Terms of Use
Introduction
By using this ARWPIC website and the Content available on and through it, you are agreeing to be bound by these Terms of Use and the Privacy Policy.
Content that you access through the ARWPIC website may also be subject to specific terms and conditions imposed by a data contributor (Data Contributor Agreement terms). These Data Contributor Agreement terms may include certain licences to use the Content, such as Creative Commons licences.
The Data Contributor Agreement terms and the Terms of Use form the legally binding agreement between you and the data contributor. If there is any inconsistency between these Terms of Use and the Data Contributor Agreement terms then the Data Contributor Agreement terms will prevail, but only to the extent that it applies to the particular Contents and to the extent necessary to resolve any conflict.
We may change these Terms of Use or a data contributor may change their Data Contributor Agreement terms at any time without giving you notice, so please check them each time you visit the ARWPIC website.
Terminology
‘ARWPIC’ - means the Australasian Right Whale Photo Identification Catalogue and in the context of the agreement between you and ARWPIC that these Terms of Use represent, ARWPIC is the Australian Marine Mammal Centre as the legal entity representing and responsible for ARWPIC.
You/user – means you as a website user, Content/Data user, or Content/Data contributor.
Data contributor – means an individual or organisation that makes Content available on or via the ARWPIC website.
ARWPIC website – means the website with the URL https://data.marinemammals.gov.au/arwpic (or any URL replacing it) and associated web services, internet publishing tools, software, tools etc.
Content – means contributions or content; includes data and images.
Registration
In some cases the ARWPIC may ask you to provide your name or other identifying or contact details – such personal information will be managed in accordance with the ARWPIC Privacy Policy.
You will ensure that any registration information you give to the ARWPIC is accurate, correct and up to date.
The ARWPIC will not accept a registration that the ARWPIC suspects is being made by or on behalf of someone who has been suspended for violation of these Terms of Use.
You are responsible for maintaining the confidentiality and security of your password(s). You are therefore responsible for everything done or submitted using your account.
Contributing or uploading Content
You retain copyright and any other rights you already hold in Content which you submit to the ARWPIC website.
You are free to make available, use or publish your Content elsewhere.
You warrant that you own or created the Content or have the necessary rights, licenses or permissions to make the Content available on the ARWPIC website.
You will make reasonable efforts to ensure your Content is accurate at the time you collected or created it or made it available on the ARWPIC website.
Using the Content
If you use or download Content from the ARWPIC website you:
- recognise that most of it is protected by copyright and other intellectual property rights and will respect those rights
- agree to acknowledge, reference or attribute the relevant data provider (using any specific attribution wording they may have provided) in any derived information product, work or publication that is based on the relevant content
- will comply with any Data Contributor Agreement Terms (see below) that the data provider may indicate regarding its use, eg personal use only, non-commercial use, not make derivatives etc
- will not remove any identifier of ownership or terms of use that is associated with the content or data record
- recognise that the content is provided without any warranty regarding its quality, accuracy, completeness, currency, relevance or suitability for any particular purpose and that you use the content at your own risk (see Disclaimer). While every effort has been made to ensure that the content of this website is accurate, the Australian Marine Mammal Centre makes no representations or warranties in relation to the accuracy or completeness of the information found on it.
- respect any restrictions regarding the availability of the data, such as sensitive data.
- agree that your use of content may also be subject to specific terms and conditions imposed by a data contributor (Data Contributor Agreement terms). These Data Contributor Agreement terms may include certain licences to use the content, such as Creative Commons licences. You must comply with these terms. Data Contributor Agreement terms are specified in the ‘Data Attributions’ tab of the export data spreadsheet. Any use of content accessed through the ARWPIC website must include data contributor attribution requirements as specified in the ‘Data Attributions’ tab. A single page on the ARWPIC website may be made up of many different datasets, each covered by a different licence. You are required to check to see which licence applies to any portion(s) of the page or content record you wish to use and abide by any restrictions on the content.
- agree that if you want to use content otherwise than in accordance with the data contributor’s terms you need the approval or permission of the data contributor.
- recognise that the Data Contributor Agreement terms and the Terms of Use form the legally binding agreement between you and the data contributor.
Personal information
Our Privacy Policy also forms part of the ARWPIC Terms of Use and it describes how we use your personal information when you use the ARWPIC website.
Whenever you give us personal information you are consenting to its collection and use in accordance with our Privacy Policy.
As a user of the ARWPIC website you must not use any personal information made available to you on this ARWPIC website for any purpose other than:
in the case of an individual who made a particular record, eg sighting/observation data, to verify the details of that record and/or to acknowledge them as the relevant creator, and
in the case of an individual administering a dataset, to contact them directly to request greater access, further information and/or support.
Links to external websites
ARWPIC provides links to a range of external websites; however, we do not have direct control over the content of the linked websites nor the changes that may occur to content on those websites.
It is your responsibility to make your own decisions about the accuracy, completeness, currency, relevance or suitability for any particular purpose of the content on external websites.
ARWPIC is not responsible for, and does not endorse, the content on external websites.
ARWPIC publishes links to external websites at its discretion, and reserves the right to remove user-posted links to external websites for any reason and at any time.
Linking to the ARWPIC website
We encourage use of links on external websites to the ARWPIC homepage or other relevant pages on the ARWPIC website.
Such links should not suggest that your website, organisation or services/products are endorsed by the ARWPIC.
ARWPIC reserves the right to prevent linking or framing by giving notice on the ARWPIC website.
Please advise us of any links you make to the ARWPIC website.
Security of the ARWPIC website
The internet exists across insecure, public networks and there is a risk that transmissions to or from this website may be intercepted and modified by third parties or that files obtained from or through this website may contain computer viruses, disabling codes, worms or other defects.
ARWPIC accepts no liability for any interference with or damage to your computer system, software, or data occurring in connection with or relating to the ARWPIC website or its use including the tools provided. You are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
You must not try to circumvent the security features of this ARWPIC website, or tamper with, hack into, or in some other way disrupts any computer system, server, website, router or other device used to host this website or make it available.
Email addresses on the ARWPIC website
The presence of email addresses on the ARWPIC website does not infer consent to send unsolicited commercial electronic messages (email) to those addresses.
