iSpot Terms of use (updated May 24, 2019)

iSpot Terms of use (updated May 24, 2019) - UK and Ireland : Terms of use (last updated 11 October 2011) By using iSpot, you agree to these Terms of Use. If you do not agree, do not use the site. We may need to change these Terms of Use from time to time. If you disagree with a change to the Terms of Us

Updated iSpot Terms of use now available

Please read these updated terms which explain how you may use iSpot.  By registering and using iSpot, you agree to these Terms of Use. We may need to change these Terms of Use from time to time. If you do not agree, do not use iSpot.  

iSpot is provided by The Open University.  In these Terms of Use, when it says 'we' or 'us', it means The Open University, a body incorporated by Royal Charter (number RC 000391), an exempt Charity in England and Wales and a registered charity in Scotland (No. SC038302); and with its address at Walton Hall, Milton Keynes, MK7 6AA, Buckinghamshire, United Kingdom.

iSpot Terms of use (updated 24 May 2019)

1.     Background

1.1.  iSpotnature.org (iSpot) is a citizen science platform that facilitates the recording of biological data and helps individuals to identify species and to develop their skills in identifying species.  
1.2.  The information that is uploaded to iSpot is also shared with other organisations and is used to support further research.
1.3.  iSpot is provided by The Open University.  In these Terms of Use, when it says 'we' or 'us', it means The Open University, a body incorporated by Royal Charter (number RC 000391), an exempt Charity in England and Wales and a registered charity in Scotland (No. SC038302); and with its address at Walton Hall, Milton Keynes, MK7 6AA, Buckinghamshire, United Kingdom.
1.4.  These terms explain how you may use iSpot.
1.5.  iSpot handles any personal data that is submitted in accordance with our Privacy Policy which is available here.
1.6.  To contact us please use the details here.

2.     Acceptance of terms of use

2.1.  By registering and using iSpot, you agree to these Terms of Use.  If you do not agree, do not use iSpot.
2.2.  We may need to change these Terms of Use or our Privacy Policy from time to time.  We will record any changes on this page and will bring them to your attention by website alerts and notifications.  If you disagree with a change to the Terms of Use or our Privacy Policy, please do not make any further use of iSpot.

3.     iSpot: liability, accuracy and availability of iSpot website

3.1.  Liability

We provide iSpot as a citizen science project to facilitate recording biological data and to help research.  It is not provided for commercial use.  As a result:
   a)  Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
   (i)  Any losses that were not foreseeable to you and us when these Terms of Use were formed; or that were not caused by any breach on our part;
  (ii)  Business losses or losses to non-consumers.
   b)  We have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control.

3.2.     Accuracy

While we try to make sure that iSpot is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that iSpot will be fit or suitable for any purpose. Any reliance that you may place on the information on iSpot is at your own risk.

3.3.    Availability

We may suspend or terminate operation of iSpot at any time as we see fit.
While we try to make sure that iSpot is available for your use, we do not promise that iSpot is available at all times nor do we promise the uninterrupted use by you of iSpot.

4.     iSpot: restrictions on your use of iSpot

4.1.  We provide iSpot as a citizen science project.  iSpot may only be used for your own personal and non-commercial purposes.  
4.2.  You may not:
  a)  Use iSpot for any unlawful purpose, or to infringe the rights of others on the site;
  b)  Use iSpot to harass, distress, or inconvenience anyone;
  c)  Post information to iSpot that is abusive, defamatory, obscene, or otherwise offensive or objectionable;
  d)  Use iSpot for advertising or for promoting any goods, services, events or opportunities;
  e)  Download or transfer information posted to iSpot by other users;
   f)  Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  g)  Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.3. You are solely responsible for keeping your password and other account details confidential.  You may not allow anyone else to use your password or login details to access or use iSpot.
4.4. If you choose to access or use iSpot from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
4.5. We may prevent or suspend your access to iSpot if you do not comply with any part of these Terms, any terms or policies to which they refer or with any applicable law.
4.6. We may remove without notice any material posted on iSpot that we consider unsuitable for any reason, at any time.
4.7. We may exclude anyone from using iSpot if, in our view, they have used iSpot contrary to or posted material contrary to these Terms of Use.

5.     iSpot Community: behaviour

5.1.  People learn best when they feel secure and supported.  We want the iSpot community to feel like that.  So, please make every effort you can to be friendly and to help and support other people within the community.  
5.2.  If you wish to report behaviour that you see as inappropriate, please use the 'Report content as inappropriate' facility.

6.     iSpot Community: access

6.1.  We seek to make the iSpot website as accessible as possible. If you have any difficulties using the Site, please use the contact us form or email at [email protected]

7.     iSpot Content: ownership

7.1.  We do not gain ownership of any of the photos or images that you provide to iSpot.
7.2.  Any text that you provide is transferred to and owned by iSpot.  In the spirit of the citizen science project that iSpot is, the text that you provide is freely available for anyone to use on the basis of a Creative Commons licence.  The specific licence that iSpot uses is CC BY-NC 4.0. 7.3.  You are free to make the photos or images available to others at any time if you want to.  
7.4.  You are free to use any of the text that you submit provided that it is on the basis of CC BY-NC 4.0.

8.     iSpot Content: permission to use

8.1.  When you use iSpot, you create and upload content to the iSpot site - for instance, photos of wildlife, your descriptions of it, and messages to the forums. By putting this content on the iSpot site, you are saying that:
  a)  the content is yours, or you have the permission of the owner to agree to this use; and
  b)  we may use it at no charge to operate the iSpot site, for our research and to develop species identification systems and software; and
  c)  we may share it with our partners who are working with us on research or development projects; and
  d)  we may share details of observations and identifications (but not photos) with others in order to help to research and conserve wildlife.    This may include sharing details with recording schemes and other research organisations such as:
  (i)  National Recording Schemes;
 (ii)  Local Records Centres; and
(iii)  GBIF—the Global Biodiversity Information Facility.

8.2.  Where we do share your observations and identifications or other content, we will only share with carefully vetted bona fide organisations.  Note that, in line with our Privacy Policy, we will not pass on any personal information apart from your username without your permission.
8.3.  If your information is used to help to develop species identification systems and software, any revenue that we may receive as a result will be used to support the iSpot project.

9.     iSpot Content: licence (excluding photographs and images)

9.1.  In legal terms, by providing your content and information (excluding photographs and images) to iSpot for the purposes outlined at 8 above:
  a)  You are granting us a non-exclusive, transferable, sub-licensable, irrevocable licence to use the content and information at no charge to operate iSpot, to support our research and to develop species identification systems and software.  This may include sharing the content and information with other parties including those listed at 8.1;
  b)  If you are not the copyright owner of the content or information, you are confirming that the copyright owner has given their permission for this licence to be granted to us.

10.    iSpot Content: photographs and images

10.1. Acceptable images

Photos of all types of wildlife from around the world are very welcome on iSpot provided that they have been taken and provided in accordance with local legislation. As a result:
   a)  Nesting birds are vulnerable to disturbance if not approached with care.  It is common practice for them to be protected by law (as is the case in Britain and Ireland).  Photographs of nesting birds or nests may not be submitted to iSpot.
   b)  Bats are also vulnerable to disturbance. Again, it is common practice for them to be protected by law. In particular, it is generally illegal to intentionally or recklessly disturb a bat at a roost. Photographs of bats at a roost may not be submitted to iSpot.

10.2.    Ownership

Copyright in the images remains with the author, however images uploaded to the site may be used to operate iSpot, to support our research and to develop recognition and identification software and systems.

10.3.  Licence to use

In legal terms, by providing your photographs and images to iSpot:
   a)   You are granting us a non-exclusive, irrevocable licence to use the photographs and images at no charge to operate iSpot, to support our research and to develop species identification systems and software;
   b)   You are granting us a licence to make the photographs or images available to the research organisations and other third parties that we work with to support our research and to develop species identification systems and software, including those listed at 8.1.  You are not granting us a licence to make the photographs or images available to any other third parties;
   c)   You are not granting any third party the right to download the photographs or images from iSpot or to use them for any other purpose;
10.4. If you are not the copyright owner of the photographs or images, you are confirming that the copyright owner has given their permission for this licence to be granted to us.

11.    iSpot Content: corrections (including photographs)

11.1. If the content and observations uploaded to the site are to be of value in biological recording and conservation they need to be accurate and available over the long term. This is why we use the CC BY-NC 4.0 licence for text and why we obtain from you an irrevocable licence to use photographs and images.  If you need to revise or remove photos, images or text that you have submitted, please contact us at iSpot.  

04 Jun 2009
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