1. MISSION OF THE SERVICE
WI’s network of institutions and individuals share an interest in long-term preservation of digital images or other recordings from in situ sensors of animals and their associated metadata representing the diversity of non-human life on Earth.
The core purpose and mission of WI is to provide an open access 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.
WI enables the aggregation of wildlife data, promotes standardized protocols and best practices, uses and develops innovative technology, provides data management and indicators, and generates insights and visualizations for conservation action on an accessible data platform. The ultimate goal of WI is to develop large-scale analyses to monitor the health of wildlife populations at local to global scales.
WI recognizes the power of camera trap sampling, and other in situ sensors, to collect data on the distribution and abundance of a broad range of terrestrial and semi-terrestrial birds and mammals, often beyond the goals and objectives of a single research project and to use that data in a variety of ways for a variety of purposes for a diverse group of users. User agrees to use the Service, in a manner consistent with the Wildlife Insights mission.
- “User”: 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 will promptly notify Friends if you become aware of any actual or probable unauthorized use of or access to the Service.
- “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 account owner (“Organization Owner”), 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.
- “Initiative”: A group of Organizations sharing User Content on the Service in furtherance of a common objective. WI and the WI Core Members (including Friends) 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 which 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.
- 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.
- 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”: Descriptive information relating to:
- 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.
- “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 and uploaded to the Service by Friends or a WI Core Member.
- “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 Friends in connection with the Service during account registration and not published on the Service and Content posted on the Service by 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”.
For accuracy, completeness, quality issues or for any other reason, Friends may communicate with you to verify and validate your Data.
6. SUBMISSION OF DATA TO THE SERVICE BY YOU
You may submit, make available, manage, use and share Your Data on the Service. Friends 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, With respect to Your Data as submitted to the Service, you agree as follows:
- Representations, Warranties and Standards.
You represent and warrant:
- Accuracy and Completeness. 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 Friends would have the right to obfuscate under Section 6(C)(2) hereof.
- No Viruses, etc. 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.
Noting that you own Your Data, you grant Friends and other Users rights in accordance with one of the following licenses that you choose only when Your Data becomes publicly available on the Service:
- 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 Friends 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.
You agree to use the Data of other Users only in accordance with the license that was designated for the applicable Data by the User.
Irrespective of the specific Creative Commons license designated for Your Data, you grant Friends a license, on a royalty-free, non-exclusive, worldwide, sub-licensable, perpetual basis, to:
- Use Your Data, alone or with third-party sub-licensees, 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 sub-licensee, the sub-licensee 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).
- Place samples of Your Data on the Service in sections outside your Project, outside the Service in Friends’ publicity materials for the Service and on Friends’ social media accounts for the Service;
- Maintain non-public back-up copies of Your Data.
All uses of Your Data described in this clause will be with Attribution to you. The rights above include a license for the WI Core Members to use your and your Organization’s names to provide such Attribution to you.
For any Derived Product that Friends or a WI Core Member uploads to the Service, Friends 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, Friends 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 include a representation that you have the right to authorize Friends to use Your Data as described in clauses 6(B). All of Friends’ rights under this Section 6(B) include the survival of such rights after your User account is terminated by you or Friends as described in Sections 15(C).
- Sensitive Data.
- Public Availability. If Friends believes that Your Data is or contains sensitive information as described below (“Sensitive Data”), Friends 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 or containing humans within Recorded Data is considered Sensitive Data. Unless a User incorrectly or inadvertently tags an image of a human as non-human, through no fault of Friends, Friends will not make such images of humans within Recorded Data public on the Service. You may store and analyze such images of humans on non-public segments of the Service. You may also have a right to have images of humans within your Recorded Data deleted from the Service under Section 9(C).
- 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 Friends and updated from time to time, is found at https://wildlifeinsights.org/sensitive-species. For the protection of such species, Friends will deploy tools in an effort to strip or obscure such location data in Recorded Data and 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 providing the Recorded Data and Metadata in such Deployment). You must provide the Service with all true geographic location data, however, prior to any such stripping or obscuring by Friends. The Data, as so adjusted, will be made available publicly on the Service, but Recorded Data will be associated only with its Project and stripped or obscured 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 Friends may grant or deny in our discretion.
- Additional Rules for Sensitive Data. Friends may use Sensitive Data in the manner described in this section provided, however, that such use 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). Any embargo you choose of a Project will not apply to the Project Metadata therein.
- Embargo Period. The Embargo Period may not exceed 48 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.
- Additional Rules for Embargoed Data. Friends may use Embargoed Data provided, however, that (a) such use will not expose such Embargoed Data; and (b) use of Derived Products including by WI Core Members will not, without your specific consent, include making a Derived Product available to peer review publications.
7. USE OF OTHERS 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.
Friends 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 Friends’ 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.
Friends’ Copyright Agent for claims of copyright or other intellectual property infringement can be reached as follows:
By mail: 11 W Jones St, Raleigh, North Carolina, 27601, USA
By email: Friends.firstname.lastname@example.org
11. USE OF THIRD PARTIES BY Friends
12. DISCLAIMERS AND LIMITATIONS
THE SERVICE IS PROVIDED BY FRIENDS “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, FRIENDS 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. FRIENDS DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF THE SERVICE OR OF ANY CONTENT. FRIENDS 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. FRIENDS 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 FRIENDS, 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 FRIENDS 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 Friends.
Friends 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 Friends.
- 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.
- Termination of the Service.In the event that WI terminates the Service, Friends 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.
16. COMPLIANCE WITH APPLICABLE LAWS INCLUDING US EXPORT AND IMPORT CONTROLS1
17. OTHER TERMS
- Registrations.Friends has the right, in our sole discretion, to accept or reject any application for registration on the Service as a User or Organization.
- Fees and Charges.Revenue generated by Wildlife Insights may be used to support Wildlife Insights staff, build, deploy and maintain WI technology and to provide products and services for Wildlife Insights users. Friends 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 Friends through the Service; or (3) a separate written agreement with Friends.
- 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. Friends 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 Friends 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 Friends is responsible for such privacy, information and other practices solely in its individual capacity.
- Notices and Other Communications.
You consent to receive notices and other communications from Friends, and from other Users, via notification on the Service or via the email address you have submitted to the Service. Notices and other communications from you to Friends must be sent in English from our “Contact Us" page athttps://wildlifeinsights.org/contact or by email in English to email@example.com.
© 2019 Friends of the North Carolina Museum of Natural Sciences, 11 W Jones St, Raleigh, North Carolina, 27601, USA, on behalf of Wildlife Insights and the WI Core Members