Terms of Service - Western Mussel Atlas Data Portal

By submitting or downloading data, you affirm that you have read, understand and consent to the Terms of Use. For questions related to the Western Mussel Atlas Data Portal, or to share a dataset directly, please email: mussels@xerces.org.

Submitting data

Thank you for sharing data with the Western Mussel Atlas Project and Western Freshwater Mussel Database therein. All data submitted to the project and database through this data portal, including your name, affiliation, observation location, and photographs you share, may become available to the public, although direct access to the database is limited to: (i) the Xerces Society for Invertebrate Conservation, the Confederated Tribes of the Umatilla Indian Reservation, and database project partners; and (ii) those who have registered for an account with the Western Mussel Atlas and agree to comply with Xerces’ Terms of Use.

Downloading Data

Restrictions on Use

Permission to use, copy and distribute data from the Western Freshwater Mussel Database is hereby granted under the following conditions:

1. The copyright notice below must appear in all copies.

2. Any use of the data from the Western Mussel Atlas and Western Freshwater Mussel Database must be for conservation, education, and research purposes only and in no instance for commercial or for-profit purposes.

3. Some data may be downloaded to files and altered for analytical purposes; however, the data should still be referenced using the citation below.

4. All data gathered from third party sources must be used and/or cited according to that particular data provider’s usage policies. These sources are provided with each record.

5. With the exception of NatureServe Network members and use of NatureServe data, users are not authorized to share the database. Direct all requests to https://westernmusselatlas.org/. The database is actively updated and revised, and this will ensure the most accurate and up-to-date version is available.

6. Any rights not expressly granted herein are reserved by The Xerces Society. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Xerces Society copyright.

Citation: Xerces Society for Invertebrate Conservation (Xerces) and the Confederated Tribes of the Umatilla Indian Reservation Mussel Project (CTUIR). [Year accessed]. Western Freshwater Mussel Database. Available at: https://westernmusselatlas.org/.

Terms of Use

Revised: October 1, 2017

Introduction

Your access and use of this website (“Website”) is granted by The Xerces Society, Inc. (“Xerces”) subject to these Terms of Use (‘Terms”). By using this Website, you agree to accept all of the Terms. If you do not agree to be bound by the Terms, please don’t use this site. Please also review our Privacy Policy for our commitment to protecting your personally identifiable information.

Xerces retains the right to modify the Terms at any time and to announce the modification with a modification date on this Terms of Use webpage. Your use of the Website after modification means you have accepted the changes.

Intellectual Property Rights

All content on this Website, including but not limited to, all written text, all sound and video recordings, all images (including pictures and graphics), all datasets, all trademarks, service marks, and trade names and the selection and arrangement of those elements, is either the intellectual property of Xerces or is being used with permission of the holder of the copyright.

You are granted limited license only for purposes of viewing the content on this Website. No other use is allowed without the prior written consent of the copyright holder, which may be denied in its sole discretion. Requests for permission from Xerces should be addressed to communications@xerces.org

You are specifically restricted from the following:

publishing any Website content in any other media without the prior written consent of Xerces;
downloading, copying, printing, displaying or using any Website content unless:(i) a clearly identified download link is provided; or (ii) explicit permission for copying, printing, displaying or use of specific content is given on the website; or (iii) you obtain the prior written consent of Xerces;
selling, sublicensing and/or otherwise commercializing any Website material;
using this Website in any way that is or may be damaging to this Website or to Xerces;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; or
using this Website to engage in any advertising or marketing.

Third Party Links

Links to external, third-party websites may be provided but only as a convenience to our users and are not intended to be an endorsement of the third parties, their products or their services. The external websites are not owned or operated by Xerces and Xerces has no responsibility or liability for the content of these linked sites. Your use of those external websites is subject to the policies and terms of use of the website providers.

No Warranties

THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND XERCES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE. XERCES DOES NOT WARRANT THAT ANY INFORMATION ON THIS WEBSITE IS COMPLETE OR ACCURATE.

Limitation of Liability

IN NO EVENT SHALL XERCES, OR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, BE HELD LIABLE FOR CLAIMS OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE. IN NO EVENT SHALL XERCES, ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT.

Indemnification

YOU HEREBY INDEMNIFY XERCES TO THE FULLEST EXTENT FROM AND AGAINST ANY AND/OR ALL LIABILITIES, COSTS, DEMANDS, CAUSES OF ACTION, DAMAGES AND EXPENSES ARISING IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, ITS CONTENT OR YOUR BREACH OF ANY OF THE PROVISIONS OF THESE TERMS.

Entire Agreement

These Terms are the entire agreement between Xerces and you in relation to your use of this Website and no Xerces employee is authorized to waive any of the terms except in a written communication specifically addressed to you. If any provision of the Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the State of Oregon, without regard to the conflict of laws. By using this Website, you submit to the exclusive jurisdiction of the state and federal courts located in the State of Oregon for the resolution of any disputes.