Ocean Park Conservation Foundation, Hong Kong (OPCFHK) welcomes public access and use of the Marine Life Stranding Database and related materials that is published on OPCFHK’s website. The data are collected under the agreement Agriculture, Fisheries and Conservation Department (AFCD) to investigate the cetacean stranding cases in Hong Kong. Use of the data derived from the Marine Life Stranding Databse, which may appear in formats such as tables and charts, is also subject to these Terms and Conditions. If any datasets are credited to a source other than OPCFHK and AFCD, then those materials are not covered by these Terms and Conditions, and permission should be sought from the source provided. You are responsible for determining if this is the case, and if so, you are responsible for obtaining any necessary permission from the sources indicated.
By using the Marine Life Stranding Database or any presentations of data derived from them, you agree to be bound by and adhere to these Terms and Conditions, as may be amended from time to time by OPCFHK at its sole discretion.
1. Subject to these Terms and Conditions, OPCFHK grants to you the royalty-free, worldwide, non-exclusive right to use, extract, download, copy, distribute, display or include the Datasets and data contained therein in other products for research and education purposes ONLY.
2. Copyright in the Datasets remains vested in OPCFHK, and OPCFHK retains all rights not specifically granted hereunder.
3. By using the Datasets, you agree to appropriately acknowledge and provide attribution to OPCFHK in ALL USE.
4. As part of the Licensed Use, you may minimally alter or adapt figures and tables in the Datasets to match the style of your publication. Any other alteration or modification of the Datasets (including abbreviations, additions, or deletions) may be made only with the prior written authorization of OPCFHK.
5. You will not sell or otherwise transfer the Datasets and/or data contained therein to any third party, except upon agreement with OPCFHK. You will not use the Datasets for any other purpose and/or in any other manner than as expressly provided herein, nor attempt to de-anonymise the Datasets. Datasets shall not be used for or in conjunction with the promotion of a commercial enterprise and/or its product(s) or service(s), and/or in any way that suggests that OPCFHK endorses any specific company, products or services. Furthermore, you shall not use the Datasets in a manner that falsifies or misrepresents their content.
6. You shall not state or imply that OPCFHK endorses the manner or purpose of your use or reproduction of the Datasets, or that OPCFHK endorses any entity, organization, company, product or services.
7. Without the prior written approval of OPCFHK, you will not use the name (or any abbreviation thereof) and/or emblem of Ocean Park conservation Foundation, Hong Kong
8. If you wish to reuse material from the Datasets that is attributed to a third party, such as tables, figures or images, it is your responsibility to obtain permission from the copyright holder for such reuse. The risk of claims resulting from infringement of any third-party-owned component in the Datasets rests solely with the user.
9. OPCFHK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Datasets, any means of accessing or utilizing the Datasets with or without prior notice to you.
10. You agree to indemnify OPCFHK for, and hold OPCFHK harmless against, any claims and liabilities, including reasonable attornies' fees and costs, arising from your use of the Datasets and/or breach of these Terms and Conditions.
11. OPCFHK shall have the right to terminate this Agreement, and the licence and rights granted hereunder, at any time by written notice to you, without incurring any liability whatsoever to you or others. Furthermore, the licence and the rights granted under this Agreement shall terminate automatically upon any breach by you of the terms of this Agreement. Upon receipt of a written request from OPCFHK to that effect, you will promptly cease all use of, and destroy any and all copies of, the Datasets provided by OPCFHK.
12. Any dispute relating to the interpretation or application of these Terms and Conditions shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by OPCFHK.