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.
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.
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).
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/, 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.
6) Impose fees or charges on Users for the use of the Service or for advanced functionalities relating to the Service, as described in Section 17(F) hereof, which use of the Service or advanced functionalities might include or be a product of the use of Your Data; and
7) Manage or use Your Data in additional respects, as may be expressly agreed to by CI and you.Your representations under Section 6(A)(1) include a representation that you have the right to authorize CI to use Your Data as described in clauses 6(B)(1)-(7) above. All of CI’s rights under this Section 6(B) include the survival of such rights after your User account is terminated by you or CI as described in Sections 15(C)(1)-(3) hereof.
C. Sensitive Data.
D. Embargoed Data.
1) Embargo of Data. If you are actively collecting Data as part of a Project, you may choose an embargo of the Recorded Data and Identification Metadata that you provide to the Service in such Project (“Embargoed Data”) for a period that you designate for the Project (the “Embargo Period”). During the Embargo Period, Embargoed Data will not be available to other Users on the Service except as described in this Section 6(D).
2) Embargo Period. The Embargo Period may not exceed 24 months. The Embargo Period is measured separately for each Deployment in a Project, beginning on the date the applicable Deployment is entered into the Service and ending on the date the designated Embargo Period for such Deployment has passed. Such end date is the same for all Embargoed Data in such Deployment, irrespective of when the Embargoed Data was entered into the Service. For each Deployment, you may request up to two extensions of the Embargo Period, each such extension for up to 12 months, by writing us and demonstrating good cause for the extension from our “Contact Us” page at https://wildlifeinsights.org/ or by email to firstname.lastname@example.org.
4) Additional Rules for Embargoed Data. CI may use Embargoed Data as described in Sections 6(B)(1) to 6(B)(7) hereof; provided, however, that (a) use under such sections will not expose such Embargoed Data; and (b) use under 6(B)(5) hereof (including any use by the WI Core Members as described in Section 6(B)(5)(d) hereof) will not, without your specific consent, include making a Derived Product available to peer review publications.
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.
8. Additional Rules Relating to Content
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
10. Protection of the Service and Content
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/ or by email to email@example.com. 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
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
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.
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.
16. Export/Import Control
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
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.
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.
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/ or by email in English to firstname.lastname@example.org.
© 2019 Conservation International, 2011 Crystal Drive, Suite 500, Arlington, Virginia 22202, USA, on behalf of Wildlife Insights and the WI Core Members