Terms of use

 

Terms and Conditions of Use of the Integrated Biodiversity Assessment Tool (IBAT)

Access to the Integrated Biodiversity Assessment Tool and the data is provided subject to the following Terms and Conditions.
 
Please read these Terms and Conditions carefully.

Definitions

For the purposes of these Terms and Conditions the following terms shall have the following meanings:

1.1  “BirdLife” means BirdLife International, the “Owner” and “Service Provider” of IBAT. 

1.2  “Account” means collectively the personal information, and credentials used by Users to access the Website.

1.3  “IBAT Alliance” means the parties who have signed the “IBAT Collaboration Agreement”.

1.4  “IBAT Collaboration Agreement” means the Agreement on the Establishment of the IBAT Alliance and License Agreement for the Integrated Biodiversity Assessment Tool.

1.5  “IBAT” means The Integrated Biodiversity Assessment Tool – The IBAT is a web-enabled data visualization application. IBAT converts critical conservation data into synthesized information (e.g. maps), thus providing decision makers such as businesses, governments and those funding their operations access to critical biodiversity information at the site level to inform risk assessment procedures for existing and potential developments.

1.6  “Information” means the data displayed in IBAT

1.7  “User” is any person who accesses or uses the Website.
 
1.8  “Services” means the web application and associated functions as provided through the IBAT for Research and Conservation Planning Website.
 
1.9  “Website” means https://conservation.ibat-alliance.org which is operated by BirdLife International on behalf of the IBAT Alliance.
 
2  Accounts
 
2.1  In order to use the Services on this Website you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. You represent and warrant that:
 
(i)  All information you submit is accurate and truthful; and
(ii)  You will keep this information accurate and up-to-date.
 
2.2  Your creation of an Account is further affirmation of your representation and warranty. 
 
3  Privacy
 
Use of this Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above. Your acceptance of the Terms and Conditions is deemed acceptance of the Privacy Policy.
 
Furthermore, since this application makes use of the Google Maps API, the Terms and Conditions incorporate by reference the Google Privacy Policy, and your acceptance of the Terms and Conditions is deemed acceptance of Google's Privacy Policy.
 
 
4  Use of Information and Services
 
4.1  No Commercial Use without Permission
IBAT, its data and any derivatives may be used for conservation purposes, scientific analysis or research only. IBAT, its data and derivatives may not be used, downloaded, distributed, made available or otherwise used for any Commercial Use without prior written permission with the exception of viewing on screen. ‘Commercial Use’ means any use of IBAT data by an individual or entity operating within or on behalf of or to the benefit of any organisation other than a not-for-profit organisation. Commercial Users are encouraged to visit IBAT for Business www.ibatforbusiness.org.
 
4.2  No Electronic Publishing, Sub-licensing or Redistributing of IBAT Data
IBAT, its data and derivatives may not be published or exposed electronically, including on-line, or be sub-licensed in whole or in part without prior written permission. To apply for permission, please contact ibat@ibat-alliance.org. In addition the spatial data contained in the IBAT may not be redistributed in whole or in part by or through any means including (but not limited to): electronically, web downloads, web services, through interactive web maps that grant users download-access or through file transfer protocols.
 
4.3  Use of IBAT within a non-approved web or desktop conservation application
IBAT may not be used in whole or in part within any web or desktop application without prior written permission and is subject to separate terms and conditions. To apply for permission, please contact ibat@ibat-alliance.org.
 
5  Scientific Analysis, Reports and Publications
 
The Information is provided with additional supporting metadata which generally describes its source, how it was compiled, its quality and limitations and the user is bound to abide by any stipulations contained therein. The IBAT Alliance will on request be prepared to provide guidance, and reserves the right to charge additional fees for this guidance, to aid in the correct use and interpretation of the Information and also reserves the right to comment on the accuracy of representation of the Information in any scientific analysis, report or publication. The IBAT Alliance require a copy of all published materials that include the Information to be lodged with them free of charge within one month of publication preferably in electronic format via ibat@ibat-alliance.org. However, if only a paper copy is available this should be sent to the address below.
 
FAO IBAT Project Manager, BirdLife International, David Attenborough Building, Pembroke Street, Cambridge, CB2 3QZ, UK. 
 
6  Disclaimer of Endorsements
 
Permission to use the Information in any third party’s scientific analysis, report, publication or online application does not and shall not be deemed to constitute endorsement of these by the IBAT Alliance.
 
7  Citation
 
You must ensure that the following citation is always clearly reproduced in any report or other record or in any online format which reproduces Information in whole or in part:
 
“Protected Area and Key Biodiversity Area data downloaded from the Integrated Biodiversity Assessment Tool (IBAT) (https://www.ibat-alliance.org/ibat-conservation). Provided by BirdLife International, Conservation International, IUCN and UNEP-WCMC.  Please contact ibat@ibat-alliance.org for further information.”
 
8  Currency of IBAT and Updates
 
Unless required to do so for specific analyses, you should not use any version of the Information and derivatives after they have been superseded by subsequent versions. It is your responsibility to check if an update of the Information or derivatives is available and to use the latest version.  
 
9  No Warranty, and Exclusion and Waiver of Liability
 
The IBAT, Information and derivatives are provided to you ‘as is’, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR FREE OPERATION. You agree that you download and/or use the IBAT, Information and derivatives at your own risk and responsibility.  NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY BIRDLIFE, THE PARTIES TO THE IBAT ALLIANCE, THEIR AFFILIATES, AGENTS OR COLLABORATORS THAT THE USE OF THE IBAT, INFORMATION AND DERIVATIVES SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. In no event will BirdLife, the Parties to the IBAT Alliance, their affiliates, agents or collaborators be liable to you for any damages, including without limitation, direct or indirect, special incidental, moral or consequential damages arising in connection with your use of the IBAT, Information or derivatives, even if BirdLife, the Parties to the IBAT Alliance, their affiliates, agents or collaborators are advised of the possibility of such damages. In consideration of the rights granted to you in these Terms and Conditions, you hereby waive and release BirdLife, the Parties to the IBAT Alliance, their affiliates, agents and collaborators from any liability (including, without limitation, in negligence, strict liability or under any other theory) whatsoever and howsoever arising in connection with the download and/or use of the IBAT, Information or derivatives. You agree that this waiver and release is effective in any and every jurisdiction in the world. You agree to protect, defend, hold harmless, and indemnify BirdLife, the Parties to the IBAT Alliance, their affiliates, agents or collaborators, from and against any and all third party claims, liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any way from your use of the IBAT, Information and derivatives, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account or on your behalf, of any intellectual property or other right of any person or entity.
 
10  Disclaimer on Representations of frontiers and National Boundaries
 
The geographic designations in the IBAT do not imply the expression of any opinion by the IBAT Alliance concerning the legal status of any country, territory or area, or concerning the delimitation of its frontiers or boundaries.
 
11  Feedback and Revised Information
 
The IBAT Alliance endeavours to maintain accurate and up-to-date data in the IBAT. In order to assist in that endeavour, you are requested to provide feedback on the quality, reliability and accuracy of the Information.  To improve the IBAT, the IBAT Alliance welcomes revised information in the form of GIS data, electronic images, paper maps, tables, GPS coordinates, and/or in any other useable format submitted to ibat@ibat-alliance.org. Such contributions must be free of restrictions to achieve IBAT’s purpose; as such, by making such contributions, you hereby grant to the IBAT Alliance a perpetual, world-wide, irrevocable, royalty free license to use, modify, distribute and publish such contributions in any format or medium. Further, by making such contributions you represent and warrant that you own all necessary rights and/or permission to make such contributions available under the aforementioned license. The IBAT Alliance shall have the right, but no obligation, to incorporate such contributions into IBAT.
 
12  No Grant in Service Marks and Logos
 
IBAT, BirdLife International, Conservation International, IUCN, UNEP World Conservation Monitoring Centre and their associated logos are the property of the respective service mark holders, and any use, reproduction, display or publication without permission is strictly prohibited.
 
13  Law and Jurisdiction
 
So far as may be relevant, the place of performance of the license and/or agreement constituted under these terms and conditions shall be the place where this web-download is served. Any dispute arising out of or in connection with these Terms and Conditions and/or the download and/or use of the IBAT shall be settled by amicable negotiation between you and BirdLife. Should attempts at amicable negotiation fail, any such dispute shall, upon request by either you or BirdLife, be referred to binding arbitration in accordance with the UNCITRAL arbitration rules then prevailing.
 
14  Communication
 
Any communication with respect to these Terms and Conditions and any issue arising from them shall be in writing in English and sent by email. The address for communication with the IBAT Alliance is ibat@ibat-alliance.org.
 
15  Changes to these Terms and Conditions
 
BirdLife and the Parties to the IBAT Alliance reserve the right to review and make changes to these Terms and Conditions from time to time and without notice to you. You agree that your continued access and use of the Services constitutes consent to such changes in the Terms and Conditions. You should therefore read these Terms and Conditions on each occasion you access this Website.
 
  
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