Terms of Use

Introduction

By using this EcoAssets website and the Content available on and through it, you are agreeing to be bound by these Terms of Use and the Privacy Policy.

The Terms of Use form the legally binding agreement between you, EcoAssets and/or the data provider. If there is any inconsistency between these Terms of Use and the Data Provider Terms then the Data Provider 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 at any time without giving you notice, so please check them each time you visit the EcoAssets website.

Terminology

‘EcoAssets’ means the EcoAssets project and in the context of the agreement between you and EcoAssets that these Terms of Use represent, EcoAssets is the Commonwealth Scientific and Industrial Research Organisation (CSIRO) as the legal entity representing and responsible for the EcoAssets project.

You/user – means you as a website user, Content/Data user, or Content/Data provider.

Data provider – means an individual or organisation that makes Content available on or via the EcoAssets website.

EcoAssets website – means the website with the URL www.ecoassets.org.au (or any URL replacing it or containing it within the URL) and associated web services, internet publishing tools, software, tools etc.

Content – means contributions or content; includes, but is not limited to, multimedia such as videos, sound files, photos, other images, music; textual material such as reviews, annotations, comments, forum and blog postings, information; biodiversity related information such as species names, morphology, taxonomy, behaviour, habitat, annotations, occurrence/sighting data, geospatial/location data, records, metadata; databases, datasets.

Registration

In order to use Content on the EcoAssets website or to utilise certain EcoAssets services or data you may be required to register to establish an account/user profile with EcoAssets.

When registering, a genuine email address must be provided.

EcoAssets recommends that you register using a pen name, nickname or pseudonym as your login name. You must not impersonate another living person or registered user. EcoAssets may refuse registration of users whose suggested login names are considered inappropriate by EcoAssets.

In some cases EcoAssets may ask you to provide your real name or other identifying or contact details – such personal information will be managed in accordance with the EcoAssets Privacy Policy.

You will ensure that any registration information you give to EcoAssets is accurate, correct and up to date.

EcoAssets will not accept a registration that EcoAssets 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.

If you become aware of any unauthorised use of your account, you should notify EcoAssets immediately on .

EcoAssets may lock, restrict and/or delete your registration or account if you breach these Terms of Use. User accounts locked or de-activated for breach of these Terms of Use may be re-enabled at the discretion of the EcoAssets director.

Using the Content

If you use or download Content from the EcoAssets 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 Provider 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)
  • respect any restrictions regarding the availability of the data, such as sensitive data.

Your use of Content may also be subject to specific terms and conditions imposed by a data provider (Data Provider Terms). You must comply with these Data Provider Terms. Where they exist they will be available through the metadata with the Content or shown with the Content.

If you want to use Content otherwise than in accordance with the data provider’s licence you need the approval or permission of the data provider.

A single page on the EcoAssets 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.

Contributing to Forums, Making Comments, Posting Information (Contributions, Sharing)

Children’s Contributions and use of Content should be supervised by an adult.

You are legally responsible for your Contributions.

EcoAssets may decide in its sole discretion what Contributions are published on the EcoAssets website.

You must not submit Contributions that:

  • are defamatory, malicious, threatening, offensive, abusive, obscene, or otherwise unlawful or that violates laws regarding harassment, discrimination, racial vilification, privacy or contempt
  • are intentionally false or misleading
  • are an infringement of copyright or other intellectual property rights
  • seek to promote or endorse commercial products or services or to solicit business
  • deliberately provoke other community members, or are inappropriate, repetitive or off topic
  • compromise your privacy or that of other contributors or that contain inappropriate personal information
  • compromise sensitive data or confidential information around a particular species or observation.

You should be aware that your Contributions may remain online indefinitely.

This EcoAssets website and its Content are protected by copyright law. Copyright in this material resides with EcoAssets or various other data providers as indicated.

EcoAssets has accessed Content from many different sources. All reasonable efforts have been made to ensure that we have properly acknowledged/attributed the source of the Content and obtained the necessary permissions. If however you believe that we have not properly accessed your Content please do not hesitate to contact and we will address your concerns.

Many of the trademarks or logos displayed on the EcoAssets website such as the EcoAssets, ALA, TERN, IMOS, ARDC or CSIRO logo or name are the registered trademarks of CSIRO. The trademarks of third parties are also displayed on this EcoAssets website. All these trademarks cannot be used without the express written permission of EcoAssets or the relevant third party.

Disclaimer

The EcoAssets website, linked websites and Content are intended to provide information for general and scientific use, to assist research and public knowledge, discussion and policy development.

EcoAssets makes the EcoAssets website and Content available on the understanding that you use them at your own risk – they are provided ‘as is’ and ‘as available’ and you exercise your own skill, judgement and care with respect to their use or your reliance on them.

EcoAssets and data providers give no warranty regarding the quality, accuracy, completeness, currency, relevance or suitability for any particular purpose of the Content or the EcoAssets website.

To the fullest extent permitted by applicable law, EcoAssets (including its employees and contractors), the Commonwealth of Australia and data providers exclude all liability to any person for any consequences, including but not limited to all losses, damages (including indirect, special or consequential damages, loss of business, revenue/profit, loss of time etc), costs, expenses and any other compensation, arising directly or indirectly from your use of the EcoAssets website or Content or inability to access the EcoAssets website.

If you find any inaccurate, out of date or incomplete Content on the EcoAssets website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting or the data provider of the Content.

Personal Information

Our Privacy Policy also forms part of the EcoAssets Terms of Use and it describes how we use your personal information when you use the EcoAssets website.

Whenever you give us personal information you are consenting to its collection and use in accordance with our Privacy Policy.

EcoAssets is all about bringing together environmental information from a host of sources around Australia. As such EcoAssets 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.

EcoAssets is not responsible for, and does not endorse, the content on external websites.

EcoAssets 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 EcoAssets Website

We encourage use of links on external websites to the EcoAssets homepage or other relevant pages on the EcoAssets website.

Such links should not suggest that your website, organisation or services/products are endorsed by EcoAssets.

EcoAssets reserves the right to prevent linking or framing by giving notice on the EcoAssets website.

Please advise us of any links you make to the EcoAssets website.

Security of the EcoAssets 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.

EcoAssets accepts no liability for any interference with or damage to your computer system, software, or data occurring in connection with or relating to the EcoAssets 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 EcoAssets 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 EcoAssets Website

The presence of email addresses on the EcoAssets website does not infer consent to send unsolicited commercial electronic messages (email) to those addresses.

General

These Terms of Use are governed by the law applicable to the Australian Capital Territory and the parties submit to the exclusive jurisdiction of the courts of that Territory.

No delay, neglect or forbearance on the part of EcoAssets in enforcing these Terms of Use will be, or deemed to be, a waiver. Nor will it prejudice any rights of EcoAssets.