Terms

BowerBird Terms of use (last updated February 5th, 2013)

By using BowerBird (www.bowerbird.org.au)and all content, services and products available at or through the website (taken together, the Website), you agree to these Terms of Use. If you do not agree, please do not use the BowerBird website site. We may need to change these Terms of Use from time to time. If you disagree with a change to the Terms of Use, do not use the site.

Please read these Terms of Use (collectively known as an Agreement) carefully before accessing or using the website. Terms of Use form the legally binding agreement between you, BowerBird and/or the content provider. By accessing or using any part of the website, you agree to become bound by these terms and conditions of this Agreement. If you do not agree to all the terms and conditions in this Agreement, then please do not access the website or use any services.

Acceptable use and behaviour

Communities work best when they are supported. We hope that BowerBird will offer individuals the kind of supportive environment that you would find in any local or professional society. Please make every effort to be friendly, helpful and supportive of other users on this website.

Photos, observations and comments for all types of biodiveristy, especially from Australia, are very welcome on the BowerBird website with several precautions/exceptions:

  1. Many animals, in particular nesting or roosting vertebrates are vulnerable to disturbance. The destruction of vertebrate or invertebrate habitats should not be done and images indicating such disturbance will be removed from this website;
  2. You may not use BowerBird for any unlawful purpose, or to infringe the rights of others on the site;
  3. You may not use BowerBird to harass, distress, or inconvenience anyone;
  4. You may not post information to BowerBird that is libellous, abusive, defamatory, obscene, contains threats or incites violence towards individuals or entities, or otherwise offensive or objectionable and violates the privacy or publicity rights of any third party;
  5. You may not post content that is spam (machine or randomly-generated contents) or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. You may not use BowerBird for advertising or for promotion of commercial products;
  7. Your uploads should not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  8. Your login is not named in a manner that misleads your readers into thinking that you are another person or company.

BowerBird reserves the right to remove any material posted on the website that may be considered unsuitable for any reason, at any time. BowerBird also reserves the right to exclude anyone from using the BowerBird website if they have posted material contrary to these Terms of Use.

If you see something on the BowerBird website that is not acceptable, please report it using the 'Report content as inappropriate' link

Your content and information

You can use BowerBird to create/manage groups and projects, to upload content (images and text) and to be active with comments and forums. By using BowerBird you are saying:

  • You agree that you are participating and submitting content in good faith and that any content you contribute is your own or if you are not the content owner, you must have permission from the owner prior to making a contribution,
  • You agree that any content you contribute will be used for the purposes of running and maintaining the site and associated mobile applications,
  • Content that you access through BowerBird is provided and accessed under certain licences to use the Content – such as Creative Commons licences.and,
  • You agree to allow BowerBird to share any content that you have contributed under a Creative Commons License with the Atlas of Living Australia (www.ala.org,au) and that such content may be used by other conservation associations. In legal terms, for content licensed under a Creative Commons License, you are granting BowerBird a world-wide, royalty-free, non-exclusive, transferable license to your material to reproduce, modify, adapt and publish and warranting that permission for this license has been given by the copyright holder.

Your content will always remain yours and you can ask us to delete it at any time. Back-up copies will remain in the BowerBird website databases for quite some time, but will not be accessible to the public. Your content and information remains yours, including your photos and the text you type. You are free to make the information available to others at any time if you want to.

Your personal information

All of the information you upload to the BowerBird website, with several exceptions, is available to everyone who uses the site. By putting personal information on the site, you agree to it being available in this way. You can change or delete your personal information yourself at any time, by editing your profile.

The first exception is your email address. BowerBird will store this so that it can operate the site and contact you when needed about this site. BowerBird will never pass it on to anyone for marketing purposes.

The second exception is your IP address, a number which identifies the computer you use to access the site. BowerBird stores this in order to track usage of the site, and monitor abuse of the site.

The third exception is your password. For security, BowerBird does not store your password, but instead stores an encrypted version of it. This means that BowerBird cannot read your password, and cannot pass it on to other people.

BowerBird will not make your email address, IP address or password available to anyone outside of the team operating the site, unless required to by law.

BowerBird uses Google Analytics, which captures information about the use of the site, to help us monitor and improve it. None of the information captured by Google Analytics is personally-identifiable information - that is, nothing that can identify you as an individual is stored.

Privacy and safety

BowerBird is to be an open and safe place. If you are under 16, you should have your parent or guardian's permission to use the site, and talk to them about staying safe online.

All activity on BowerBird is viewable by all users – there are no private spaces. BowerBird has done this for several reasons: First, it is a community website where everyone can help and learn from each other by viewing contributions and reading comments and forums is a great way to learn. Second, if everything is available to everyone, it will help to ensure that anything that is potentially unacceptable on the site can be spotted quickl. If you see anything on the site that contravenes these Terms of Use, please report it as inappropriate.

BowerBird very strongly suggest that you do not post any information that would identify you personally to the site, including your full name, your home address, telephone number (landline or mobile), email address, or school.

Using information on the site

The rights of material uploaded by users to the BowerBird website are owned by those users. Each user will nominate the type of license that can apply to their content – BowerBird encourages the Creative Commons License but users have the right to deny use of their content. Please respect the license wishes of the user’s content.

For all other material, including the content, design and source code of BowerBird other than user-contributed material, is under the Open Source and Creative Commons licenses. You may use this material.

Our responsibility to you

BowerBird will do our best to continue to provide website, to make sure that all users abide by these terms, and to make sure that the site is safe to use. However, we can't guarantee this.

In particular, identifications and other information are provided by members of the BowerBird website community in good faith, but BowerBird can’t guarantee their accuracy.

BowerBird excludes any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for a particular purpose of the web site or any of its contents. We will not be liable for any damages (including without limitation damages for loss of profit, revenue or anticipated savings) arising in contract, tort or otherwise from the use of or inability to use the web site or any of its contents or from any action taken (or refrained from being taken) as a result of using the web site or any such contents. We make no warranty that the contents of the web site are free from infection by viruses or anything else which has contaminating or destructive properties.

Here are the legal terms of BowerBird’s responsibilities:

Content Posted on Other Websites. BowerBird has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BowerBird links, and that link to the BowerBird website. BowerBird does not have any control over those non-BowerBird websites and webpages, and is not responsible for their contents or their use. By linking to a non-BowerBird website or webpage, BowerBird does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BowerBird disclaims any responsibility for any harm resulting from your use of non-BowerBird websites and webpages.

Copyright Infringement. As BowerBird asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BowerBird violates your copyright, you are encouraged to notify the BowerBird team and we will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BowerBird may, in its discretion, terminate or deny access to and use of the BowerBird website.

Intellectual Property. This Agreement does not transfer from BowerBird to you any BowerBird or third party intellectual property, and all rights, title and interests in and to such property will remain (as between the parties) solely with BowerBird. All trademarks, service marks, graphics and logos used in connection with BowerBird, or the BowerBird website are trademarks or registered trademarks of BowerBird or BowerBird’s partners.

Changes. BowerBird reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the BowerBird website following the posting of any changes to this Agreement constitutes acceptance of those changes. BowerBird may also, in the future, offer new services and/or features through the BowerBird website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. BowerBird may terminate your access to all or any part of the BowerBird website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BowerBird account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The BowerBird website is provided “as is”. BowerBird and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BowerBird nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the BowerBird website at your own discretion and risk.

Limitation of Liability. In no event will BowerBird, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. BowerBird shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the website will be in strict accordance with the BowerBird Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless BowerBird, its contractors, and its licensors, and their respective staff from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to out of your violation of this Agreement.

Open Source. You agree to indemnify and hold harmless BowerBird, its code contributors, its contractors, and its licensors, and their respective staff from and against any and all claims and expenses, including attorneys’ fees, arising out of the publishing of BowerBird’s source code or the acceptance of code contributions from outside parties.

Miscellaneous. This Agreement constitutes the entire agreement between BowerBird and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized member of the BowerBird team. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws applicable to the State of Victoria, Australia. No delay, neglect or forbearance on the part of BowerBird in enforcing these Terms of Use, the Privacy Policy or the Additional Terms will be, or deemed to be, a waiver of, or otherwise prejudice, any of our rights. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.