state: november 2018

1. General

   1. Biolovision. The following Terms of Use (the ToU) shall apply to the Services (and any local adaptation thereof) accessible without limitation at https://data.biolovision.net, and the mobile application "NaturaList" accessible on various app stores, which are digital platforms allowing theirs users to collect, register and synchronize geolocalized, faunistic, floristic and wildlife, data and information (the Platforms), and any other products and/or services available at the same URL addresses (together the Services), which are provided by Biolovision Sàrl, 3 rue Proz de Conthey, 1957 Ardon (Biolovision).
   2. Acceptation of the ToU. Any access or use of the Services are subject to these ToU as may be amended from time to time. Anyone who accesses, browses and/or uses the Services through whatever platform acknowledges to have read, understood and agreed to these ToU and the Privacy Policy accessible at https://data.biolovision.net/privacy.
   3. Links to third party platforms. The Services may contain links to third party platforms maintained by other content providers. Biolovision hereby disclaims any representations and warranties regarding the content or accuracy of materials on such third-party platforms.
   4. Amendments. The ToU may be amended from time to time and such amendments shall be notified to visitors on the Platforms and through their Account (see definition under Section 2.1) to Users (see definition under Section 2.2). By continued access or use of the Services after any amendment of the ToU, visitors and Users agree to be bound by any such amendment.

2. Registration

   1. Account. Certain Services and sections of it require the registration of an account (the Account) and to sign-in before they can be used. By registering an Account or using the Services through any other means, Users warrant that they are of legal age and have unrestricted legal capacity in their country of domicile or residence or that he duly obtained the consent of their legal representative(s).
   2. By registering an Account, you become a registered user as Normal User or User with additional rights (together the Users). The Normal User can in principle transmit data through/to/on the Platforms, export his/her own data, and see authorized data via the mobile application "NaturaList" or any local partner Services with a search function. Some Users may have additional rights. They have in principle the same powers as a Normal User, but may also see some or all the data, including the hidden one, as well as contact an observer for more information about a sighting, or mark a data as “to be checked”, to put a comment visible from the observer or visible by the validation committee only. He may also have extra rights, as well as can give the different rights to edit text, access protocols, see hidden data, add information to pages, see and modify personal data of the Normal Users and contact them.
   3. Accuracy. Users warrant that all information provided to Biolovision in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.
   4. Confidentiality. Users agree to keep their login and password confidential. Users acknowledge that Users are fully responsible for the use that is made of their Account, including any third party use irrespective of whether Users authorized such use or not. Users shall be fully liable for any losses and/or damages that may result from any such use. Users agree to immediately notify Biolovision of any unauthorized access or use of their Account or any other breach of security.

3. User Content

   1. User Content. Users are granted the possibility to post on, transmit through, or link from the Services text, files, images, photos, videos, or other materials (the User Content). Notably without limitation, a User can describe to other Users a wildlife observation with photos, videos and short description text.
   2. License on User Content. Users hereby grant Biolovision a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, and any intellectual property rights related thereto, to use the User Content in connection with the Services and in accordance with the Privacy Policy available at https://data.biolovision.net/privacy.
   3. Responsibility. Users understand and agree that all User Content posted on, transmitted through, or linked from the Services, are the sole responsibility of the User from whom such User Content originates. Biolovision has no liability related to the User Content, whether arising under intellectual property, unfair competition and price indication laws, libel, privacy, obscenity, or otherwise.
   4. No obligations. Biolovision reserves the right (but not the obligation) to take any action with respect to the User Content, if Biolovision believes that it may create liability for Biolovision or may cause Biolovision to lose the services of Biolovision Internet service providers or other suppliers and/or providers.
   5. No warranties. Biolovision cannot, nor do we undertake any obligation to, control the User Content. By its very nature, the information in the User Content is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. Biolovision does not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor does Biolovision undertake to verify, update or correct such information. Biolovision also does not make any representation or warranty, express or implied, regarding any User Content. Biolovision reserves the right to adjust, refuse or remove any User Content at Biolovision’s sole discretion, in particular to comply with any applicable law.

4. Use of the Services and license

   1. License. Subject to the Users compliance with the ToU, Biolovision grants Users a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Services for, notably without limitation, allowing Users to collect, register and synchronize geolocalized, faunistic, floristic and wildlife, data and information through/to/on the Platforms.
   2. Restrictions. To the extent permitted by applicable law and unless otherwise agreed with Biolovision, Users are not allowed to (i) copy, modify or create derivatives of the Services, in particular of the App; (ii) resell, transfer, assign, lease, lend, or license the Services, in particular the mobile application "NaturaList", to third parties; and (iii) deep-link, reverse engineer, disassemble or monitor (e.g. spider, scrape) the Services, in particular the mobile application "NaturaList". Without prejudice to the ToU, Biolovision and/or its licensors reserve all rights on the Services not expressly granted herein.
   3. No obligations. Biolovision shall have no obligation to monitor the use of the Services or to edit, review or modify any content of the Services. Biolovision reserves its right to edit, review or modify the content of the Services without prior notice at any time notably without limitation for purposes of compliance with the ToU or any applicable law. Biolovision reserves its right to investigate on any infringement or behavior affecting the Services. Biolovision reserves its right to cooperate with competent authorities in case of violation of any applicable law.
   4. Representations and warranties of Users. Users represent and warrant that their use of the Services, and that their User Content, shall not (i) infringe, or cause a third party to infringe, any applicable law or regulation; (ii) infringe any intellectual property right, or other proprietary right or right of publicity or privacy (iii) use their Account and the Services for any unlawful purpose; (iv) be defamatory or trade libelous; (v) be obscene or contain pornography; (vi) include incomplete, false or inaccurate information about themselves or any information about any other individual, company or other legal entity; (vii) be inadequate or inadequate language and (viii) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

5. Intellectual property

Ownership of Biolovision. Without prejudice to Section 5.2, Biolovision and its licensors own the copyright and all intellectual property rights in and to the Services and on the content published on and/or through the Services, or have acquired an appropriate consent or license from third parties.

6. Privacy and data protection

Privacy Policy. Biolovision Privacy policy is accessible at https://data.biolovision.net/privacy.

7. Suspension and termination of use

   1. Suspension and termination. Users agree that Biolovision may, at Biolovision’s sole discretion, temporarily or permanently suspend, cancel or terminate their Account, and/or their access and/or use to all or part of the Services, with or without notice and for any reason, including, without limitation, breach of these ToU, without incurring any liability. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating their relationship and may be referred to appropriate law enforcement authorities. Upon suspension, cancellation, or termination, their right to access and/or use the Services will immediately cease, and subject to applicable law, Biolovision reserves the right to remove or delete any information and/or content, in particular the User Content, including any Account or login information.

8. No warranties and liability

   1. No warranties. Users agree that their access and use of the Services shall be at their sole risk and liability. Users acknowledge that the content of the Services is provided to them "as is" and "as available", and that to the fullest extent permitted by applicable law, Biolovision disclaims all warranties, express or implied, in connection with the Services and their access and use thereof.
   2. No further representations and warranties. Furthermore, Biolovision makes no warranties or representations about and bears, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the Services, notably User Content, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) the Users’ access or use of the Services; (b) any unauthorized access or use of any and all data and/or personal information stored through or on the Services; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the Services.
   3. No liability. To the extent permitted by applicable law, Biolovision waives all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, notably User Content, provided on or otherwise in connection with the Services.

9. Indemnification

Indemnification. Users shall defend, hold harmless and indemnify Biolovision for any claim, demand, dispute, litigation, damage or loss (including reasonable attorney’s fees) incurred by Biolovision from another User of the Services or a third party arising out of the Users’ access and use of the Services and/or any infringement of the ToU.

10. Miscellaneous

Miscellaneous. If any provision of these ToU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.

11. Contact

Contact. If Users have any questions regarding the Services, or the ToU please contact Biolovision at support@biolovision.net.

12. Governing law and jurisdiction

    1. Governing Law. These ToU shall be governed by and construed in accordance with Swiss substantive law, without reference to its conflict of laws provisions.
    2. Jurisdiction. Any dispute or difference arising out of or in relation to these ToU shall be subject to the exclusive jurisdiction of the competent courts of Wallis, Switzerland, subject to the right of appeal to the Swiss Federal Tribunal.