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
- “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.
- “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.
- “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.
- “Project”: A study that collects data and that has a certain objective and defined terms.
- “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:
- 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 otherwise objectionable 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.
- Change, modify, alter or tamper with the Service’s software, appearance or functionality.
- 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:
- “Recorded Data”: A data file of some known file type that consists of images, videos and acoustic or other recordings captured from in situ data sensors (e.g. camera traps).
- “Metadata”: A data file of some known file type that consists of images, videos and acoustic or other recordings captured from in situ data sensors (e.g. camera traps).
- A Project, including Project name, objectives, lead Organization, methodology and Project administrator contact information (“Project Metadata”);
- The Deployment and use of a sensor to capture Recorded Data, including location, methodology, sensor device and local environmental, socio-ecological or other conditions (“Deployment Metadata”);
- The animal species and other objects identified in Recorded Data (“Identification Metadata”); or
- Any other metadata that is associated with Recorded Data that does not include the entire binary or other file type that encompasses the Recorded Data.
- “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:
- Representations, Warranties and Standards.
- Accuracy and Completeness. You represent and warrant that, to the best of your knowledge, Your Data is true, accurate, unedited and complete, with no data subsets deleted, withheld or obfuscated, except for obfuscation (but not deletion or withholding) of any images of humans that CI would have the right to obfuscate under Section 6(C)(2) hereof.
- No Viruses, etc. You represent and warrant that, to the best of your knowledge, nothing in Your Data or its mode or medium of transmission contains any virus, time bomb, worm, lock, drop-dead device, Trojan horse, trap door, malware or other similar component of software or electronically stored information that is intended to (a) damage, destroy, alter or adversely affect the operation of the Service, or any other software, firmware, hardware or service in connection with which Your Data is used; or (b) reveal, damage or alter any other Content.
- Minimum Metadata. You must provide certain minimum Metadata with Your Data for purposes of accurate identification, Attribution and restrictions on use. The standards for such minimum Metadata are described at https://wildlifeinsights.org/standards.
- Grant of License.
- The Creative Commons Attribution-NonCommercial 4.0 International license (“CC BY-NC”), the full text of which is available at https://creativecommons.org/licenses/by-nc/4.0/legalcode;
- The Creative Commons Attribution 4.0 International license (“CC BY”), the full text of which is available at https://creativecommons.org/licenses/by/4.0/legalcode; or
- The Creative Commons CC0 1.0 Universal Public Domain Dedication (“CC0”), the full text of which is available at https://creativecommons.org/publicdomain/zero/1.0/legalcode.
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.
With respect to the Metadata in such Project (taken as a whole), you will be prompted to designate only either the CC BY or the CC0.
Irrespective of the specific Creative Commons license designated for Your Data, you grant CI a license, on a royalty-free, non-exclusive, worldwide, sub-licensable, perpetual basis, to:
- Place samples of Your Data on the Service in sections outside your Project, outside the Service in CI’s publicity materials for the Service and on CI’s social media accounts for the Service. All uses of Your Data described in this clause (1) will be with Attribution to you;
- Edit Your Data, for accuracy, completeness, quality issues or for any other reason, in CI’s discretion. CI may provide you with a first opportunity to edit Your Data for these reasons but we are not obligated to do so;
- Maintain non-public back-up copies of Your Data;
- Use Your Data, alone or with third-party sublicensees, to develop or improve computer vision (“CV”) models for the purpose of advancing technology related to conservation, including training relating to the use of such models. In the case of such uses with a third-party sublicensee, the sublicensee will be authorized to use Your Data only for such purpose;
- Use Your Data to:
- Develop Derived Products;
- Make such Derived Products publicly available on the Service;
- Use such Derived Products in other online or electronic forums, in in-person or webcasted conservation information presentations and in peer review and other publications; and
- Sub-license all of the rights described in clauses (a) to (c) above to the WI Core Members for their own separate uses as also described in such clauses (a) to (c).
All uses of Your Data described in this clause (5) will be with Attribution to you. The rights under clause (5)(d) include a license for the WI Core Members to use your and your Organization’s names and logos to provide such Attribution to you;
- 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
- Manage or use Your Data in additional respects, as may be expressly agreed to by CI and you.
For any Derived Product that CI or a WI Core Member uploads to the Service, CI or such WI Core Member will designate a license that is the most restrictive from among the licenses (CC BY-NC, CC BY or CC0) applicable to the underlying Data within the Derived Product; provided, however, that if the Derived Product includes information not already on the Service that is subject to a license more restrictive than the one(s) to which the underlying Service Data is subject, CI or such WI Core Member will describe such more restrictive license and designate the entire Derived Product as subject to it. 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.
- Sensitive Data.
- Public Availability. If CI believes that Your Data is or contains sensitive information as described below (“Sensitive Data”), CI may withhold such Data from general publication on the Service. CV-based image identification may be available on the Service to attempt to identify Sensitive Data, but it is your responsibility to confirm, correct or add to any such CV identification prior to publication of Your Data on the Service.
- Humans. Still, video and other images of humans within Recorded Data is considered Sensitive Data. CI will not knowingly make such images of humans within Recorded Data public on the Service. You may store, analyze and grant specific access to another User to such images of humans on non-public segments of the Service if the human faces therein are obfuscated. CI may attempt to obfuscate human faces in such images but it is not obligated to do so, and it is your responsibility to confirm, correct or add to the results of any such CI effort using the Service’s editing tools prior to the point at which any other User is granted access to the image on the Service. You may also have a right to have images of humans within your Recorded Data deleted from the Service under Section 9(B) hereof.
- At-Risk Species. Geographic location data in Recorded Data and Metadata relating to certain at-risk species is considered Sensitive Data. A list of such species, as designated by CI and updated from time to time, is found at https://wildlifeinsights.org/sensitive-species. For the protection of such species, CI will deploy tools in an effort to strip or obscure such location data in Recorded Data, and to obscure such location data in Metadata, prior to making the applicable Recorded Data or Metadata available for public view on the Service. If geographic location data relating to such species is found in any Recorded Data or Metadata, the geographic location data relating to such species may be stripped or obscured in this manner from all Recorded Data and Metadata in the same Deployment (including Recorded Data and Metadata in such Deployment that came from Users other than the one in which such geographic location data was found). You must provide the Service with all true geographic location data, however, prior to any such stripping or obscuring by CI. The Data, as so adjusted, will be made available publicly on the Service, but Recorded Data will be associated only with its Project and not with any geographic location data. You may also request additional at-risk species to have geographic location data stripped or obscured from Your Data on the Service in the foregoing manner, which request CI may grant or deny in our discretion.
- Additional Rules for Sensitive Data. CI may use Sensitive Data as described in Sections 6(B)(1) to 6(B)(7) hereof; provided, however, that use under such sections will not identifiably expose such Sensitive Data.
- Embargoed Data.
- Embargo of Data. If you are actively collecting Data as part of a Project, you may choose an embargo of such Project for a period that you designate (the “Embargo Period”). If you choose an embargo of a Project, the Recorded Data, Deployment Metadata and Identification Metadata in such Project (collectively “Embargoed Data”) will not be available to other Users on the Service except as described in this Section 6(D). You may not embargo Project Metadata, as any embargo you choose of a Project will not apply to the Project Metadata therein.
- 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/contact or by email to email@example.com.
- 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.
- 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
8. Additional Rules Relating to Content
- Submission of Your Other Content to the Service.
- Postings on Social Media Accounts.
9. Removal of Your Content
10. Protection of the Service and Content
- Prevention of Misuse.
CI respects the intellectual property of others, and we ask Users to do the same. If you believe in good faith that Content you own or to which you have an exclusive right has been copied and made accessible in a manner that violates your intellectual property rights, you may request a takedown of the Content in question by providing CI’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Wildlife Insights web site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
CI’s Copyright Agent for claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent General Counsel’s Office
Conservation International Foundation
2011 Crystal Drive, Suite 600
Arlington, VA 22202
By phone: (703) 341-2700
By email: firstname.lastname@example.org
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
- 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.
- 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.
- Procedures Upon Termination of Your Account.
- 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.
- Termination of the Service.
In the event that WI terminates the Service, CI will provide 90 days’ direct notice to you. All perpetual licenses granted by you prior to the date of termination shall survive such termination, including all sub-licensing rights thereunder.
- Procedures Upon Termination of Organization Account.
16. Export/Import Control
- Laws and Regulations.
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
- Governing Law and Dispute Resolution.
CI has the right, in our sole discretion, to accept or reject any application for registration on the Service as a User or Organization.
- Amendments and Updates.
- No Assignment.
- 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).
- Age Requirement.
The Service is intended for use by individuals age 13 or over. The Service may not be used, and no registration with the Service may be made, by anyone under age 13. By using the Service, you represent that you are at least 13 years old and, if you are under the age of majority where you live, your use is supervised by a parent or legal guardian.
- Links to and Interactions with Third-Party Web Sites or Services.
The Service may include links to, or may interact with, third-party web sites or services. Any such links or interactions are provided only as a convenience and do not imply endorsement of such sites or services. Please read the terms, conditions, privacy policies and license agreements of any such third-party web sites and services. CI is not responsible for the privacy, information or other practices of any third parties operating web sites or services to which the Service links or with which the Service interacts. If CI is itself the owner or operator of any such web site or service in its individual capacity (as opposed to in its capacity as a WI Core Member), then CI is responsible for such privacy, information and other practices solely in its individual capacity.
- Reservation of Rights.
- 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 “Contact Us” page at https://wildlifeinsights.org/contact or by email in English to email@example.com.
© 2019 Conservation International, 2011 Crystal Drive, Suite 500, Arlington, Virginia 22202, USA, on behalf of Wildlife Insights and the WI Core Members