reviewed the associated Լ����Ƶ or NatureCounts CBC project metadata, whichever is applicable.

Intellectual Property Notices

Լ����Ƶ owns the intellectual property rights associated with the Christmas Bird Count and CBC data assets, including the trademarks NATIONAL AUDUBON SOCIETY, AUDUBON and CHRISTMAS BIRD COUNT (“Լ����Ƶ Marks”). You understand and agree that without a written license from Լ����Ƶ, you may not make any use of the Լ����Ƶ Marks. Nothing contained on the Լ����Ƶ websites located at: or or our Birds Canada partner at: or (collectively the “Websites”) or in the CBC data assets should be construed as granting or conveying, by implication, or otherwise, any license or right to use any Լ����Ƶ Marks. 

You should assume that everything within CBC data assets (including the Լ����Ƶ online raw data portal and the trends viewer as well as the Birds Canada NatureCounts is copyrighted unless otherwise noted. We neither warrant nor represent that your use of materials displayed in the CBC data assets will not infringe the rights of third parties. Content, images, photographs, data, or illustrations used in CBC data assets are either property of, or used with permission by, Լ����Ƶ or Birds Canada. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere in CBC data assets. Any unauthorized use of any CBC data asset may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Questions regarding the use of any intellectual property within CBC data assets accessed through or g should be directed to cbcadmin@audubon.org.

Accessing CBC Data Assets 

CBC data assets are available in several forms. Raw data is available to the general public via an online raw data portal. If you are unable to obtain your desired dataset through the raw data portal, you can complete a . To view and download population trends derived from CBC data, visit the Լ����Ƶ Christmas Bird Count Trend Viewer.  Canadian raw data and population trend data is available through the .

Persons wishing to download or use any CBC data asset must agree and adhere to the following:  

Data Asset Use

• CBC data assets may be provided for analytical use by researchers, academics, and government agencies for:
  • Academic research and publications
  • Non-profit conservation work
  • Public education and outreach
  • Government agency assessments and reports
  • Student projects and thesis work
• CBC data assets may not be used for commercial purposes without specific written permission (cbcadmin@audubon.org). Commercial purposes include, but are not limited to:
  • Sale or resale of CBC data assets
  • Incorporation into commercial products or applications
  • Use in for-profit publications or reports
  • Marketing or promotional materials for commercial entities
  • Development of commercial software or tools
• Paid consulting services or environmental assessments may use CBC data assets when the primary purpose is conservation-oriented, such as:
  • Environmental impact assessments for habitat conservation
  • Wildlife conservation planning
  • Species protection initiatives
  • Ecological restoration projects
  • Biodiversity management plans

Prohibited Data Asset Use

• CBC data assets may not be used for any other prohibited use, such as:
  • Use in any manner that could damage, disable, overburden, or impair related Websites or data assets or interfere with any other party’s use and enjoyment of them
  • Attempting to gain unauthorized access to any computer systems or networks associated with Լ����Ƶ or Birds Canada, or the CBC data assets
  • Reverse engineering, disassembling, decompiling, decoding, or otherwise attempting to derive or gain access to the source code of CBC data assets, or any part thereof
  • Obtaining or attempting to obtain any materials or information through the CBC data assets by any means not intentionally made available or provided by Լ����Ƶ
  • Using any robot, spider, or other automatic device, process or means to access the online raw data portals or any CBC data asset for any purpose, including monitoring or copying any CBC data asset
  • Introducing any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
  • Impersonating or attempting to impersonate Լ����Ƶ or Birds Canada, their employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Data Asset Sharing

• CBC data is provided to you on a one-time basis only, unless otherwise provided by written permission (cbcadmin@audubon.org). Your use of CBC data is personal to you and may not be shared with any third party, unless required by publication outlets with open data policies.
• •Sharing of annual CBC count results and/or reports by CBC circle leaders or partners in narrative, graphical, or tabular form (printed or online) is permitted and does not need explicit permission from Լ����Ƶ.
• Persons wishing to share CBC data assets on a permanent computerized databank (including on any mobile device or mobile or desktop application) or in any format that permits querying, must obtain written permission (cbcadmin@audubon.org). 

Data Asset Products and Publications

• Լ����Ƶ, Birds Canada, and the volunteers who collected the CBC data must be credited in all published (print and online) material containing CBC data assets, including scientific papers, articles, adverts, talks and slides with the following: “CBC data assets are provided by the Լ����Ƶ and through the generous efforts of Birds Canada and countless volunteers across the Western Hemisphere.”  
• Where possible, you should provide a link to the Լ����Ƶ and CBC Websites (, ) and, when using CBC data collected in Canada, Birds Canada (). Literature that cites CBC data should use one of the following citation formats to reference CBC data assets: 
  • For raw data, depending on where obtained: 
    • Լ����Ƶ. 2025. “Christmas Bird Count Results”. Available . (Accessed: Date [e.g., March 4, 2025])  
    • Լ����Ƶ and Birds Canada. 2025. "Christmas Bird Count". Data accessed from NatureCounts, Birds Canada.
  • For trends: Meehan, T.D., LeBaron, G.S., Dale, K., Krump, A., Michel, N.L., Wilsey, C.B. 2022. Trends in relative abundance for birds wintering in the continental USA and Canada: Լ����Ƶ Christmas Bird Counts, 1966-2021, version 4.0. Լ����Ƶ, New York, New York, USA.
• If you plan to use CBC data assets in research, peer-reviewed publications, or public reports, you should notify Լ����Ƶ of your intentions using the .
• Լ����Ƶ partners (staff and affiliates) must be included as co-authors in any published work that uses CBC data assets when these individuals have made substantial contributions to the work. In these cases, Լ����Ƶ partners must be given the opportunity to review and approve the final product before submission or publication. Substantial contributions include, but are not limited to, the following roles:
  • Conceptualization 
  • Formal analysis
  • Methodology
  • Software
  • Validation
  • Visualization
  • Writing (Original Draft Preparation & Review and Editing)

Data Security

• CBC data assets containing personally identifiable information (PII) may not be shared, published, distributed, used, or made public in any form or through any medium. This restriction applies to all users of CBC data assets, regardless of intended use or permission status. Aggregated participant statistics (such as total number of observers) may be shared without identifying individuals.

Disclaimer and Liability Limitation

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY AUDUBON TO YOU VIA THE CBC DATA ASSETS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. AUDUBON AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AUDUBON AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE CBC DATA ASSETS OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE ONLINE RAW DATA PORTAL. YOUR SOLE REMEDY AGAINST AUDUBON ASSOCIATED WITH YOUR USE OF THE CBC DATA ASSETS OR THE CONTENT IS TO CEASE YOUR USE OF THE CBC DATA ASSETS AND/OR THEIR CONTENTS. 

NEITHER AUDUBON NOR ANY OF ITS THIRD-PARTY LICENSORS WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR LOSS OF INFORMATION OR PROGRAMS.

AUDUBON’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO AUDUBON FOR THE CBC DATA ASSETS IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR IF NO PAYMENT IS MADE BY YOU TO AUDUBON, TEN DOLLARS ($10.00). 

Indemnity

You agree to defend, indemnify and hold harmless Լ����Ƶ and its affiliates, directors, officers, employees, and/or agents (collectively, “Լ����Ƶ Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of the Լ����Ƶ Indemnitees arising out of or relating to your violation of these Terms or your violation of any applicable laws, rules or regulations in connection with the Websites and online raw data portal.

Termination and Restriction of Access 

In its sole discretion, Լ����Ƶ may terminate or suspend your access to the online raw data portal or the CBC data assets for breach of these Terms or for any reason whatsoever, with or without notice. Լ����Ƶ shall not be liable for any losses or damages arising from any such termination of service. 

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or CBC data assets must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction

These Terms are governed by the laws of the State of New York, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the CBC data assets. The parties have required that this agreement and all documents related to this agreement be drawn up in English.  As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects.  PURSUANT TO ARTICLE 6 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“UN CONVENTION”), THE PARTIES AGREE THAT THE UN CONVENTION WILL NOT APPLY TO THIS AGREEMENT.

Changes to These Terms 

Լ����Ƶ may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Լ����Ƶ. The effective date of any Terms will be reflected in the “Last Updated” entry at the top of these Terms. Your continued use of the CBC data assets after any such change is communicated shall constitute your consent to such change(s).

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Լ����Ƶ or Birds Canada as a result of these Terms or use of the CBC data assets.  You may not assign these Terms without the prior written consent of Լ����Ƶ in all instances.  Լ����Ƶ may assign these Terms, in whole or in part, at any time. Լ����Ƶ’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Լ����Ƶ’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the CBC data assets or information provided to or gathered by Լ����Ƶ with respect to such use.

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. 

These Terms, including the Privacy Policy and Website Terms of Use and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Լ����Ƶ with respect to the CBC data assets, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Լ����Ƶ. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Լ����Ƶ Contact Information

Questions can be directed to Լ����Ƶ at: cbcadmin@audubon.org by mail at: 
       Լ����Ƶ, Inc.
       225 Varick Street
       7th Floor
       New York, New York 10014, USA

Birds Canada Contact Information

Questions about Canadian CBC data accessed through NatureCounts can be directed to Birds Canada at: naturecounts@birdscanada.org