This Terms of Service is in part adapted from Wordpress Terms of Services which is kindly available under a Creative Commons Sharealike license. Accordingly, this Term of Service is also available under a Creative Commons Sharealike license.
Terms of Service
IGOTERRA AB runs the web site service www.igoterra.com that targets naturalists around the globe. Our basic service is free, and we offer paid upgrades for advanced features. Our service is designed to give you as much control and ownership as possible over your data.
The following terms and conditions govern all use of the www.igoterra.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by IGOTERRA AB, a company duly registered in Sweden.
) and procedures that may be published from time to time on this Website by IGOTERRA AB (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by IGOTERRA AB, acceptance is expressly limited to these terms.
Your Website Account
You are responsible for your Website account and its security. You are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You must not post content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others and IGOTERRA AB may change or remove any content that is considered inappropriate or unlawful, or otherwise likely to cause IGOTERRA AB liability.
You must immediately notify IGOTERRA AB of any unauthorized uses of your account or any other breaches of security. IGOTERRA AB will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a blog, comment on a blog, post data or material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, photo, video, audio file or computer software. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain 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);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by IGOTERRA AB or otherwise.
All contents including photos, videos and other media, uploaded by contributors on the Website are protected by copyright and are the sole property of the person who has recorded them, or the legal owner.
By submitting Content to the Website you grant IGOTERRA AB a world-wide, irrevocable, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the data and materials to display, distribute and promote your contents for scientific and recreational purposes.
No such data and materials can be used in any way by a third-party without prior written permission of the copyright holders.
Without limiting any of those representations or warranties, IGOTERRA AB has the right (though not the obligation) to, in IGOTERRA AB’s sole discretion (i) refuse or remove any content that, in IGOTERRA AB reasonable opinion, violates any IGOTERRA AB policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in IGOTERRA AB sole discretion. IGOTERRA AB will have no obligation to provide a refund of any amounts previously paid.
IGOTERRA AB, iGoTerra.com, the iGoTerra.com logo, and all other trademarks, service marks, graphics and logos used in connection with iGoTerra.com, or the Website are trademarks or registered trademarks of IGOTERRA AB or IGOTERRA AB’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any IGOTERRA AB or third-party trademarks.
All of the contents and services produced and delivered by iGoTerra.com including annotated checklists and references, rankings, notes on taxa, trip reports, distribution maps, foreign language names, taxonomy data and subspecies and distribution data, are solely for the personal use of the visitors of the Website visitors and are protected by copyright. No part of these contents can be used in any way by third parties or for commercial purpose without the prior written permission of IGOTERRA AB.
IGOTERRA AB reserves the right to display attribution notifications and links such as ‘TripReport from iGoTerra.com,’ on material produced and delivered by iGoTerra.com
As IGOTERRA AB 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 iGoTerra.com violates your copyright, or any other intellectual property rights, you are encouraged to notify IGOTERRA AB. IGOTERRA AB will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. IGOTERRA AB will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of IGOTERRA AB or others. In the case of such termination, IGOTERRA AB will have no obligation to provide a refund of any amounts previously paid to IGOTERRA AB.
Payment and Renewal
Basic services on the Website are available for free. Optional paid services are grouped into the Standard and Premium membership levels and are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay IGOTERRA AB the annual subscription fees indicated for that service. Once an Upgrade payment has been received by IGOTERRA AB, the Upgrade will come into effect and will cover the use of that service for an annual subscription period as indicated. Upgrade fees are not refundable. At the end of a subscription period, IGOTERRA AB will advise that a renewal is due and an Upgrade subscription will come into effect on the day after the previous subscription period ended.
Responsibility of Website Visitors
IGOTERRA AB has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, IGOTERRA AB does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. IGOTERRA AB disclaims any and all responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. IGOTERRA AB does not have any control over those non-iGoTerra websites and webpages, and is not responsible for their contents or their use. By linking to a non-iGoTerra website or webpage, IGOTERRA AB 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. IGOTERRA AB disclaims any responsibility for any harm resulting from your use of non-iGoTerra websites and webpages.
IGOTERRA AB 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. IGOTERRA AB may also, in the future, offer new services and/or features through the 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.
IGOTERRA AB may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to discontinue your use of the Website, you can give notice and this will also terminate this Agreement. Your observations will remain on the Website but all links to your account name will be de-activated. This approach will allow you to re-activate your account if you would like to do so. Your photos will remain on the Website with your name since such material is linked to your copyright. All provisions of this Agreement that 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 Website is provided “as is”. IGOTERRA AB 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 IGOTERRA AB 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 Website at your own discretion and risk.
Limitation of Liability
In no event will IGOTERRA AB, 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 for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to IGOTERRA AB under this agreement during the twelve (12) month period prior to the cause of action. IGOTERRA AB 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 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 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.
You agree to indemnify and hold harmless IGOTERRA AB, its contractors, and its licensors, and their respective directors, officers, employees and agents 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 your violation of this Agreement.
The Website was created, and is maintained, in Sweden. IGOTERRA AB, makes no claims that the materials contained on the Website are appropriate or may be downloaded outside of Sweden. Access to the Website and the materials therein (including software) may not be legal by certain persons or in certain countries. If User accesses this Website from outside Sweden, that access is made at User's own risk. User is responsible for compliance with the laws of User's jurisdiction.
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 by a court of competent jurisdiction the invalidity of such provision shall not impair the validity of the remaining Terms of Services. 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 conditions; IGOTERRA AB may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Agreement constitutes the entire agreement between IGOTERRA AB and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of IGOTERRA AB, or by the posting by IGOTERRA AB of a revised version.
By accessing or using any part of the Website, you agree to the terms and conditions of this Agreement.