Terms and Conditions of Use of The NDF Support Tool

Access to the information, data and other content provided through The NDF Support Tool (the "Materials") is provided subject to the following Terms and Conditions. Full Terms and Conditions of Use for contributing datasets can be found at Species+, the IUCN Red List and Protected Planet.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND/OR USING THE MATERIALS MADE AVAILABLE ON THE NDF SUPPORT TOOL WEBSITE THE USER ACCEPTS AND AGREES TO COMPLY WITH THE TERMS AND CONDITIONS BELOW.

1. DEFINITIONS

For the purposes of these Terms and Conditions the following definitions are used:

“Website” or “the Site” means NDFSupport.unep-wcmc.org, which is managed and maintained by UN Environment Programme World Conservation Monitoring Centre (UNEP-WCMC).
“User” is the organization or individual accessing the Site. The rights and obligations concerning the use of the Materials in accordance with this user agreement are not transferable to any other user.
“Materials” comprise all information, tabular and spatial data and figures contained within any part of the NDF Support Tool website.

2. PUBLISHING

You may publish the Materials in whole or in part, including on-line, providing (a) the Materials are not downloadable, (b) use of the Materials meets the full Terms and Conditions of Use for contributing datasets where they are used (Species+, the IUCN Red List and Protected Planet) and (c) the proper attribution is clearly visible (see clause 5 below). You must ensure that the most recently available version of the Materials is being used and that the date of access is visible in the published version. Materials published online must provide a clear link to the original on-line source (NDFSupport@unep-wcmc.org) and to the original data source(s) as cited in the NDF Support Tool.

3. NO SUB-LICENSING OR REDISTRIBUTION

The Materials may not be sub-licensed in whole or in part including within Derivative Works without the prior written permission of UNEP-WCMC and IUCN. You may not redistribute the Materials in whole or in part by any means including (but not limited to) electronic formats such as web downloads, through web services, or through file transfer protocols. You may not use the Materials for any application that replicates or attempts to replace the essential user experience of the NDF Support Tool.

4. NO COMMERCIAL USE

Neither (a) the Materials nor (b) any work derived from or based upon the Materials (“Derivative Works”) may be put to Commercial Use without the prior written permission of UNEP-WCMC and IUCN. For the purposes of these Terms and Conditions, “Commercial Use” means a) any use for profit to generate revenue, or b) any use by an individual or entity operating within or on behalf of or to the benefit of or to assist the activities of any entity other than a not-for-profit organisation.

5. ATTRIBUTION

The User must ensure that both the citation of the original data as cited in the NDF Support Tool and the citation set out below are always clearly reproduced in any publication or analysis involving the NDF Support Tool Materials either in their original form or in any derived form or format:

The NDF Support Tool [Year]. UNEP-WCMC and IUCN. Available at: NDFSupport.unep-wcmc.org. Accessed (insert date of access dd/mm/yyyy).

6. NO GRANT OF INTELLECTUAL PROPERTY RIGHTS

No rights in the Materials are granted to the User by virtue of these Terms and Conditions or as a result of any use of the Materials.

7. ACCESS RESTRICTION

UNEP, WCMC and IUCN reserve their exclusive right in their sole discretion to alter, limit or discontinue the Site or any Materials. UNEP, WCMC and IUCN shall have no obligation to take the needs of any User into consideration in connection therewith. UNEP, WCMC and IUCN reserve the right to disable access to the Materials at any time without prior notice.

8. NO WARRANTY AND WAIVER OF LIABILITY

While UNEP, WCMC and IUCN strive to ensure accuracy and keep the Materials up-to-date, the Materials are provided to the User ‘as is’ and no warranty of any kind is given as to its completeness or accuracy. All warranties, representations and conditions, express or implied, are hereby excluded to the fullest extent permitted. The User agrees to make use of the Materials entirely at his or her own risk. The User waives and releases UNEP, WCMC and IUCN from any liability whatsoever, wherever and howsoever arising in connection with any use of the Materials or Derivative Works. UNEP, WCMC and IUCN will not be liable on any grounds (including without limitation negligence, strict liability or under any other legal theory) for any loss or damage (direct or indirect) incurred by the User or any third party as a result of the use of the Materials or any Derivative Works. The User also indemnifies and holds harmless UNEP, WCMC and IUCN in respect of any loss or damage (direct or indirect) suffered by any third party as a result of any use by that third party of any Materials or Derivative Works published by the User. Without limitation to the above, any damage occurring to computer systems or loss of data as a result of attempts to access Materials is entirely the User’s responsibility.

9. DISCLAIMERS

The contents of this website do not necessarily reflect the views or policies of UNEP, WCMC, IUCN, contributory organisations or editors. The designations employed and the presentations of materials on this site do not imply the expression of any opinion whatsoever on the part of UNEP, the CITES Secretariat, the Secretariat of the United Nations and IUCN concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.

10. FEEDBACK

The User agrees to provide feedback on the quality, reliability and accuracy of the Materials where these may become apparent. Please provide feedback to NDFSupport@unep-wcmc.org.

In order to keep the IUCN Red List Data up to date, IUCN, the Species Survival Commission and IUCN Red List Partner organizations would welcome feedback on the quality, reliability and accuracy of the data. Such contributions should be free of restrictions, and IUCN commits to provide appropriate acknowledgement and credit for any such contributions. The objective is to improve the IUCN Red List Data for the benefit of the global conservation community. For information on providing data to IUCN for updating the IUCN Red List Data, please contact the IUCN Biodiversity Assessment and Knowledge Red List Unit at: redlist@iucn.org.

11. PRIVACY POLICY

Keeping the site secure and problem-free

We only store data where necessary to improve usability of the Site. Our web hosting provider keeps logs of connections to this site so that we can detect and prevent malicious activity. The logs contain your IP address, the date and time of your connection and the pages you have visited. These will not specifically identify the User. We make no use of this data on an individual level unless the traffic looks like an attack, in which case we will block the connection.

Cookies

We use cookies to help identify your computer so that we can optimise the user experience and for website traffic analysis. The Website may use several types of third-party cookies which include but are not limited to:

Google Analytics – we use Google Analytics to collect data about the Website’s usage. This data will track the pages you visit and record other user data such as how long you spend on each page and the country you are accessing the site from. It does not include personal information. You can view the Google Privacy Policy here: https://policies.google.com/privacy

12. CHANGES TO THESE TERMS AND CONDITIONS

UNEP, WCMC and IUCN reserve the right to vary these Terms and Conditions from time to time without notice. Therefore, please ensure that you read these Terms and Conditions each time you access Materials. By accessing the Materials you signify your acceptance of the most recent version of these Terms and Conditions in full.

13. DISPUTE RESOLUTION

Any dispute arising out of or in connection with any use of the Materials shall be settled by amicable negotiation with the NDF Support Tool suppliers. Should attempts at amicable negotiation fail, any such dispute shall, upon request by either the User or the NDF Support Tool suppliers, be referred to 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 NDF Support Tool supplier is NDFSupport@unep-wcmc.org.

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