The World Database of Key Biodiversity Areas™ Terms and Conditions of Use (also referred to as "User Agreement")
The terms outlined below relate to the responsibility of individual KBA Partners, and any third-party users for the data contained within The World Database of Key Biodiversity Areas™. This includes use of any data viewed in, or downloaded from, the KBA website or received by other means from the KBA Secretariat or Partners. This does not include a KBA Partner’s use of data over which they have intellectual property rights.
Use of these data including viewing them through the KBA Website constitutes your acceptance of these Terms and Conditions which take effect on the date from which you first use them.
This User Agreement sets forth the terms and conditions of a license to use The World Database of Key Biodiversity Areas™ as provided on the KBA Website (hereafter referred to as "The KBA Website"), and the data contained within it (“KBA Data”). For the purposes of this Agreement, KBA Data comprise all tabular, and all spatial and associated attribute, data contained within The World Database of Key Biodiversity Areas™. By accessing and/or using The KBA Website, you have read, consent and agree to comply with all of the Terms and Conditions of this User Agreement. The rights and obligations concerning use of The KBA Website in accordance with this User Agreement are personal to you and are not transferable to any other person or entity. From time to time, these terms and conditions of use of The KBA Website may be modified. Accordingly, please continue to review the terms and conditions whenever accessing or using The KBA Website, since any use by you after any such changes, modifications, or additions shall be governed by this User Agreement.
Copyrights and ownership
The KBA Website, the KBA Data and the KBA Database contains data, material and/or other proprietary information provided by the KBA Partners and third parties, and which are protected by intellectual property laws and regulations worldwide. The rights to the KBA Website and KBA Database are owned by BirdLife International. The rights to the KBA Data generated by the BirdLife International Partnership are licensed to BirdLife International. Each KBA Partner and third party whose data, material or other proprietary information is included in the KBA Database and KBA Website have authorized BirdLife International to include them in the KBA Database and KBA Website and to make them available to the public within the framework of the KBA Partnership solely for the purposes of permitting use in accordance with these terms and conditions.
You agree to not alter or remove any copyright symbol or other identification concerning ownership or authorship of any of the materials contained on or otherwise made available to you in The KBA Website.
No commercial use
Neither (a) KBA Data nor (b) any Derivative Works (as further defined in clause 5) may be put to Commercial Use without the prior written permission of the KBA Secretariat, which grants permission on behalf of the owners of the relevant intellectual property rights. For the purposes of these Terms and Conditions, “Commercial Use” 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. If you wish to use the information obtained from The KBA Website for such commercial purposes, you must obtain written permission by contacting the KBA Secretariat directly using the contact details below in section 16. However, the KBA Partners warrant that you are free to view and query The KBA Website, and place no restrictions on the identity of named KBAs and the criteria under which they qualify.
No reposting and/or redistribution
Except as provided in this section 4, all forms of reposting, and any sub-licensing, reselling, or other forms of redistribution or communication to the public of the KBA Data in their original format, either whole or in part, alone or combined with other data, are strictly prohibited without the prior written permission of the KBA Secretariat. You may not repost, or redistribute to any third party, the KBA Data in whole, or in part, by any means, including (but not limited to) electronic formats such as internet postings, web downloads, through web services, through interactive web maps that grant users download access, KML files or through file transfer protocols, 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 by the KBA Secretariat in writing.
If you wish to provide a service through which KBA Data are otherwise made available for reposting or otherwise made available for redistribution, you must obtain written permission by contacting the KBA Secretariat directly using the contact details below in section 16.
You agree to direct all requests from third parties for access to the data you obtained from The KBA Website to the KBA Secretariat at the address stated in section 16.
Notwithstanding this clause, and subject to the requirements of third-party content providers, donors and licensors, KBA Partners agree to grant BirdLife permission to license KBA Data for commercial use on their behalf via the Integrated Biodiversity Assessment Tool (IBAT), with the understanding that income thus generated will be allocated transparently in accordance with Art VI.H.m.
For the purposes of these Terms and Conditions, a “Derivative work” is a new work that is based upon all, or part, of the KBA Data. To be considered a Derivative work, 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 the KBA Secretariat as articulated under section 4.
Derivative works based on KBA Data may be distributed, including electronically or in print form, without prior written permission by the KBA Secretariat, provided that Derivative works are made available with a restriction on Commercial Use and that appropriate acknowledgement and citation to source and creator (in accordance with clause 7) is included. By using the KBA Data for any Derivative work, you grant the KBA Partners the right to use/reuse any of your Derivative work based on KBA Data in accordance with the same Terms and Conditions of Use.
Use of KBA Data in the creation of Derivative works does not constitute endorsement by the KBA Partners of any derived products, reports or analyses. The KBA logo and those of the KBA Partners must not be used on any derived products, reports or analyses, or supporting materials, without express (written) permission of the KBA Secretariat, which will consult with the KBA Partners on the use of their individual logos.
Provided that any use is otherwise in accordance with the Terms and Conditions of this User Agreement, you are hereby granted a non-transferable license to use, download and print the materials contained in The KBA Website, without requesting prior permission, solely for conservation or education purposes, scientific analyses, and research. Either an electronic copy or two paper copies of all products, reports or analysis published using KBA Data must be sent, free of charge, to the KBA Secretariat using the contact details below in section 16.
Acknowledgements and citation
The recipient of the data will provide full acknowledgement and citation (which includes reference to the version of the KBA Data used) in any materials or publications derived in part or in whole from the data. You must ensure that the following citation is always clearly reproduced in any publication or analysis involving the KBA Data in any derived form or format:
BirdLife International ([year e.g. 2017]). The World Database of Key Biodiversity Areas. Developed by the KBA Partnership: BirdLife International, International Union for the Conservation of Nature, Amphibian Survival Alliance, Conservation International, Critical Ecosystem Partnership Fund, Global Environment Facility, Global Wildlife Conservation, NatureServe, Rainforest Trust, Royal Society for the Protection of Birds, Wildlife Conservation Society and World Wildlife Fund. Available at www.keybiodiversityareas.org. [Accessed (please insert date of download dd/mm/yyyy)].
For any publications making significant use of the data, the KBA Partners welcome the opportunity for collaboration, and possible co-authorship, and to comment prior to publication. Expressions of interest can be sent directly to the KBA Secretariat using the contact details below in section 16.
KBA Data versions
Unless required to do so for specific analyses, you should not use any version of the KBA Data after it has been superseded by a subsequent version. It is your responsibility to check if a new version of the KBA Data is available.
Feedback and revised information
In order to keep the KBA Data up to date and accurate, KBA Partner organizations welcome feedback on the quality, reliability and accuracy of the data. Such contributions should be free of restrictions, and the KBA Partners commit to provide appropriate acknowledgement and credit for any such contributions. The objective is to improve the KBA Data for the benefit of the global conservation community. For information on providing data to KBA Partners for updating the KBA Data, please contact the KBA Secretariat directly using the contact details below in section 16.
Disclaimer on frontiers and national boundaries
The designation of geographical entities on The KBA Website do not imply the expression of, or represent, any opinion by the KBA Partners concerning the legal status of any country, territory or area, or concerning the delimitation of its frontiers or boundaries.
Disclaimer of Warranty; Limitations on Liability
Neither the KBA partners or their affiliates, or any of their respective employees, agents, third-party content providers, or licensors warrant that access to and use of the KBA website will be free from interruptions or free from errors, nor that any information accessible from or related to the data is free of viruses, worms, or other harmful components; no warranty is made as to the results that may be obtained from use of the KBA website, or as to the accuracy, reliability, or content of any information or service provided through the KBA website.
The KBA website is provided "As is" without any warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of marchantability or fitness for a particular purpose. In no event shall the KBA partners be liable to you or any other person or entity for any loss of business or profits, or for any indirect, incidental or consequential damages arising out of any use of, or inability to use, the KBA website even if the KBA partners were previously advised of the possibility of such damages, or for any other claim by you or any other person.
You further expressly acknowledge and agree that information, text, graphics, and hyperlinks provided to you through The KBA Website and located on other sites throughout the combined global electronic networks known as the Internet and the World Wide Web are provided solely as a resource and a convenience to you. Such hyperlinks to other sites are not an endorsement by the KBA Partners of those sites. The KBA Partners make no warranty, either express or implied, as to the accuracy, reliability, or content of such information, text, graphics, and hyperlinks. The KBA Partners have not tested any software located on other sites and it makes no representation as to the quality, safety, reliability or suitability of such software.
Under no circumstances shall the KBA Partners or their affiliates or licensors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use, non-use or reliance upon the KBA Data, or that result from mistakes, omissions, interruptions, deletions, errors, or defects in the Data, or delays in their operation, transmission or failure of performance.
You agree to defend, indemnify and hold the KBA Partners and their affiliates harmless from any and all damages, liabilities, costs and expenses, including attorneys' fees, related to any violation of this Agreement by you or any authorized users of your account.
The KBA Partners may terminate this User Agreement at any time, effective immediately, with or without prior notice to the other party. Termination of this Agreement automatically terminates your license to use the KBA Data and any content or other material contained therein. The provisions of Section 3, 4, 5, 6, and 7 shall survive any termination of this User Agreement.
Governing Law; Disputes
This User Agreement and all non-contractual or other obligations arising out of or in connection with it are governed by English law. Any dispute, controversy or claim arising from or connected with this User Agreement, including one regarding the existence, validity or termination of this User Agreement or the consequences of its nullity and any non contractual or other dispute (a “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.
The parties waive any right to refer points of law or to appeal to the courts, to the extent that such waiver can validly be made.
The provisions of this User Agreement shall inure to the benefit of the KBA Partners and their third-party content providers and licensors. No waiver by any party hereto of any of the provisions hereof or of any breach or other default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If you have any questions about any of these terms or how they may apply to your intended use of The KBA Website and the KBA Data, please contact the KBA Secretariat at firstname.lastname@example.org.