END USER LICENSE AGREEMENT / TERMS OF USE


Generally, What Stuff Means (there will be a test):

EULA a/k/a Terms of Use = an end user license agreement (this document you are reading right now) which is a contractual agreement between the provider of products and services (here, provider = BIP) with the people using those products and services (here, end user = you)

BIP = Bee Informed Partnership (pun intended, clearly), which is the trade name for The Bee Informed Partnership, Inc., a 501(c)(3) organized under the laws of the State of Maryland and certified tax exempt by the Internal Revenue Service; sometimes referred to herein as “We” or “Us” or “Our”

End User= You and any other person who accesses the Internet via the world wide web to use the Site (defined below)

Data = raw (unprocessed) information about bees and beekeeping including without limitation, responses, electronic hive monitoring device data, geolocation data and results from lab tests derived by physical samples of submitted field specimens

Materials = information (sometimes including raw Data), documents, products and services provided on and through this Site, logos, graphics and images

Services = anything we provide that you use including, without limitation, all online tools, applications, surveys, associated analytical operations and lab diagnostic services, and any other online device or instrument available for use on our Site

Site = beeinformed.org

Terms of Use a/k/a EULA = the provisions in this EULA that explain what users and BIP can and cannot do and will and will not promise

THE TERMS AND CONDITIONS SET FORTH BELOW GOVERN YOUR USE OF THIS SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND BIP AND GOVERN YOUR ACCESS TO AND USE OF THE SITE TOGETHER WITH ALL ONLINE TOOLS, APPLICATIONS, SURVEYS AND ASSOCIATED LAB DIAGNOSTIC SERVICES, AND RELATED INFORMATION AND SERVICES.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR CONSENT TO ALL TERMS SET FORTH HEREIN. BIP MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME AND YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE CONSENT TO THE TERMS, AS AMENDED.

THE SHORT VERSION: This EULA is intended to make clear the rights, protections, and obligations that both BIP and you have with regard to the products and services made available by BIP. If you, end user, do not think something is clear or correct, then you proceed at your own risk; if you click through to the site past this EULA you are agreeing to everything this EULA says. If you do not agree with what this EULA says or do not like bee puns, do not continue reading and do not click through to the Site.

THE LONG VERSION:

Bee Real Don’t Steal or Misbeehive

The Materials are the sole property and copyrighted and/or trademarked work of BIP or third parties, for example, BIP’s licensors, suppliers, and contributors. Except as otherwise set forth in this EULA or specifically agreed in writing by BIP or the third party, you acknowledge and agree that you have no right to receive any direct or indirect financial benefit as a result of downloading, caching, borrowing, modifying, editing, copying, reproducing, creating derivative works of, reverse engineering, altering, enhancing or in any way using any of the Materials.

You promise not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state and national laws and regulations. When using this Site, you agree not to upload any materials or data or take any actions that are inappropriate or disruptive to this Site as determined in BIP’s sole discretion. If you are not sure what is inappropriate or disruptive (ask your parent(s)); also, the list below provides examples but it is not complete or exclusive.

Misbeehiving Includes Without Limitation:

  • Posting off topic information or messages
  • Using racially, ethnically, or otherwise offensive language
  • Inciting illegal activity
  • Using explicit/obscene language or soliciting or uploading sexually explicit images (actual or simulated).
  • Uploading anything that exploits children or minors or that depicts cruelty to animals
  • Uploading anyone’s personal information that you do not have authority or permission to upload
  • Uploading any copyrighted or trademarked materials without the express permission from the owner
  • Using any robot, spider, scraper or other automated means to access the Site
  • Taking any action that imposes an unreasonable or disproportionately large load on our Site infrastructure.

Thanks FYI

You agree that BIP may use including, without limitation, collect, store, analyze and distribute the data you share with BIP including, without limitation, results from BIP’s analysis of your submitted data. Submitted Data is any information you give to us. All Data submitted may be used for internal, public, private and academic use by BIP which seeks to improve honey bee health through research. You agree that your individual Data, or as part of an aggregate, may be displayed on the BIP Site as well as through third party content providers including but not limited to other websites, native apps, magazines, newspapers, academic papers, and anyone else with whom BIP collaborates.

What We Do and Don’t Do

We do share your Data with the public.

We do not sell or trade on personal identifying information. You may, at your discretion, enter or provide geolocation data and other personal identifying information, and if you do, we are permitted to share it with collaborators and third parties with whom we work to grow, improve, and build our Services.

We do try to innovate. BIP may, in the future, offer new Services and/or new features or tools as part of existing Services. Your use of such new Services, features and tools shall be subject to these Terms. Your continued use of the Site after the introduction of new features and/or services constitutes your acceptance of these Terms. Such new features and/or services may be offered free of charge or for a fee that you will be asked to pay in advance in order to use such new services.

We do have absolute control over whether you are permitted to continuing using our Site. BIP reserves the right to terminate your access to your account and your ability to access the Services with or without cause and with or without notice, for any reason or no reason, or for any action by you that BIP determines is inappropriate or disruptive to this Site or to any other user of this Site. BIP may report to law enforcement authorities any actions that may be illegal, and any reports it receives of allegedly illegal conduct. When legally required or at BIP’s discretion, BIP will cooperate with law enforcement agencies. BIP has no obligation to monitor, police or remove any information, date or materials submitted by you or any other user.

We do try to be diligent about removing Materials or Data that we have confirmed, in our sole discretion, are inappropriate. That being said, we do not guarantee that you will not be offended, confused, or generally bothered by Materials or Data on the Site or that you will not disagree with us.

We do send you emails when we deem it helpful or necessary and your use of the Site and provision of your email address and us of the Site is your consent to receiving emails from us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you acknowledge that electronic communication (rather than by mail or other delivery means of communication is acceptable as means of communication.)

We do not have control over and do not ensure the accuracy, appropriateness, timeliness, usefulness for any purpose or general efficacy, or any other characteristic of the content of the Materials or Data or any submission including, without limitation, third party content, contained on this Site. This Site is for sharing; your use of this Site is at your own risk. It is our goal and we do our best to verify and authenticate the Data, Materials, and submissions, but user-generated submissions may include inaccuracies, typographical or other errors, or incorrect or inappropriate information or visuals for which we are not responsible.

We do not promise that anything on our Site will improve your business. Data and Materials on the Site are for educational purposes only. The Materials and Data presented are based on submissions of a group- not the entire beekeeping community -and may not be representative of the beekeeping population at large. The Materials and Data simply highlight differences in the sample population. The results cannot be considered conclusive, causative, protective, or attest to product efficacy or lack of efficacy.

We do not save, protect, archive or otherwise ensure the continued availability or retrievability of your submitted Data or Materials. We recommend that you make copies of or keep notes relating to any Data or Materials you share with us. In the event of unforeseen destruction or degradation of part or all of the BIP Site or database, BIP cannot and does not promise that your submitted data will be retrievable. In the event that BIP chooses to phase out any of its Services and, as a result, there is a loss of access to Data or any Materials comprised in whole or part from your Data, BIP will try to notify users in advance of the phase out date of the Service, but BIP cannot guarantee advance notice will be given or received.

We do not check other sites that may be linked to our Site. Our Site may be linked to other sites either by BIP, BIP Contributors or the general public (users like you) by various means, whether through posted comments, forums or emails. BIP is not responsible for the linked sites including, without limitation, the content, security, or operation thereof.

We do not represent or warrant that the Site or Services thereon will be available on a continuous basis as there may be outages for maintenance and other circumstances beyond our control.

We do not impliedly endorse any products, service providers, or anything or anyone simply by referencing them on our Site and we are not responsible for your satisfaction with any such service, provider, or product that you find through our Site.

The Upgrade and Limited License

BIP offers premium subscriptions to our Services available on the Site for a fee. If you purchase a premium subscription for any of the Services, you are expressly agreeing that BIP is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur. By inputting your credit card information, you agree that we can charge your credit card. Paid subscriptions to certain Services are for a certain period of time as indicated in the description of the subscription. If payment is not received or cannot be charged to your credit card for any reason in advance of the applicable subscription period, BIP reserves the right, in its sole discretion, to suspend or terminate your access to the Services. All fees are non-refundable. We may send you emails which include notices about applicable fees and charges, transactional information and other information concerning or related to our Services. If you have purchased a paid subscription to the Services, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period unless you have terminated your subscription prior to the next renewal period. You may terminate your subscription to the Services at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. But, any subscription fees you have already paid, whether you have completed the subscription period or not, will not be refunded. You acknowledge and agree that BIP will automatically charge your credit card on record with BIP for the then current subscription period upon the commencement of any renewal period.

Any Materials you use that are the product of premium and/ or paid services of the site (the “Premium Materials”) may not be shared with third parties without express consent from BIP. BIP grants you a limited, personal, non-exclusive and non-transferable license to use, to display, and to make one copy of the Premium Materials and to use the Services on this Site solely for your personal beekeeping use or your internal business use Premium Materials may be used in presentations in both academic and public settings exclusively for not-for-profit, educational use.

LIMITATIONS ON LIABILITY

IN NO EVENT SHALL BIP OR ANY AFFILIATED INSTITUTION BE LIABLE FOR ANY CAUSE OF ACTION, INJURY, DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER CLAIM WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSSES (COLLECTIVELY, THE “LOSS” OR “LOSSES”) ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THIS SITE, SERVICES, DATA, MATERIALS, OR ANY INFORMATION, PRODUCT OR RESOURCE WHICH YOU MAY ACCESS THROUGH A LINK OR STATEMENT ON OUR SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT A JURISDICTION DOES NOT ALLOW ANY ONE OR MORE OF THE LIMITATIONS CONTAINED HEREIN, ALL OTHER LIMITATIONS WILL BE APPLICABLE AND ENFORCEABLE.

IN THE EVENT OF LITIGATION, ALL DISPUTES WILL BE RESOLVED IN MARYLAND, WITHOUT REGARD FOR THE AMOUNT IN CONTROVERSY OR DIVERSITY OF THE PARTIES.

IN NO EVENT SHALL BIP’S TOTAL LIABILITY EXCEED FIFTY DOLLARS ($50.00). ALL PARTIES AGREE THAT THE FOREGOING AMOUNT SHALL BE LIQUIDATED DAMAGES DUE TO THE DIFFICULTY OF DETERMINING THE VALUE OF AN ACTUAL LOSS AND THAT FIFTY DOLARS ($50.00) IS FAIR AND REASONABLE COMPENSATION FOR ANY SUCH ALLEGED LOSS. NONETHELESS, EVEN IF FIFTY DOLLARS ($50.00) IS DETERMINED TO BE INSUFFICIENT, ALL FOREGOING LIMITATIONS ON DAMAGES, INCLUDING AS TO AMOUNT, SHALL APPLY.

Survival

If any provision, in whole or part, of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

In the event of a conflict between this EULA and any statement, representation, or other information found on the Site, this EULA will control.