Terms and Conditions

The Terms and Conditions represent the contract between you and WhatSpecies when you use WhatSpecies’ site, services, and products.

Several notes have been included. These notes are not part of the contract itself, but are intended to help you follow the gist and emphasize key sections.

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WhatSpecies’ website, products and services are provided by Whatspecies (Pty) Ltd (2013/119236/07). These Terms and Conditions (“Terms”) govern your access to and use of the WhatSpecies website, products, and services (“Service”). Please read these Terms carefully, and contact us if you have any questions. Visitors to the Website (“Users” or “you”), which includes those users who register for membership on the Website , are bound by these Terms.

WhatSpecies uses cookies.  By using our Service and agreeing to these Terms, you consent to our use of cookies in accordance with the terms in our Privacy Policy.

If you do not agree to these Terms, do not continue to access and use our Service. Your continued use of our Service will constitute acceptance of the Terms and Privacy Policy, unmodified by you.

In other words:
You can use WhatSpecies if you agree to the Terms and Conditions and Privacy Policy. If you do not agree with our Terms and policies, do not use WhatSpecies.
 

1. Using WhatSpecies

a. Our license to you.

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license for the non-commercial use of our Service. This license does not include any commercial use of WhatSpecies, or its contents; any derivative use of any WhatSpecies content; any downloading or copying of content for commercial use; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the WhatSpecies Service only as permitted by law. The licenses granted by WhatSpecies terminate if you do not comply with these Terms and Conditions.

b. Your account

When you create your WhatSpecies account, you agree to provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

c. Commercial use of WhatSpecies

No content posted on WhatSpecies may be used by visitors or registered users for commercial purposes.

In other words:
You are not allowed to use any of the content on WhatSpecies to make money. Respect other people’s copyright.

 

2. Content on WhatSpecies

a. Posting content.

WhatSpecies allows you to post photos, audio clips, and comments, and embed video links (“User Content”) to the website. You retain all rights in, and are solely responsible for, the User Content and information you post to WhatSpecies.

In other words:
The content you post on WhatSpecies always remains yours and you can delete it anytime.

 

b. Using content.

By contributing User Content to WhatSpecies, you grant WhatSpecies a worldwide, royalty-free, and non-exclusive license to use, copy, reproduce, modify, adapt, transmit and publish the User Content for the purpose of operating, promoting, developing, providing, and using the WhatSpecies Service. Users are allowed to share links to your content. We reserve the right to remove or modify User Content for any reason, with WhatSpecies’ sole discretion, including User Content that we believe violates these Terms or our policies.

In other words:
We may show your content to people on WhatSpecies and other users may share links to it.

 

c. Storing content:

If you terminate your account, or if you delete your User Content, WhatSpecies will make reasonable efforts to remove it from the website, but you acknowledge that caching or references to your User Content may not be made immediately unavailable.

If you stop using your account without terminating it, WhatSepcies may retain and continue to use, store, display, reproduce, and share links to any of your User Content stored on WhatSpecies.

In other words:
Back-up copies of your content may remain in our databases for quite some time, but will not be accessible to the public. Copies of links shared with others on services other than WhatSpecies may remain even after you delete the content from your account. The links will however redirect to a 404 page.

 

d. Your responsibility:

i. To WhatSpecies and our community. WhatSpecies provides a place for you and other users to share and discover images, audio clips and video clips of wildlife species. You agree to abide by our WhatSpecies Etiquette and comply with our policies. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Service without our permission.

ii. To third parties. WhatSpecies respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree not to post any User Content that violates any law or infringes the rights of any third party.

iii. As a contributor. If you upload content to WhatSpecies, comment on an observation, suggest an identification, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “User Content”), you are entirely responsible for the content of, and any harm resulting from, that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file or video file. By making User 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, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • 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;
  • you may not present yourself in a manner that misleads our Users into thinking that you are another person or company. For example, your account and profile information is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of User Content that includes observations, accurately categorized and/or described and represented the observation.

In other words:
You are responsible for your content. Only post your own content. Don’t be offensive to other users of WhatSpecies. Don’t post spam or abuse the Website in any manner.

 

e. Your feedback:

WhatSpecies strives to always improve our Service and your experience using WhatSpecies. We welcome your feedback. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that WhatSpecies is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you. By accepting your submission, WhatSpecies does not waive any rights to use similar or related Feedback independent from yours, previously known to WhatSpecies, or developed by its employees, or obtained from sources other than you.

In other words:
We are free to use your feedback to improve WhatSpecies.

 

3. Copyright Policy

WhatSpecies respects other people’s rights and expects you to do the same. You agree to only post content of which you are the rightful owner, or for which you have the express permission of the rightful copyright owner. For more information, please read our Copyright Policy.

In other words:
We respect others’ copyrights and expect you to do the same.

 

4. Security

WhatSpecies is serious about the security of our users and takes extensive measures to protect the security of your content and your account. WhatSpecies can however not guarantee that unauthorized third parties will never be able to breach our security measures. You must immediately notify WhatSpecies of any unauthorized uses of your account or any other breaches of security.

You are responsible for safeguarding the password that you use to access WhatSpecies and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. WhatSpecies cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

In other words:
Don’t share your login credentials with anyone and please follow our security guidelines.

 

5. Third-party Links, Sites and Services

Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by WhatSpecies. By linking to a third-party website or webpage, WhatSpecies 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. WhatSpecies disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.

In other words: 
WhatSpecies may occasionally contain links to content that is not hosted by WhatSpecies. We are not responsible and cannot be held liable for that content.

 

6. Ending these Terms

The Terms will continue to apply until terminated by either you or WhatSpecies as follows.

WhatSpecies 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. Upon termination, you continue to be bound by All provisions of this Agreement which by their nature should survive termination (Sections 2 and 6-12 of these Terms).

In other words:
You can terminate your account at any time. We reserve the right to refuse service to anyone.

 

7. Indemnity

You agree to indemnify and hold harmless WhatSpecies, 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.

In other words:
If any legal action arises from your use of WhatSpecies, you will be held responsible for any costs incurred as a result.

 

8. Disclaimers

The Service and all included content are provided “as is” without warranty of any kind, whether express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

NEITHER WHATSPECIES NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT THE ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU OBTAIN CONTENT OR SERVICES THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

WhatSpecies takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable,  or otherwise unsuited to your purpose.

In other words:
Sadly some people might try to post unwanted content on WhatSpecies. Such actions are unwelcome and will be dealt with in the strictest manner. If, however, you come across objectionable content before we’ve had the opportunity to remove it, please report it to us so that we can remove it.

 

9. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, WHATSPECIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL WHATSPECIES’ TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US TO USE THE SERVICE.

WHATSPECIES SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL.

In other words:
WhatSpecies cannot be held liable for actions or losses or negative consequences resulting from your use of the Website.

 

10. Arbitration

In the event of any dispute of any nature arising between you and WhatSpecies on any matter provided for in, or arising out of these Terms, you agree to first contact us and attempt to resolve the dispute with us informally. If WhatSpecies has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.

YOU AGREE THAT DISPUTES BETWEEN YOU AND WHATSPECIES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

In other words:
If you feel we are liable for something in some way, we should try to resolve it in an amicable manner.

 

11. Governing Law and Jurisdiction

WhatSpecies is hosted, controlled and operated from the Republic of South Africa, and therefore these Terms shall be governed by the laws of the Republic of South Africa. We each agree to submit to the personal jurisdiction of the South African courts for any actions not subject to Section 10 (Arbitration).

In other words:
If you want to take legal action against WhatSpecies, you will have to do so in the Republic of South Africa.

 

12. General Terms

Notification Procedures and changes to these Terms. WhatSpecies reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

In other words:
If significant changes are made to the Terms, we will inform you electronically. If you do not agree with modified Terms, please do not use WhatSpecies.

 

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WhatSpecies without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with WhatSpecies in connection with the Service, constitute the entire agreement between you and WhatSpecies concerning the Service. If any part of these Terms is held invalid or unenforceable, then that part will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WhatSpecies’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

In other words:
These are standard legal passages for online services that ensure that a contract remains a contract, also when you are using WhatSpecies.

 

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