1.    General. The Terms of Use outlined below relate to the responsibility of users for the scientific Data (as defined below) presented on the BirdLife website or provided to users by BirdLife International Secretariat staff. This does not include a BirdLife Partner’s use of Data over which they have intellectual property rights. Use of these Data including by accessing or viewing them through the BirdLife website constitutes your consent and acceptance of these Terms of Use which take effect on the date from which you first use them. The rights and obligations concerning use of the Data in accordance with these Terms of Use are personal to you and are not transferable to any other person or entity.

2.    Definition. For the purposes of these Terms of Use, Data comprise all tabular data, and all spatial data and associated attributes, presented on the BirdLife website or maintained in databases managed by BirdLife, including those relating to species (e.g. their extinction risk, distribution, population, trends, habitats, ecology, life history, threats and actions), sites (e.g. the boundaries, biodiversity importance, habitats, threats, and actions for Important Bird and Biodiversity Areas), and other biodiversity and conservation datasets.

3.    Modification of Terms of Use. From time to time, these Terms of Use may be modified. Accordingly, you are required to review the Terms of Use whenever accessing or using the BirdLife website, since any use by you after any such changes, modifications, or additions shall be governed by the Terms of Use.

4.    Termination. If you breach any of these Term of Use, then without prejudice to any other rights or remedies available to it, BirdLife International reserves the right to terminate your use of the Data. Any such termination will be notified to you in writing. After termination, you may not make any further use of the Data and your access to the Data will be disabled. Clauses 17, 18 and 19 will continue to apply despite termination of your use of the Data.  

5.    Rights. The Data contain information provided by BirdLife Partners who have licensed the rights to this information to BirdLife International and authorized BirdLife International to include them in relevant databases, present them on the BirdLife website and make them available to third parties for the purposes of permitting use in accordance with these Terms of Use.

6.    Acknowledgement. You will provide a full and appropriate acknowledgement and citation (which includes reference to the version of the Data used) in any materials or publications derived in part or in whole from the Data; relevant citation details are provided with each dataset. You agree to not alter or remove any copyright symbol or other identification concerning ownership or authorship of any of the Data made available to you. For any publications making substantial use of the Data, BirdLife International welcomes the opportunity for co-authorship, collaboration and to comment prior to publication. Expressions of interest can be sent via the contact details below.

7.    Published products. You are required to send, free of charge, an electronic or paper copy of all products published using the Data to BirdLife International via the contact details below.

8.    Versions. Unless required to do so for specific analyses, you should not use any version of the relevant Data after it has been superseded by a subsequent version. It is your responsibility to check if a new version of the Data is available.

9.    Commercial use. Use or reproduction of the Data or Derived Products (as defined below), either whole or in part, for commercial purposes is prohibited under these Terms of Use. For the purposes of these Terms of Use, “commercial purposes” means a) any use by, on behalf of, or to inform or assist the activities of, a commercial entity (an entity that operates ‘for profit’) or b) use by any individual or non-profit entity for the purposes of revenue generation. Any request for commercial use, or enquiries about whether a particular use qualifies as commercial, should be directed to the IBAT Alliance (https://www.ibat-alliance.org/), through which commercial use of the Data is managed.

10.    Purpose of use. You may only use the Data provided for the purpose for which it was requested. If subsequent or different use is required, you must contact BirdLife International again for approval via the contact details below.

11.    Reposting and redistribution. You will not publish, repost, sub-license, resell, redistribute or communicate to any third party or the public the Data in their original format, either whole or in part, alone or combined with other data (i.e. Derived Products, as defined below), by any means, including (but not limited to) electronic formats such as websites, internet postings, web downloads, web services, web maps that grant users download access, KML files or through File Transfer Protocols (FTPs), electronic mailing, faxing, archiving in a public data, redistributing via a computer network, digital storage, memory stick or other electronic media or device, except as may otherwise be expressly permitted in writing by BirdLife International. You should provide a link to the original Data source location on the BirdLife International website where appropriate. If you wish to provide a service through which the Data are made available for reposting or redistribution, you must obtain written permission by contacting BirdLife International via the contact details below.

12.    Third party requests. You will not pass the original Data on to third parties and will direct all requests for use of the Data back to BirdLife International via the contact details below.

13.    Derived Products. For the purposes of these Terms of Use, a Derived Product is a new work that is based upon all, or part, of the Data. To be considered a Derived Product, the new work must be transformative and include originality on the part of the creator, otherwise any reposting or redistribution will require express written permission by BirdLife International as outlined above. By using the Data for any Derived Product, you grant BirdLife International the right to use/reuse any of your Derived Product in accordance with the same Terms of Use.

14.    Endorsement and logo. Use of these Data does not constitute endorsement by BirdLife International of any Derived Products, reports or analyses. The BirdLife International logo must not be used on any Derived Products, reports or analyses, or supporting materials, without express written permission of BirdLife International.

15.    Right to comment. BirdLife International reserves the right to comment on the accuracy of representation of the Data in material produced by a recipient.

16.    Metadata. The Data are provided with additional supporting metadata, describing how they were compiled, ownership, type and quality of Data, and limitations. The recipient must read all supporting information prior to any analysis and agree to abide by any stipulations contained therein. Where appropriate, BirdLife International can provide additional guidance on request to aid in the correct use and interpretation of the Data.

17.    Disclaimer. BirdLife International makes no warranties or representations, express or implied, regarding the correctness, accuracy, reliability or completeness of the Data.  
The material and geographic designations in the Data do not imply the expressions of any opinion whatsoever on the part of BirdLife International concerning the legal status of any country, territory or area, nor concerning the delimitation of its frontiers or boundaries.
To the fullest extent permitted by law, neither BirdLife International nor its affiliated or related entities or its content providers shall be responsible for any loss, damage, injury, claim or liability of any kind based on or resulting from any information contained in the Data, or that result from mistakes, omissions, interruptions, deletions, errors, or defects in the Data, or unavailability of the Data, or delays in their operation, transmission or failure of performance.
BirdLife International and its affiliates do not warrant that the BirdLife website will be free from interruptions or errors, nor that the information accessible from the website or related to the Data is free from computer viruses, worms or other harmful components.  
BirdLife International may update or make changes to the Data provided at any time without notice. While it endeavours to maintain accurate and up-to-date Data at all times, BirdLife International makes no commitment to do so.
You further expressly acknowledge and agree that information, text, graphics, and hyperlinks provided to you through the BirdLife International website and located on other internet sites are provided solely as a resource and a convenience to you. Such hyperlinks to other sites are not an endorsement by BirdLife International of those sites.

18.    Indemnification. You agree to defend, indemnify and hold BirdLife International and its affiliates harmless from any and all damages, liabilities, costs and expenses, including legal fees, related to any violation of these Terms of Use by you or any authorized users of your account.

19.    Governing law and disputes. These Terms of Use and all non-contractual or other obligations arising out of or in connection with them are governed by English law. Any dispute, controversy or claim arising from or connected with these Terms of Use, including regarding the existence, validity or termination of them or the consequences of their nullity and any non-contractual or other dispute shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in effect at the time the dispute arose. The seat of the arbitration shall be England, all hearings shall take place in England, and the language of the arbitration shall be English.

20.    Errors and omissions. If errors, omissions or updates are identified, you are requested to notify BirdLife International via the contact details below so that the Data can be corrected, updated and improved in future releases.

21.    Contact details. If you have any questions about any of these Terms of Use or how they may apply to your intended use, or if you have other queries about the Data, please contact: BirdLife International, The David Attenborough Building, Pembroke Street, Cambridge, CB2 3QZ, United Kingdom.  Email: science@birdlife.org. Telephone: +44 (0) 1223 277318. Fax: +44 (0) 1223 281441.