African Butterfly Database

Terms and Conditions

Terms of Use

I. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND AFRICAN BUTTERFLY DATABASE ("ABDB") governing your use of  the database service (the "Database") located at www.abdb-africa.org. Please review the Terms fully before you continue to use the Database. By using the Database, you agree to be bound by these Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Database. Please review our Privacy Policy, which also governs your use of the Database, to understand our practices. If you do not agree, please discontinue using the Database. ABDB reserves the right to change these Terms at any time without prior notice. Your continued access or use of the Database  after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly.

Your use of the Database is at your risk. If you are dissatisfied with any of the materials utilized by the Database, with the quality of service or content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Database.

II. Specific Database Terms

Any use of the Database, including use of the Database through a third-party product that accesses the Database is bound by terms of this agreement plus the following specific terms:

  1. You expressly understand and agree ABDB shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ABDB has been advised of the possibility of such damages), resulting from your use of the Database or third-party products that access or sync data.
  2. You shall not use the Database in any manner that adversely impacts the stability of ABDB server or adversely impacts the behavior of other applications using the Database. Such abuse may result in temporary or permanent suspension of your access to the Database. ABDB, in its sole discretion, will determine what constitutes adverse impacts.
  3. ABDB reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Database (or any part thereof) with or without notice.
  4. ABDB reserves the right at any time to introduce new versions of the Database and to discontinue current versions of the Database with or without notice.
  5. You agree to attribute ABDB as the source of the data accessed via the website or mobile interface, wherever it is used or displayed.

III. Intellectual Property Issues

The Database is owned by ABDB. All of the content featured or displayed on the web, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by ABDB. Advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Use.

Pursuant to the copyright and trademark laws of the European Union, you agree:

  1. That you may only download Content that ABDB designates as offered for download to any single device a single copy of any Content for personal and non-commercial use.
  2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), sell or exploit for any commercial purposes any Content derived from the site without specific written authorization from ABDB. Contact ABDB to inquire about commercial uses.
  3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  4. That by posting or submitting any text or other materials to the Database you grant ABDB a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission (e.g., voucher photos with contributor copyright, logo or brand).

IV. Liability

The Database and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with use of the Database, including those risks associated with reliance on the accuracy, thoroughness, or utility of any content.

You acknowledge that due to the immediate nature of this medium, ABDB does not immediately review, censor, approve, edit, or endorse information placed in the Database by its users, and cannot guarantee that inappropriate material will not be posted. ABDB and affiliated partners will review user postings and will take steps to remove inappropriate postings that come to its attention.

The Database may provide, or third parties may provide, links to other sites or resources. Because ABDB has no control over such sites and resources, you acknowledge and agree that ABDB is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ABDB shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

V. User Conduct

All users shall use the Database for lawful purposes only. You agree not to post or transmit through the Database any material that is unlawful, invasive of privacy or publicity rights  which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the Database any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by ABDB to do so.

Conduct by any user that, in the sole opinion of ABDB, constitutes over use or abuse of the right to access data, which restricts or inhibits any other user from using or enjoying the Database will not be permitted. ABDB reserves the right to refuse access to the Database to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the European Union.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE DATABASE, WEB-, OR MOBILE-INTERFACE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, ABDB RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to assume full and sole responsibility for any postings you make to the Database.

VI. Indemnification

You agree to indemnify, defend, and hold harmless ABDB; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Database from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. ABDB reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with ABDB in asserting and available defenses.

VII. Privacy

Please review our ABDB Privacy Policies, which governs the use of personal information from the Database and to which you agree to be bound as a user of the Database.

Comment: 0  show comments   add comment
Share on Google+
  • li 1
  • li 2