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TERMS OF USE FOR WILDLIFE INSIGHTS SERVICE (BETA VERSION)

 


The Wildlife Insights web site and platform (collectively, the “Service”) are currently in a beta testing period. The Terms of Use below apply to the Service during this beta period. After the beta period, when the Service will have general public availability, a revised version of the Terms of Use will apply. That revised version will be published on the Service, and an email containing a link to it will be sent to each registered beta Service user prior to its date of effectiveness. Each registered beta Service user will be able to elect whether to (1) continue as a registered Service user under the revised Terms of Use or (2) terminate its Service registration and have all of the Data (as defined in the Terms of Use) provided to the Service by such user during the beta period deleted from the Service, except where applicable law requires retention or use of such Data. Any Data so retained or used would be retained or used only as necessary to comply with applicable law and not for general use by or on the Service. Notwithstanding Section 17(D) of the Terms of Use below, no amendment to the Terms of Use will have effect against a registered Service user, with respect to the beta testing period, unless such user has specifically agreed to such amendment.



These Terms of Use set forth the terms and conditions under which you or the entity or organization you represent (collectively, “you” or “your”) may use the Wildlife Insights web site and platform (collectively, the “Service”) located at https://wildlifeinsights.org. Wildlife Insights (“WI”) is a network of institutions and individuals who support the mission of the Service. WI is led by its core members, who are listed at https://wildlifeinsights.org/about (the “WI Core Members”), and also consists of associate members who support WI’s goals and participate in its committees or provide services to it (“WI Associate Members”). WI Core Members and WI Associate Members are referred to collectively in these Terms of Use as “WI Members”. The Service is operated by ConservationInternational Foundation (“CI”, “we” or “our”), a WI Core Member, on behalf of all the WI Core Members. The Service and all data, information and other content on or submitted to the Service (collectively, “Content”), including all copyrights, trademarks, patents and other proprietary rights associated therewith, is owned by CI on behalf of the WI Core Members, except for any (i) ownership of Service components by WI Core Members and (ii) ownership by users of the Service, as set forth in these Terms of Use, of Content submitted to the Service by such users (“User Content”). By registering on the Service, using the Service, accessing the Service or submitting Content to the Service or to CI in connection with the Service, you agree to be bound by these Terms of Use.

 

 

1. Mission of the Service

 

The mission of the Service is to provide a platform where global wildlife data can be aggregated, managed, analyzed and shared to enable evidence-based conservation, provide data management and generate indicators, insights and visualizations to implement conservation action. The Service provides data management solutions, analytics, data visualization interfaces, report generation tools, and application programming interfaces (APIs) to exchange data with other online data repositories within the foregoing mission. Additional information about WI and the Service can be found at https://wildlifeinsights.org/about.

 

 

2. Service Terminology

 

A. “User”: A registered user of the Service. To be a User, you must register by creating a password-protected account on the Service or using an authentication provider recognized by the Service. You are responsible for the security of your login and password, for all profiles created by you on the Service and for any other activity engaged in by you on the Service. You will promptly notify CI if you become aware of any actual or probable unauthorized use of or access to the Service. WI Members and their employees are eligible to be Users.

B. “Organization”: A private, institutional, governmental or other entity or organization that is registered on the Service and with which a User is affiliated. Each User must be affiliated with at least one Organization. Each Organization must designate at least one individual User as its administrator (“Organization Administrator”), who manages Users and Projects (as defined below) within that Organization. If you are not affiliated with an Organization, you may establish and affiliate with a one-person Organization for the purpose of managing your Projects on the Service. WI Members are eligible to be Organizations.

C. “Initiative”: A group of Organizations sharing User Content on the Service in furtherance of a common objective. WI and the WI Core Members (including CI) will not be parties to any agreement between Organizations to form or govern an Initiative unless WI or the WI Core Member, as applicable, executes a written instrument making it a party thereto; without such execution, you will not purport to create any obligations of WI or the WI Core Members in any such agreements.

D. “Project”: A scientific study that collects data and that has a certain objective and defined terms.

E. “Deployment”: A unique placement of a data sensor in space and time, done as part of a Project.

 

 

3. Restrictions on Your Use of the Service

 

You will not:

A. Post or transmit any Content on or to the Service that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwiseobjectionable material of any kind, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets or any other intellectual property rights, or rights in any confidential information.

B. Post or transmit any Content on or to the Service that is detrimental to, inconsistent with or outside the scope of mission of the Service as described in these Terms of Use.

C. Post or transmit any Content on, to or from the Service, or use the Service, with the intent to threaten the safety of others or with the effect of causing a reasonable person to perceive a threat to his or her safety.

D. Change, modify, alter or tamper with the Service’s software, appearance or functionality.

E. Interfere with others’ use of the Service or disrupt the normal flow or use of the Service, including but not limited to, by posting or transmitting any virus, infection, contamination or destructive file which causes the Service to become inaccessible, inoperable, contaminated or damaged.

 

 

4. Privacy Policy

 

All User Content will be used by CI only as described in these Terms of Use, and as further described in the Wildlife Insights Privacy Policy located at https://wildlifeinsights.org/privacy-policy;(the “Privacy Policy”). Your use of the Service constitutes your acceptance of and agreement to the Privacy Policy.

 

 

5. Categories of Content

 

The Service accepts or makes available the following categories of Content:

A. “Recorded Data”: Digital images, videos and acoustic or other recordings captured from in situ data sensors (e.g. camera traps).

B. “Metadata”: Descriptive information relating to (1) a Project, including objectives; (2) the Deployment and use of a sensor to capture Recorded Data, including location, methodology, sensor device and local environmental, socio-ecological or other conditions; or (3) the animal species and other objects identified in Recorded Data. Metadata may be in the same electronic file as the item or matter to which it relates, or in a separate file. The Metadata described in clause (3) is referred to in these Terms of Use as “Identification Metadata”.

C. “Derived Products”: Aggregations of data, summary statistics and other information products such as charts, graphs and maps derived through the use of Data available on the Service and compiled by CI or a User. If a Derived Product includes information not already on the Service, you may not submit such Derived Product to the Service unless you have permission to do so from the owner(s) of such information, including permission for the Service to use such information as described in these Terms of Use.

D. “Other Content”: All other forms of Content. Examples include User communications submitted to any discussion forums on the Service, User email addresses submitted to the Service or to CI in connection with the Service during account registration and not published on the Service and Content posted on the Service by CI that does not fall within clauses (A)-(C) above.Recorded Data, Metadata and Derived Products are referred to collectively as “Data”. Data that you submit or make available to the Service is referred to as “Your Data”. Other Content that you submit or make available to the Service is referred to as “Your Other Content”. Your Data and Your Other Content are referred to collectively as “Your Content”.

 

 

6. Submission of Data to the Service by You

 

You may submit, make available, manage, use and share Your Data on the Service. CI will use Your Data only as necessary or appropriate for the operation of the Service as described herein. Where this Section 6 requires attribution of Your Data to you (“Attribution”), such Attribution will be as described at https://wildlifeinsights.org/faq, and you hereby grant CI a license to use your and your Organization’s names and logos to provide such Attribution in such use and in any publicity materials relating thereto. With respect to Your Data as submitted to the Service, you agree as follows:

 

A. Representations, Warranties and Standards.

 

B. Grant of License.

Except as otherwise expressly provided in these Terms of Use, you grant CI and all other Users a royalty-free, non-exclusive, worldwide, perpetual right, but not the obligation, to reproduce, publish, distribute, process or otherwise use Your Data (including, without limitation, to aggregate it with other Content or information to create Derived Products and other new products, to copy it, to cache it and to incorporate it into other works in any form, media or technology now known or later developed), in accordance with one of the following licenses:

 

For each Project that you submit to the Service or to CI in connection with the Service, you will be prompted to separately designate one of the foregoing licenses with respect to the Recorded Data, the Metadata and the Derived Products in such Project. Each designation you make must comply with the ownership rules of Section 6(A)(1) hereof. For any Derived Product you submit, the license you designate, from the options above, must be at least as restrictive as the most restrictive license applicable to any licensed component within such Derived Product. Irrespective of the specific Creative Commons license designated for Your Data, you grant CI the right to:

 

C. Sensitive Data.

 

 

D. Embargoed Data.

 

E. Separate Agreements.

You may enter into separate agreements with other Users or with third parties regarding the use of Your Data, but WI and the WI Core Members (including CI) will not be parties to any such agreement unless WI or the WI Core Member, as applicable, executes a written instrument making it a party thereto; without such execution, you will not purport to create any obligations of WI or the WI Core Members in any such agreements.

 

 

7. Use of Other Users’ Data by You

You agree to use the Data of other Users only in accordance with the license, as indicated on the Service, that was designated for the applicable Data by the User who submitted the Data to the Service as described in Section 6 hereof, and otherwise in accordance with these Terms of Use. Data that utilizes underlying information from non-Users may carry additional restrictions as indicated on the Service, and you agree to comply with all such additional restrictions.

 

 

8. Additional Rules Relating to Content

 

A. Submission of Your Other Content to the Service. For all Other Content you submit or make available to the Service or to CI in connection with the Service, (1) you make the same representations and warranties as are described for Data submitted to the Service in Sections 6(A)(1)-(3) hereof; and (2) you grant CI a royalty-free, non-exclusive, worldwide, perpetual, sublicenseable right, but not the obligation, to reproduce, publish, distribute, process and otherwise use such Other Content in any manner permitted under the Privacy Policy and applicable law and not expressly prohibited by these Terms of Use.

 

B. Use by You of Other Content of Other Users. You may use Other Content of other Users in any manner permitted under applicable law and not expressly prohibited by these Terms of Use.

 

C. Postings on Social Media Accounts. If any of Your Content is posted on CI’s social media accounts for the Service as permitted under these Terms of Use, the use thereon will be governed by the terms, conditions and privacy policies of the respective social media platforms.

 

D. Postings by You Outside the Service. You are responsible for any Content, data or other information that you post outside the Service.

 

 

9. Removal of Your Content

 

Once you submit Your Content to the Service, you may not remove it, notwithstanding any continuing ownership you may have in it, except if (A) CI approves such removal, in our discretion, upon your request from our “Contact Us” page at https://wildlifeinsights.org/contact or made by email to [email protected]; (B) such Content is an image of a human within your Recorded Data and you give CI an instruction, in a similar manner, to delete such image from the Service; (C) the Service provides a brief time window for removal of inadvertent submissions; or (D) you have a right to have such Content removed under the Privacy Policy or applicable law. CI may remove Your Content from the Service, or obscure it from public view thereon, with or without a request from you, at any time in our discretion.

 

 

10. Protection of the Service and Content

 

A. Prevention of Misuse. CI may take appropriate action, in our discretion, to(1) prevent misuse of the Service; (2) terminate the dissemination of Content that may be abusive, destructive, harmful or threatening to the safety or rights of CI, the WI Members, other Users or third parties; (3) comply with applicable law; or (4) assure compliance with these Terms of Use.

 

B. Takedowns. If you are a copyright owner and believe that Content from another User infringes your copyrights, you may request a takedown of such Content from our “Contact Us” page at https://wildlifeinsights.org/contact or by email to [email protected]. If in response to your takedown request, CI determines that the Content infringes your copyright, CI will remove such Content from the Service.

 

 

11. Use of Third Parties by CI

 

CI may perform certain operations of the Service through third-party providers, including WI Members serving in that capacity. CI may also delegate some Service operations to other WI Members. In all of these cases, however, the third-party provider or other WI Member will use and have access to Your Data only as necessary or appropriate to perform its specific function within the parameters of these Terms of Use and the Privacy Policy.

 

 

12. Disclaimers and Limitations

 

THE SERVICE IS PROVIDED BY CI "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CI AND THE OTHER WI MEMBERS WILL HAVE NO LIABILITY RELATED TO THE SERVICE OR THE CONTENT UNDER INTELLECTUAL PROPERTY, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. CI DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF THE SERVICE OR OF ANY CONTENT. CI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CI MAKES NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR WILL BE AVAILABLE FOR USE AT ALL TIMES OR LOCATIONS. ACCESS TO THE SERVICE FROM TERRITORIES WHERE ITS USE IS ILLEGAL IS PROHIBITED.

 

 

13. Limitation of Liability

 

IN NO EVENT SHALL CI, ANY OTHER WI MEMBER OR ANY DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS OF ANY THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, CONTENT, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF CI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH (A) THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE; (B) THE STATEMENTS OR ACTIONS OF ANY USER OR THIRD PARTY ON OR VIA THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF CONTENT; (D) ANY CONTENT OR OTHER INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED; (E) ANY FAILURE TO STORE OR LOSS OF DATA OR CONTENT; AND (F) ANY SERVICES THAT ARE TERMINATED, DELAYED OR INTERRUPTED. NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS SECTION 13 SHALL BE INAPPLICABLE TO ANY GOVERNMENTAL USER WHERE APPLICABILITY OF SUCH PROVISION TO SUCH USER IS PROHIBITED BY LAW OR REGULATION, EXCLUDING CONFLICT OF LAW PRINCIPLES, OF THE UNITED STATES OR ANY STATE THEREOF.

 

 

14. Release and Indemnification

 

You hereby release CI, the other WI Members and the directors, trustees, officers, employees, independent contractors and agents of all thereof (collectively, “Indemnitees”) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your access to or use of the Service. To the fullest extent permitted by law, you agree to indemnify, defend and hold the Indemnitees harmless from any and all third-party claims, including reasonable attorneys' fees, due to or arising from (A) your access to or use of the Service; (B) your violation of these Terms of Use; (C) Your Content, including another User’s or any third party’s use of Your Content and any reliance such other User or third party may make on the lawfulness, accuracy, completeness or usefulness of Your Content; (D) Content that you access or use on or via the Service, including any reliance you may make on the lawfulness, accuracy, completeness or usefulness thereof; or (E) your infringement or violation of any other User’s or any third party’s copyright, trademark, other proprietary right, privacy right or publicity right, and any libel or violation of applicable law by you in connection with the Service or these Terms of Use. Notwithstanding the foregoing, the provisions of this Section 14 shall be inapplicable to any governmental User where applicability of such provision to such User is prohibited by law or regulation, excluding conflict of law principles, of the United States or any State thereof.

 

 

15. Termination

 

A. Termination by CI. CI may, in its discretion, at any time, terminate, discontinue, suspend or modify, temporarily or permanently, the Service, your Service account or your access to or use of the Service or its Content or services, in whole or in part, with or without notice, with or without cause, without liability to CI.

 

B. Termination by You. You may terminate your Service account or your access to or use of the Service or its Content or services at any time by following the termination process set out in the Service.

 

C. Procedures Upon Termination of Your Account.

1) Reassignment of Control of Your Data. For each Organization with which you are affiliated on the Service, (a) if you are not the Organization Administrator, control of Your Data under these Terms of Use will be reassigned to the Organization Administrator; or (b) if you are the Organization Administrator, you will be prompted during the termination process to appoint a new Organization Administrator who will be assigned control of Your Data under these Terms of Use, but if you fail to make such appointment within the time allotted by CI, CI may appoint any other User affiliated with your Organization on the Service, in our discretion. If you are the sole User affiliated with the Organization, control of Your Data under these Terms of Use will automatically be reassigned to CI.

2) Removal of Your Data. You will be prompted to download a copy of Your Data. However, you may not remove Your Data from the Service except as described in Section 9 hereof.

3) Continued Access to Your Data. Your Data will remain on the Service after termination of your account, until removed by CI or otherwise as described in these Terms of Use. Your Data that is public on the Service at the time your account is terminated will continue to be accessible to CI and other Users. Your Data that is not public on the Service at the time your account is terminated will continue to be accessible as described in Sections 6(C)(5), 6(D)(4) and elsewhere in these Terms of Use.

4) Your Other Content. Your Other Content may continue to be used by CI as described in these Terms of Use and in the Privacy Policy, notwithstanding the termination of your Service account.D. Procedures Upon Termination of Organization Account. If an Organization with which you are affiliated on the Service terminates its account, control of Your Data under these Terms of Use will automatically be reassigned to CI. Subject to the foregoing, for Projects in which such Organization was part of an Initiative, the remaining Organizations in such Initiative will retain their roles as members of such Initiative.

 

 

16. Export/Import Control

 

A. Laws and Regulations. The Service may be subject to export, re-export and import control laws and regulations, including but not limited to the Export Administration Regulations maintained by the United States Department of Commerce, the trade and economic sanctions maintained by the United States Treasury Department’s Office of Foreign Assets Control and the International Traffic in Arms Regulations maintained by the U.S. Department of State. Without limitation to any geographical restrictions on the use of the Service as set forth in these Terms of Use, you warrant that you are not (1) located, and will not use the Service, in Cuba, Iran, North Korea, Sudan, Syria or any other location for which such use is prohibited by applicable export control laws or (2) a “denied party” as specified in the regulations listed above.

B. Compliance. You agree to comply with all applicable export, re-export and import control laws and regulations. Specifically, you agree that you will not directly or indirectly sell, export, re-export, transfer, divert, import or otherwise dispose of any products, software or technology (including products derived from or based on such technology) received from or through CI or the Service to any destination, entity or person prohibited by the laws or regulations of the United States or any other applicable jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. These export/import control provisions shall survive termination of your Service account or your use of the Service.

 

 

17. Other Terms

 

A. Governing Law and Dispute Resolution. The laws of the District of Columbia, excluding its conflict of law provisions, govern any dispute concerning CI, the Service, any Content (including but not limited to Your Content), the Privacy Policy or these Terms of Use. You hereby submit to the exclusive personal jurisdiction and venue of the courts in and for the District of Columbia. Notwithstanding the foregoing, (1) CI may seek equitable or injunctive relief in any jurisdiction in the world; and (2) the provisions of this Section 17(A) shall be inapplicable to any governmental entity where applicability of such provision is prohibited by law or regulations, excluding conflict of law principles, of the United States or any State thereof.

B. Survival. The provisions of these Terms of Use which by their nature should survive termination will survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnities and limitations of liability.

C. Registrations. CI has the right, in our sole discretion, to accept or reject any application for registration on the Service as a User or Organization.

D. Amendments and Updates. CI may amend or update all or any portion of these Terms of Use at any time. Please check the Service periodically for possible amendments or updates. If we make material revisions, we will post an announcement on the Service or inform you in an email. The current version of the Terms of Use, with the date of last revision, can be found at https://wildlifeinsights.org/terms-of-use. Your continued use of the Service following such notice will be deemed your acceptance of the revision.

E. No Assignment. You may not assign or delegate any rights or obligations under these Terms of Use without CI’s prior written consent, and any unauthorized assignment or delegation by you shall be null and void.

F. Fees and Charges. CI will not impose a fee on you for your use of the Service or any advanced functionalities relating thereto unless you specifically agree to such a fee in (1) your Service registration process; (2) communications with CI through the Service; or (3) a separate written agreement with CI. However, by using the Service, you may incur communications network or data charges from third parties (e.g. internet service provider or mobile carrier data charges).

G. Age Requirement. The Service is intended for use by individuals age 18 or over (or, if higher, the age of majority in the jurisdiction of your use of the Service). The Service may not be used, and no registration with the Service may be made, by anyone under the foregoing applicable age.

H. Links to Third-Party Web Sites. The Service may include links to third- party web sites. Any such links are provided only as a convenience and do not imply CI’s endorsement of such sites. Please read the terms, conditions and privacy policies of such third-party web sites. CI is not responsible forthe privacy, information or other practices of any third parties operating web sites to which the Service links.

I. Reservation of Rights. All rights not expressly granted to you by these Terms of Use are reserved by CI.

J. Notices and Other Communications. You consent to receive notices and other communications from CI, and from other Users, via notification on the Service or via the email address you have submitted to the Service; it is your responsibility to keep this email address current. Notices and other communications from you to CI must be sent in English from our “ContactUs” page at https://wildlifeinsights.org/contact or by email in English to [email protected].

 

© 2019 Conservation International, 2011 Crystal Drive, Suite 500, Arlington, Virginia 22202, USA, on behalf of Wildlife Insights and the WI Core Members

 

Date of last revision of these Terms of Use: July 10, 2019