DATA, SOFTWARE, AND WEB SITE USER AGREEMENT
Please read this document carefully before downloading any data or images from eMammal.org . By clicking on “I accept” you agree to the terms and conditions outlined in this document.
This Data, Software, and Web Site User Agreement (this “Agreement”) is between you and the Smithsonian Institution (“SI”), which administers the eMammal program and the web site on the domain eMammal.org with the home page eMammal (the “Web Site”). By using the Web Site, the software on the Web Site (the “Software”), and/or accessing or using the images or metadata (the “Data”) from the eMammal database, you agree to and are bound by the following terms and conditions. If you are an individual who is using the Web Site or the Software and/or accessing or using Data on behalf of an organization, corporation or other entity, you unconditionally represent and warrant that you are legally authorized to act on behalf of that organization, corporation or other entity and to bind it to the terms of this Agreement:
The aim of the eMammal program is to facilitate the sharing of camera trap images and data for the uses of research and education. Currently, the databases include the terrestrial vertebrate database for multiple individuals within SI, Wildlife Conservation Society, and individual researchers. eMammal encourages collaboration with other institutions and individuals. eMammal recognizes the power of camera trap sampling 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.
II. USER RESTRICTIONS AND OBLIGATIONS
1. Metadata. Any and all use of the Data by you must comply with the terms and conditions of use that are set forth in this agreement, including but not limited to attribution requirements and/or copyright notices.
2. Acknowledgment. Any publication, sharing, or use of Data accessed through the Web Site must clearly and unambiguously acknowledge eMammal as a reference source, acknowledge the projects from which Data are obtained, and acknowledge the owners of the specific project data. We strongly recommend that any user who intends to use these data for scientific research contact the project’s Principal Investigator and seek his or her cooperation in the data use.
3. General Prohibitions. When using the Web Site or the Software, and/or accessing or using Data, you are prohibited from:
a. obtaining unauthorized access to Data or otherwise breaching or attempting to breach the security of the Web Site, the Software or the Data;
b. infringing upon the copyrights, trademarks, privacy rights, publicity rights or other proprietary rights of any third parties;
c. interfering with or disrupting the use of the Web Site by others;
d. altering or tampering with the Web Site’s Software, appearance or functionality;
e. uploading, posting or transmitting a computer virus, worm or other contamination which causes the Web Site to become inaccessible, inoperable or contaminated, or which is designed to be destructive, harmful or threatening to others;
f. engaging in unlawful activities in connection with the Web Site, the Software or the Data, or in activities which place SI or others at risk of civil or criminal liability; and
g. copying, replicating or reproducing the Web Site, or the collection of Data contained in the Web Site, in another location (on-line or otherwise).
4. No other rights not described herein are granted.
5. SI reserves the right, in its sole discretion and without any liability to you, (a) to modify or terminate your access to the Web Site or the Data for any reason, at any time, and/or (b) to take appropriate action in order to prevent the misuse or abuse of the Web Site or the Data.
III. DATA, SOFTWARE, AND WEB SITE
1. Warranty and Disclaimers. THE SOFTWARE, DATA AND THE WEB SITE ARE PROVIDED BY SI UNDER THIS AGREEMENT "AS IS" 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. SI MAKES NO REPRESENTATION OR WARRANTY THAT THE DATA OR METADATA ASSOCIATED WITH THE DATA IS ACCURATE OR ERROR-FREE, OR THAT USERS OF THE WEB SITE WILL HAVE UNINTERRUPTED OR ERROR-FREE ACCESS TO THE WEB SITE OR THE DATA.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SI WILL HAVE NO LIABILITY RELATED TO THE DATA, OR USE OF THE DATA, ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SI ALSO DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY DATA.
THE USE OF THE SOFTWARE, DATA AND WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SI ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEB SITE OR IN CONNECTION THEREWITH.
2. Limitation of Liability. IN NO EVENT SHALL SI, ITS REGENTS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM MISUSE OF DATA, OR LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR EVEN IF SI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE WEB SITE OR THE SOFTWARE; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE WEB SITE OR THE SOFTWARE; (3) ANY UNAUTHORIZED ACCESS TO THE DATA; (4) ANY UNAUTHORIZED USE OR ALTERATION OF THE DATA, OR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF USE THAT ARE SET FORTH IN THE METADATA ASSOCIATED WITH THE DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEB SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE.
3. Indemnification. You agree to indemnify, defend and hold SI and its Regents, officers, employees, independent contractors and agents harmless from any and all third-party claims, including reasonable attorneys' fees, due to or arising from: (a) Data that you may access or use using the Software or through the Web Site, including your reliance on the accuracy, completeness or usefulness of the Data; (b) your access to or use of the Software or the Web Site; (c) your connection to the Web Site; (d) your violation of this Agreement or failure to comply with the terms and conditions of use set forth in the metadata associated with the data; and (e) your infringement of any third party’s copyright, trademark, or other proprietary rights, violation of privacy rights or publicity rights, and libel or violation of any other law in connection with this Agreement.
1. Choice of Law. The Web Site is controlled, operated and administered by SI from its offices within the United States of America. This Agreement shall be governed by federal law and the law of the District of Columbia, without reference to conflict of law rules.
2. International Users. The Web Site is controlled, operated and administered by SI from its offices within the United States of America. SI makes no representation that the Software or the Web Site are appropriate or available for use at other locations outside the United States, and access to the Web Site from territories where the Software or the Web Site are illegal is prohibited. If you access the Web Site from a location outside the United States, you are responsible for compliance with all local laws.
3. Excessive Data Usage Charges. The use of the Web Site on your mobile device will require use of your data service. Depending on the plan you have with your mobile network carrier, you could incur excessive data charges amounting to hundreds or thousands of dollars. You should check with your mobile network carrier and determine how you will be charged for data usage. SI is not responsible for your data usage and will not be responsible for excessive data charges that you may incur. You are responsible for any internet connection, data or other fees assessed by your mobile network carrier to access the Web Site via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
4. Modification. SI may, in its sole discretion, modify portions of this Agreement at any time. SI may notify you of any changes by posting notice of such modifications on the Web Site or sending notice via e-mail, postal mail or other means. Your continued use of the Software and the Web Site following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement.
5. Relationship of the Parties. You agree that no joint venture, partnership, employment or agency relationship exists between you and SI as a result of this Agreement or use of the Web Site or the Data.
6. Severability. In the event that any portion of this Agreement is deemed to be invalid of unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth herein, the remaining provisions of this Agreement shall remain in full force and effect.
7. No Waiver. SI’s failure to exercise or enforce any right or provision contained in this Agreement shall not constitute a waiver of that right or provision.
8. Titles. Section headings within this Agreement are for convenience only.
9. Entire Agreement. This Agreement constitutes the entire agreement between you and SI and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.