a. LICENSE TO USE WEBSITE
i. The Alberta Biodiversity Monitoring Institute (the “ABMI” or the “Institute”) grants you a limited, gratuitous and revocable, non-exclusive license to view and access the website located at www.abmi.ca, including every website page that shares the domain name “abmi.ca”, and NatureLynx.ca (collectively, the “Website”) subject to your unconditional acceptance of and compliance with these Website Terms and Conditions (the “Terms”). By accessing or using the Website you are agreeing to and accepting these Terms. If you do not agree with these Terms, do not access or use the Website.
b. MODIFICATION OF TERMS
i. We reserve the right to modify these Terms at any time without prior notice by posting such modifications on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms as modified.
c. ABMI INFORMATION PRODUCTS
i. “ABMI Information Products” means all information, products and services collected, obtained and/or produced by the ABMI, including, but not limited to, Raw Data, Compiled Data, Status and Trends Data, Data Collection Protocols, ABMI Reports, It’s Our Nature to Know Blog, the ABMI e-Newsletter, ABMI Photographic Images, ABMI Science Letters, ABMI Brochures and Pamphlets and NatureLynx Data.
i. Use of ABMI Information Products requires that the ABMI be acknowledged as the source of information. Acknowledgements should be structured to include the Institute’s name, website address, and the type of information used. For example, the ABMI might be acknowledged using the following format:
Raw breeding bird data (2004-2006 inclusive) from the Alberta Biodiversity Monitoring Institute was used, in whole or part, to create this product. More information on the ABMI can be found at: www.abmi.ca.
i. The ABMI strongly recommends that any use of ABMI Information Products includes the following statements of disclosure:
- The version and type of ABMI Information Products used;
- If appropriate, the type and source of additional, non-ABMI data used in analysis;
- A full description of data analysis; and
- The person(s) or organization(s) conducting the analysis.
f. LINKED SITES AND SOCIAL NETWORKING
iii. The ABMI makes and gives no representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. The ABMI disclaims all liability and responsibility for the content of the Linked Sites. Furthermore, any link to this Website should not be construed as a suggestion, recommendation or encouragement by the ABMI of that third party website, or as an endorsement of the products, services or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between the ABMI and the party running the third party website. Nothing in these Terms or your use of the Website grants you any rights or authorizations with respect to any Linked Sites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Linked Sites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not the ABMI.
ii. If there is a conflict or inconsistency between these Terms and the NatureLynx Terms, the NatureLynx Terms will govern to the extent of the conflict.
h. CONTROL OF CONTENT & REPUBLISHED CONTENT
i. The ABMI reserves the right to manage and control all content on the Website and any social networking sites to which the ABMI contributes, whether the content is posted by the ABMI or a third party.
ii. The ABMI is not responsible for republished content from the Website or any social networking sites to which the ABMI contributes.
i. POSTED MATERIAL & CONTESTS
i. By posting any information, data or content on the Website, including, but not limited to, submitting an entry in a contest held by ABMI (e.g. a photograph contest) (the “Posted Material”), you are:
- Granting an irrevocable, perpetual and worldwide license to the ABMI itself or to any third party to reproduce, distribute, display and create derivative works from the Posted Material in any media now or hereafter known, including any copyright or moral rights associate therewith;
- Consenting to the ABMI utilizing your name and/or picture, where applicable, in connection with the Posted Material;
- Confirming that the Posted Material is your own original work and that no third party has intellectual property rights in the Posted Material, including any copyright or moral rights, or where such third party rights exist, that you have obtained written releases and consent necessary to allow the ABMI to use the Posted Material in any manner whatsoever; and
- Agreeing to indemnify and hold harmless the ABMI from and against any and all claims and expenses, including legal fees, arising out of the Posted Material.
k. DISCLAIMERS, LIMITATIONS OF LIABILITY & INDEMNIFICATION
i. The ABMI assumes no liability in connection with the ABMI Information Products or any other information or services made available by the Institute. While every effort is made to ensure the information contained in these products and services is correct, the ABMI disclaims any liability in negligence or otherwise for any loss or damage which may occur as a result of reliance on any of this material. All ABMI Information Products and other information and services are subject to change by the ABMI without notice. This policy is subject to fees and other policies as determined by the ABMI Board of Directors and may be revised from time-to-time.
ii. The downloading, reading and review of material from the Website or Linked Sites is done solely at your own risk. The ABMI does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of the Website or any Linked Site. iii. You agree that you will not rely on any opinion or other information set out in the Website or any Linked Site when making business, financial, personal or any other decisions. The ABMI does not endorse the opinions of any third party expressed on the Website or any Linked Site.
iii. You agree that you will not rely on any opinion or other information set out in the Website or any Linked Site when making business, financial, personal or any other decisions. The ABMI does not endorse the opinions of any third party expressed on the Website or any Linked Site.
iv. IN NO EVENT SHALL THE ABMI BE LIABLE FOR ANY: (I) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES; (II) DAMAGES FOR ECONOMIC LOSS, LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY, OR FAILURE TO REALIZE EXPECTED REVENUES, SAVINGS OR OTHER RESULTS OF ANY KIND; (III) CLAIMS OF THIRD PARTIES; OR (IV) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE ABMI ARISING OUT OF OR RELATED TO THESE TERMS EXCEED CDN. $10.00.
v. You agree to indemnify and hold the ABMI harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) that the ABMI may incur or suffer as a result of your use of this Website or arising out of your breach of these Terms.
l. JURISDICTION & GOVERNING LAW
i. The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website and the interpretation of these Terms. The courts of the Province of Alberta, without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta.
m. ENTIRE AGREEMENT
i. These Terms, any and all other notices, policies and statements contained on the Website constitute the entire agreement between the ABMI and you. These Terms cannot be modified except as described elsewhere herein. These Terms supersede anything on the Website or any prior communication with you inconsistent with these Terms.
n. NO WAIVER
i. No waiver of any of these Terms, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition.
i. If in any jurisdiction, any part of these Terms is held to be unenforceable by a court of competent jurisdiction, such part of these Terms shall be restricted or eliminated to the minimum extent necessary and the remaining Terms shall otherwise remain in full force and effect.