African Carnivore Wildbook
TERMS OF USE
Updated: June 6, 2022
Welcome to the African Carnivore Wildbook (the “Platform” or “Site” or “ACW”). The Platform is managed by Tech 4Conservation Inc., a Canadian non-profit organization (“we” or “us”), primarily for use by accredited conservationists and researchers and members of the general public who sign up for a membership account (“Authorized Users”) accessed through a secure login. There are certain site pages that are available to the general public (“Other Users”) as well as to Authorized Users. “Authorized Users” and “Other Users” are collectively referred to as “User” or “you” in these Terms of Use. These Terms of Use (“Terms” or “Agreement”) apply to your use of the Platform.
Please read these Terms carefully prior to entering the Site. BY ACCESSING OR USING THIS PLATFORM, YOU REPRESENT THATYOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY.YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESETERMS, YOU MAY NOT USE THIS SITE.
Description of the African Carnivore Wildbook
The purpose of the ACW is to collect and provide researchers and conservationists of large African carnivore species, specifically wild dogs, cheetah, leopard, lion and spotted hyaena (collectively “these species”), with images and related metadata, indicating where and when the images were taken (collectively the “data”), on a software platform that facilitates identification, analysis, research and ultimately conservation of these species in the wild. The platform is also used to help raise funds to support conservation efforts for these and other at-risk species.
African Carnivore Wildbook is a suite of online informational services (the "Services") provided by us, consisting of:
Changes or Modifications
We may change, modify, add or remove portions of these Terms as well as Site functionality and the Services, at any time. Such revised Terms will be effective when posted on this Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. In the event we make a material change to these Terms, we may contact you via electronic mail or post a notice on the homepage to let you know of such changes. You understand and agree that your continued access to or use of this Site after the effective date of changes to these Terms indicates your acceptance of such revisions.
Authorized Users
Authorized users are those persons, and only those persons, who have created or been granted a user identifier (“ID”) and password. Authorized Users on the Spotter site are also called “members”. We reserve the right to refuse or reject any new membership account for any or no reason at our sole discretion.
Other Users
Other users are those persons, who, without having a user ID or password, choose to upload images to the Site. Such users, regardless if they provide a name or email address, are also bound by these Terms of Use.
Good Faith Data Collection, Reporting, Sharing, and Collaboration
As a user of the Platform, you have the right to submit images, data, and content to the Site. ACW is a community resource, and its content is used by a number of different individuals and organizations for a variety of purposes including but not limited to research and conservation. In all cases, you will submit User Content (defined below) including, but not limited to, African large carnivore species imagery and related information as completely and as accurately as possible, obtaining permission (if not yours) to use any copyrighted materials before submitting them to the ACW Platform. Your User Content will comply with the conditions of these Terms. In addition, you will not submit any content that uses language or imagery (verbal or visual) that is deemed as offensive by anyone for any reason. We reserve the right to edit your User Content to enforce this.
Ownership of Website Content
As between you and us, we own all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Site (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Site, including all site-generated content, but excluding User Content (defined below). We grant you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Site, subject to the following conditions:
• they must be used or reproduced accurately, without any modification;
• they must identify ACW as the source;
• they must be used solely for non-commercial purposes; and
• a copyright notice must appear on every copy in the following form:
• “© [year] African Carnivore Wildbook. All rights reserved”.
Our express, prior, written permission is required to use any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
The Site logos are our trademarks, and may not be used without our express written permission.
Downloading Materials
You may not publish, copy, automatically browse or download, display, distribute, post, transmit, perform, modify, create derivative works from or sell any materials that you did not personally submit, information, products or services obtained from the Services in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or otherwise, except as expressly permitted under applicable law or as described in these Terms. You also may not engage in systematic retrieval of data or other content or materials from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, other than with the express, written pre-approval by us. Nor may you "mirror" on your own site or any other server any material contained on the Services, including, without limitation, the Services’ home page or result pages without the express and written consent of ACW. Use of the Content and materials on the Services for any purpose not expressly permitted by these Terms is prohibited.
Third-Party Websites
The Platform may contain links to third party websites that are not owned or controlled by us. The links to the third-party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third-party websites by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites.
Account and Security
You are solely responsible for your Account, your contact information and other information made available through your Account or otherwise via this Site (your “Information”). You assume all risks associated with your Information and your User Content, including reliance on its quality, accuracy or reliability by any other person or entity. You must notify ACW immediately of any breach of security or unauthorized use of your user account. Although ACW will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of ACW or others due to such unauthorized use.
Termination
Your rights and privileges under this Agreement will terminate automatically and without need for written notice upon any breach by you of any term of this Agreement, in which event you shall immediately cease any access to, or use of, the African Carnivore Wildbook Site, database platform, and content (other than content contributed by you). ACW may also terminate this Agreement for any or no reason. Notwithstanding the foregoing, ACW′s rights and privileges under these Terms of Use will under all circumstances survive any termination of this Agreement.
Disclaimer
YOUR USE OF THE SITE, SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SITE, SERVICES AND CONTENT ISPROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDINGANY IMPLIED WARRANTIES OF MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ACW DOES NOT WARRANTTHAT THE SITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, ORTHAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THEABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THECONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES ORIMPROVEMENTS TO THE CONTENT OR THE SITE AT ANY TIME. WE MAKE NO WARRANTIES THAT YOUR USE OF THECONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FORERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
WE, INCLUDING OUR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION,LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGESRESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTIONOR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICHMAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLEVIA THE SITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, ANDEVEN IF ACW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALLAPPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE, AND OUR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BELIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THERISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnification
You agree to defend, indemnify and hold harmless, us, our employees, agents, officers and directors, from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs, attorneys fees, and other expenses arising from or related to (1) your use of and access to the Site, Services and Content; (2) your violation of any third party right, including without limitation, any copyright, property or privacy right; or (3) any claim that you did not have the right to provide any User Content or that your User Content caused damage to a third party. Your indemnification obligation will service these Terms and your use of the Site or Services. In the event of any such claim, we will provide you with written notice thereof.
User Content
You may be able to post or upload (in designated areas of the Site) written content, images, or other content (collectively "User Content") to the Site. You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Site, you automatically grant us a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, create derivative works of, translate into different languages or formats, publish and republish such User Content for the purpose of supporting research and conservation of these species, sharing the User Content with other Users, including but not limited to researchers and conservationists, and to promote the Site and to fundraise. You represent and warrant that you own or have the rights to use and grant us the license to use the User Content in the manner contemplated by the Site and these Terms. This agreement does not transfer any other rights or ownership interests in the User Content.
You further agree that authorized users of the site may elect to share content on social media, that you have chosen to make publicly available on ACW, in order to highlight, promote and communicate about the Site, its purpose and the content (both User content and website content).
If you choose to share photos on the site, you agree and accept that the site will temporarily take a copy of the image prior to you clicking the “submit” option, in order to extract the associated metadata (date, time and GPS location of the information) for display back to you for the purpose of confirming its accuracy and completeness. Neither the images nor the associated metadata will be retained in the system unless and until you click on the “submit” button at the conclusion of the photo upload process.
We do not have, and do not undertake, any obligation to pre-screen, monitor, edit, or remove any User Content posted on or through the Site or Services. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to pre-screen, monitor, edit, remove, or move User Content posted on or through the Site or Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content and any revisions thereof that may occur from time to time.
Code of Conduct for Using Site and Services
a. You may not use the Site or Services for any illegal or unauthorized purpose. You agree to comply with all laws that apply to your use of the Site.
b. You may not use the Site or Services in any manner which could disable, overburden, damage, or impair the Site, our servers or computer network, or interfere with any other party's use and enjoyment of the Site.
c. You agree that you are responsible for your own conduct and communications while using the Site and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Site and Services, you will not:
d. While we prohibit the foregoing conduct and User Content in connection with the Site and Services, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Site at your own risk.
Privacy
By accessing and/or using the Site, you may provide us with personal information as described in our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information.
Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of British Columbia, Canada. The Site is operated from the Province of British Columbia, Canada.
Assignment
You may not assign any rights you receive or delegate any obligations you have under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof, and these Terms supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Severability
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
Questions
If you have any questions, please email us at: info@africancarnivorewildbook.org