DATABASE AND WEBSITE FOR THE ELEPHANT TRADE INFORMATION SYSTEM (ETIS) ETIS DATABASE AND WEBSITE TERMS AND CONDITIONS Introduction Acceptance of the Terms and Conditions described in this document is prerequisite to any provision of data to or use of the Database for the Elephant Trade Information System (ETIS Database or Database) and its related website. The ETIS Database has been established to support the implementation of Resolution Conf. 10.10 (Rev. CoP15) of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The purpose of the ETIS Database is to allow States Parties (hereinafter Parties) and States not Party to CITES an opportunity to have an on-line data submission and use facility to enhance their participation in ETIS, to be able to access, review and download the data in ETIS which relates to their country at their own discretion, and to retrieve summary reports and other relevant outputs which may be available from time to time. The development and implementation of ETIS, as well as the programme on Monitoring the Illegal Killing of Elephants (MIKE), are guided and supported by the Parties to CITES, the CITES Standing Committee and its MIKE-ETIS Subgroup, and a MIKE-ETIS Technical Advisory Group (TAG). Development, management and coordination services for the ETIS Database are provided by the non-governmental organization TRAFFIC, in collaboration with the CITES Secretariat and in consultation with the TAG. Services provided by TRAFFIC in relation to the ETIS Database are overseen by the CITES Standing Committee, in particular its MIKE-ETIS Subgroup, in accordance with Resolution Conf. 10.10 (Rev. CoP15). License to use database Parties, and States not Party to CITES, own the intellectual property rights to any data in the database that they have submitted. The CITES Secretariat represents their interests with regard to ownership of the intellectual property rights of the data. The University of Reading owns the intellectual property rights for the database software hosting ETIS data. Subject to the license below, all of these intellectual property rights are reserved. Resolution Conf. 10.10 (Rev. CoP15) provides for Parties to complete and submit to the Secretariat a prescribed form within 90 days of a seizure or confiscation of ivory or other elephant specimens, for subsequent inclusion in the ETIS Database. The law enforcement agencies of States which are not Party to CITES are also requested to provide such data. The majority of data contained in the ETIS Database is submitted by Parties to CITES, usually through their CITES Management Authorities, but also by their law enforcement agencies. Resolution Conf. 10.10 (Rev. CoP15) furthermore provides that information on illegal trade in elephant products from other credible law enforcement and professional resource management bodies should be taken into consideration. As such, some data in the ETIS Database are generated from published records of elephant product seizures and from non-governmental organizations. Data are also submitted under an annual data exchange programme between ETIS and the World Customs Organization. Such data relate to seizures and confiscations of ivory or other elephant specimens. With respect to the data it submits, a Party or a State not Party to CITES may view or download its data, and print pages of its data from the Database. With the concurrence of other relevant Parties, a Party or State not Party to CITES may also access summary records of all seizures and confiscations in which it was identified as part of the relevant trade chain. Parties and States not Party to CITES may use the material in the Database for purposes consistent with the CITES objectives for ETIS, and for those purposes only. Parties, and States not Party to CITES, may: • copy and download the material from the Database that relates to their territory; • distribute the material from the Database regarding a seizure or confiscation made within their territory; • adapt material from the Database; • combine material from the Database with other information; and • distribute, communicate and show in public material from the Database, provided that CITES and ETIS are credited as the source of the material. Due to the confidential nature of the data, Parties and States not Party to CITES must not: • distribute material from the Database regarding seizures or confiscations not made by them; • republish material from the Database (including republication on another website or database); • sell, rent or sub-license material from the Database; and • reproduce, duplicate, or copy material from the Database for any commercial or non-commercial purpose not listed above. Restricted access Access to certain areas of the Database and its related website is restricted to Parties and States not Party to the Convention and their designated representatives. Other areas of the database and its related website are freely accessible. For example, a Party or State not Party to the Convention can access data and materials relating to or implicating their own territories, but cannot access data from other countries that do not implicate it or directories that relate to system administration, operational or analytical functions. If the CITES Secretariat, through a consultation process with the CITES Management Authority of a Party (or competent authority of a State not Party to CITES) validates any individual’s request to become a Data Provider, the relevant Management Authority or competent authority must ensure that this individual will only provide data to or use the Database in accordance with these Terms and Conditions. The CITES Secretariat may instruct TRAFFIC to disable access to the Database in the event of a security breach or similar incident that may compromise the security of the Database. Parties or States not Party to CITES shall be informed as quickly as possible about the reasons behind such actions. Acceptable use The Database must not be used in any way that causes, or may cause, damage to the Database or impairment of the availability or accessibility of the Database; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Parties and States not Party to the Convention must notify the CITES Secretariat of actions related to systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting), which they are undertaking or which come to their attention. User content In these Terms and Conditions, “Data Provider content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that is submitted to this Database in accordance with Resolution Conf. 10.10 (Rev. CoP15). Parties and States not Party to CITES grant TRAFFIC access to the data in the ETIS Database in accordance with Resolution Conf. 10.10 (Rev. CoP15) to measure and record levels and trends, and changes in levels and trends, of illegal trade in ivory; to assess whether and to what extent observed trends are related to changes in the listing of elephant populations in the CITES Appendices and/or the resumption of legal international trade in ivory; to establish an information base to support the making of decisions on appropriate management, protection and enforcement needs; and to build relevant capacity in range States. In this regard, TRAFFIC will provide comprehensive reports to each meeting of the Conference of the Parties and other outputs as instructed by the Conference of the Parties, the Standing Committee or its MIKE-ETIS Subgroup, the CITES Secretariat, the TAG or Parties. Access to this data by TRAFFIC is not to be used for any other purpose unless so requested by the Conference of the Parties, the Standing Committee or the Parties. Data Provider content must not be illegal or unlawful. TRAFFIC will strive to ensure data quality and engage with Parties or States not Party to CITES in the validation of all seizure records. In the event of any disputes concerning the editing or removal of any material submitted to the Database, stored on ETIS servers, or hosted or published on the Database or related website, the CITES Secretariat, in collaboration with the MIKE-ETIS Subgroup, will resolve them through negotiation, unless specific action is required to ensure the security of the Database. No warranties This Database is provided “as is” without any representations or warranties, express or implied. TRAFFIC, as the manager and coordinator of the ETIS Database in collaboration with the CITES Secretariat, the CITES Secretariat and the University of Reading as contributor of software used by the Database make no representations or warranties in relation to the Database or the information and materials provided on its related website. Without prejudice to the generality of the foregoing paragraph, TRAFFIC, the University of Reading and the CITES Secretariat do not warrant that: • this Database will be constantly available, or available at all; • the information on this Database is complete, true, accurate or non-misleading; or • the information on this Database is fit for a particular purpose. Limitations of liability Neither TRAFFIC, as the manager and coordinator of the ETIS Database in collaboration with the CITES Secretariat, nor the CITES Secretariat, nor the University of Reading as contributor of software used by the Database will be liable (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Database: • for any direct loss; • for any indirect, special or consequential loss; or • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if TRAFFIC, the University of Reading or the CITES Secretariat has been expressly advised of the potential loss. Exceptions Nothing in the disclaimers provided in these Terms and Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in those disclaimers will exclude or limit TRAFFIC’s or the University of Reading’s liability in respect of any: • death or personal injury caused by TRAFFIC’s or the University of Reading’s negligence; • fraud or fraudulent misrepresentation on the part of TRAFFIC or the University of Reading; or • matter by which it would be illegal or unlawful for TRAFFIC or the University of Reading to exclude or limit, or to attempt or purport to exclude or limit, its liability. Unenforceable provisions If any provision of the disclaimers provided in these Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of those disclaimers. Applicable Law Nothing in these Terms and Conditions should be read to alter the scope and application of intellectual property rights as determined under relevant laws, regulations and international agreements of the Parties or the States not Party to CITES. The Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly on 13 February 1946 will be applicable in respect to the role of the CITES Secretariat in all activities related to the Database. Breaches of these Terms and Conditions If these Terms and Conditions are breached, the CITES Secretariat will consult with Parties and States not Party to CITES on actions to deal with the breach, including suspending access to the Database, prohibiting access to the website, blocking computers using a particular IP address from accessing the Database, or contacting an internet service provider to request that it blocks access to the website. Entire agreement These Terms and Conditions constitute the entire agreement between a Data Provider to or user of the Database and the CITES Secretariat, on behalf of the Parties to CITES, in relation to use of this Database. Parties and States not Party to CITES, the CITES Secretariat and TRAFFIC shall carry out their respective responsibilities in accordance with the provisions of these Terms and Conditions. Ticking a box at the time an application to access the Database, as a Data Provider or as a user, is submitted indicates that these Terms and Conditions have been read and accepted. As mentioned above, acceptance of these Terms and Conditions is prerequisite to any provision of data to or use of the Database and related website.