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Terms and Conditions

Last updated: April 13, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://zims.species360.org or https://www.species360.org websites (the “Service”) operated by Species360 (“us”, “we”, or “our”). These Terms are a legal agreement between you and Species360.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. “You,” “your” and similar terms means you, the individual using the Service as well as any other individual or entity (such as an employer) on whose behalf you are using the Service.

You agree to be bound by these Terms by doing any one of the following: (1) By accessing or using the Service; and/or (2) By clicking “I Agree” or any similar button as part of using any service, tool or app provided by us. If you disagree with any part of the terms then you do not have permission to access the Service.

Species360 is a private membership organization headquartered in the USA. As such, we have been informed that Species360 information is not subject to the US Freedom of Information Act (FOIA). In the event of a third party or government requires, Species360 will not provide member data without the member’s consent or valid legal obligation.

Definitions

  • Institutional Data:  Any data entered by an institution, specific to that institutions use (examples include but are not limited to animals, users, enclosures, medical procedures, etc.) for that institution’s use.
  • Global Data:  Any data entered by another institution
  • Pooled Data: Global data that is aggregated across institutions. Because this information is aggregated it does not include member specific information.
  • Species360 Data: Any data that is created by the Species360 organization. Examples include aggregated taxonomy data, institution lists, data standards, and system data.
  • Members:  Paying members of Species360 as defined by the Species360 Membership Agreement. This term is also used to describe users who are employed by Species360 members.
  • Registered, Non-Member User: User of Services that are not members or employees of Members of Species360.  Examples include but are not limited to non-member studbook keepers, coordinators, veterinary advisors or other individuals allowed access to ZIMS or other Species360 services because of their role in species population management programs.

Communications

By creating a ZIMS Account, you agree to subscribe to newsletters, system updates, and other information we may send, and you agree that we can communicate with you by any and all contact methods / information you provide. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Member and Registered Non-Member Use

Our services for Members and Registered Non-Member Users are billed on a subscription basis (“Subscription(s)”). Billing occurs on an annual basis. Member institutions and Institutions hosting Registered Non-Member Users will be billed in advance on a recurring basis (“Billing Cycle”). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, subscriptions will automatically renew under the exact same conditions (subject to updates / revisions to these Terms and Conditions) unless cancelled by the member/user or by Species360. You may cancel your renewal by contacting Species360 customer support team.

A valid payment method is required to process the payment. You shall provide Species360 with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Species360 to charge all fees incurred through your account to any such payment instruments.

Fee Changes

Species360, in its sole discretion and at any time, may modify Membership or Registered Non-Member Use fees. Any fee change will become effective at the end of the then-current Billing Cycle.

Species360 will provide you with a reasonable prior notice of any change in fees to give support your budgeting cycles before such change becomes effective.

Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Refund requests may be considered by Species360 on a case-by-case basis and granted in sole discretion of Species360.  Refunds and cancelations will be managed in accordance with the Species360 Membership Agreement.

Content

Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the accuracy of Content and data that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it, including all copyright and other intellectual property rights) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; and (iii) the information and Content you post is, to your knowledge, true and accurate, and not false or misleading. We reserve the right to terminate the account of anyone found to be infringing on a copyright. We may remove any Content at any time, at our discretion, with or without notice.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you post on or through the Service. For all Content you post, you grant us a perpetual, irrevocable, royalty-free, non-exclusive, world-wide, assignable, transferable, sublicenseable right and license to use, display, store, modify, and transmit such Content, in whole or in part, and in combination with other information or contentment, in the operation of our current and/or future business.

Species360 has the right but not the obligation to monitor and edit all Content provided by users.

With the exception of a member’s own Institutional Data, Content found on or through this Service are the property of Species360 or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Species360 members depend on information from each other for sound population management, conservation, and animal welfare. Species360 shall endeavor to provide reports, analytics, and other data solutions to meet members and member association needs for information from other institutions such as, but not limited to:

  • Animal histories, pedigrees, origins, age and sex;
  • Animal behavioral background (rearing, training, etc.);
  • Animal care and husbandry information;
  • Strategic collection planning information at global, regional, national, and local levels;
  • Species-level information for studbook keepers

Species360 may use submitted content with institutional identities removed for pooled data purposes such as, but not limited to:

  • serum and blood chemistry norms,
  • demographic calculations,
  • epidemiology,
  • Species360 Board of Trustees approved research data requests

Scope of Use

Use of data is limited to Species360 Members and Registered, Non-Member Users (typically in the case of Studbooks) and is non-transferable, assignable or sublicenseable, for any reason.  You agree that Global Data, Pooled Data, and Species360 Data contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.  You may not distribute or make the Global, Pooled, or Species360 Data available to other parties without express prior written consent from Species360. No Global, Pooled, or Species360 Data or the application may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and Licensee shall not exploit the Services in any unauthorized way.  Any attempt to do so is a violation of the rights of Species360. If you breach this restriction, you may be subject to prosecution and damages.

Species360 provides many services to assist our users with best practices at their institution.  These features include, but are not limited to, medical resource information, email notification alert services, and reports.  These features are not intended to replace best practices at our member institutions and Species360 is not liable for any issues that may arise through the use of these resources.  Species360 provides these tools to the best of our ability but are subject to occasional technical complications that may prevent proper function.  You must accept these limitations as part of this terms of use agreement when using Species360 programs.

All researchers must acknowledge Species360 and Species360 members in any publications. Citation formats are available here.

Accounts

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality, including all copyright and other intellectual property rights therein, are and will remain the exclusive property of Species360 and its members. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Species360.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Species360.

Species360 has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Species360 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Research and Publications

Strategically, it is worth noting that the zoo, aquarium and species conservation communities face a significant research and publication challenge in the relative lack of peer-reviewed scientific publications based on the unique data held by institutions, some of which is pooled by Species360. More good published science would increase the actual contribution of zoos and aquariums to wildlife conservation and science, and raise their status publicly. Species360 pooled data is often of research interest in those cases requiring the much larger sample sizes than only animal data from hundreds of institutions pooled together can generate (lifespan calculation and epidemiology, for example). In these cases, single institutions typically do not hold a large enough sample size to support this kind of research.

Species360 encourages non-member researchers interested in working with zoological data to first contact and involve their nearest Species360 member institution or the relevant studbook keeper(s) where applicable for studbook species.

Species360 uses a Board of Trustees approved formal process for reviewing external research requests for data.  This process is led by the Species360 Director of Science in partnership with a member-focuses, global Species360 Science Committee.  Research requests require approval by Species360 Board of Trustees before provision of any data.

A signed research agreement that supports the Species360 membership agreement and this content use policy, while maintaining strict control over the data and protection of institutional privacy, will be required and managed through Species360.

All data will only be provided in aggregated form (pooled data) with institution names made anonymous when data is provided externally (except for species holdings [e.g. Zoo X has 2.4 tigers] and similar studbook-like reports for one species)

Studbook data research requests will not be managed by Species360 but will be channeled through the appropriate regional Zoo and Aquarium Association and the relevant Studbook Keeper(s).

All researchers must acknowledge Species360 and Species360 Members in any publications. Citation formats are available here.

Species360 members will be notified of research requests and publications based on Species360 data regularly. This information may be used in institutions’ own annual reports, or otherwise published by the institution.

Termination

We may terminate or suspend accounts of Registered Non-Members Users and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Species360, its affiliates, and their respective licensors, directors, officers, employees, and agents from and against any and all losses, liabilities, damages and claims, and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) incurred or asserted by any third party due to or arising out of (i) the Content it (or its end users) upload, post, email, transmit or otherwise make available through the Software or Services, (ii) its actions or inactions as part of its Membership, (iii) its use of the Benefits, Software and/or Services, (iv) its connection to the Software or Services, and/or (v) its violation of any Rights of another, or its violation of this Agreement, including, without limitation, its breach of any obligation, covenant, representation, or warranty, its negligence or intentional misconduct, and that of its employees and agents.

Limitation of Liability

Species360, its affiliates, and members shall not be liable to you or any individual or entity that has rights through you for direct, special, indirect, incidental, consequential, or punitive damages (including lost profits or lost data) or for any losses (even if advised of the possibility thereof) arising out of or in connection with the agreement or the subject matter hereof, including without limitation (i) the use or the inability to use the software, services, and/or content; (ii) unauthorized access to or alteration of any transmissions or content; (iii) conduct of any third party via the membership, software or services; or (iv) any other matter relating to the membership, benefits, software, services, or content. If a jurisdiction does not permit the one or more of the above exclusions of damages, then Species360’s, its affiliates’, and its members’ total cumulative liability for any and all claims under any theory of law arising out of or in connection with the agreement shall not exceed (in the aggregate) the amount paid by institution for the membership in the year in which the claim arose, or ten thousand dollars ($10,000), whichever is lower.

Disclaimer

The membership, benefits, software and services are provided on an “as is” and “as available” basis and Species360 disclaims all warranties and conditions, express, implied and statutory, including without limitation the implied warranties of accuracy, fitness for a particular purpose, interference, merchantability, non-infringement and system integration. Species360 does not warrant that the operation of the software and services shall be uninterrupted or error-free or that all errors shall or can be corrected. Species360 makes no commitment to update or make any changes to the membership, benefits, software and/or services, provided that if Species360 elects to, it may do so at any time without notice. If the exclusions set forth in this section are determined by a court of competent jurisdiction to be unenforceable, then all implied warranties and conditions shall be limited in duration for a period of thirty (30) days after the date of this agreement, and no implied warranties or conditions shall apply after that period.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions. For any dispute or matter arising under or in relation to these Terms and/or the Services, both parties agree that the sole appropriate venue and jurisdiction for such dispute shall be the federal and /or local courts located within Minnesota.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@species360.org.

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