Development by Design - Terms and Conditions For Data Use
1. INTRODUCTION
Access to Development by Design datasets and any other content accessible via this web application are provided with the understanding that you read and consent to be bound to the Terms and Conditions set out below. For the purposes of this Agreement, datasets comprise all the spatial data and associated attribute data available for download from this application.
Please read these terms and conditions carefully. If you do not agree to any of the terms and conditions do not download accessible data. By downloading you accept and agree to comply with the terms and conditions below.
2. OWNERS
The Nature Conservancy, Development by Design Program at its principal address of 117 E Mountain Ave, Suite 200, Fort Collins, CO 80524
3. LICENSE
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Owners grant to User a non-exclusive, non-transferable, non-assignable, non-sub-licensable license (the License) to use data for analyses by the User as it may be applicable to the User operations or land. Nothing in this Agreement gives User any right, title or interest in data, other than the License rights granted. The User recognizes and acknowledges ownership of data by the Owner, and agrees not to use, nor directly or indirectly permit the use of, data in any manner not expressly permitted by this License without the prior written consent of the Owner.
4. DISTRIBUTION LIBILITY
The Nature Conservancy makes no warranty, expressed or implied, as to the use or appropriateness of use of any distributed data, nor are there warranties of merchantability or fitness for a particular purpose or use. The Nature Conservancy shall not be liable for any lost profits or consequential damages, or claims against the User by third parties.
5. ACCESS CONSTRAINTS
The Nature Conservancy reserve all rights of these data provided. All data are provided as is. Unless otherwise specified in individual metadata, no data are of survey quality. The Nature Conservancy makes no warranty as to the currency, completeness, accuracy or utility of any specific data. This disclaimer applies both to individual use of these data and aggregate use with other data. It is strongly recommended that careful attention be paid to the contents of the metadata file associated with all downloaded data.
6. USE CONSTRAINTS
The Nature Conservancy shall not be held liable for improper or incorrect use of these downloaded data. The Nature Conservancy, its employees and agents, are indemnified and held harmless from any and all claims, liability, damages, injuries, and suits arising from the use of these data. Any sale, distribution, loan, transfer, assignment, or offering for use of these data, in whole or in part, is prohibited without the prior written approval of the Nature Conservancy. The use of these data to produce other GIS products and services with the intent to sell for a profit is prohibited without the written consent of The Nature Conservancy. All employees and agents of the User receiving these data must be informed of these restrictions.
7. ACKNOWLEDGEMENT
Any reports, maps, or other products derived from the Dataset shall acknowledge The Nature Conservancy, Development by Design Program as the data contributor by including the following citation:- [Insert Data Layer Name]. [Publication Year of Data]. The Nature Conservancy, Development by Design Program, Fort Collins, CO. Available at [URL of application] (Accessed on [Date Downloaded])
8. NO ENDORSEMENTS
The use of these data do not constitute endorsement by The Nature Conservancy the User, including but not limited to particular projects, publications, or presentations.
9. CHANGES TO THESE TERMS AND CONDITIONS
The Nature Conservancy reserves the right to vary these Terms and Conditions from time to time without notice. Therefore please ensure that you read these Terms and Conditions each time you download data. By downloading any data you signify your acceptance of the most recent version of these Terms and Conditions in full.