Terms and Conditions

Revised 5 January 2023

Read our Privacy Policy at

Welcome to the eButterfly.org website (“eButterfly” or “Website”). The following Terms of Service cover all use of the eButterfly website, smart device apps, APIs, and all content, services and products available at or through the websites and apps (collectively, the “Website”). The Website is owned and operated by a partnership between Montréal Space for Life, Vermont Center for Ecostudies, the University of Ottawa, and the University of Arizona. The Website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the eButterfly Privacy Policy (see ) and procedures that may be published from time to time on this Website.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, each user (“You,” “Your,” or “User”) agrees to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, You should not access the Website or use any services made available via the Website. The Website is available only to individuals at least 13 years old unless parental permission has been obtained.

  1. Your eButterfly Account and Site. If You create an account on the Website, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post content to Your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. eButterfly may, at its discretion, change or remove any content that it considers inappropriate or unlawful. You must immediately notify eButterfly of any unauthorized uses of Your account or any other breaches of security. eButterfly will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Contributors. If You post material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, You represent and warrant that:

    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

    • the Content is not spam and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

    • You will post only Content that is relevant to eButterfly and at a rate and volume that does not hinder other Users’ ability to use eButterfly;

    • the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

    • Your account details do not mislead others into thinking they represent another specific person or organization (unique pseudonyms are allowed). For example, Your login name is not the name of a person other than Yourself or a company other than Your own;

    • Your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, journals and websites, and similar unsolicited promotional methods.

  3. By submitting Content to eButterfly for inclusion on the Website, You grant eButterfly a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting Your observations via eButterfly. We might also use the Content for other purposes not subject to known legal restrictions, such as training machine learning models. You represent and warrant that (a) You own and control all of the rights to the Content that You post or You otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content You supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. If You delete Content, eButterfly will use reasonable efforts to remove it from the Website, but You acknowledge that caching or references to the Content may not be made unavailable immediately.Without limiting any of those representations or warranties, eButterfly has the right (though not the obligation), in eButterfly’s sole discretion, to terminate or deny access to and use of the Website to any individual or entity for any reason.

  4. Responsibility of Website Visitors. eButterfly has not reviewed, and cannot review, all of the material, including computer software, posted to the Website and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, eButterfly does not represent or imply that it endorses the material posted to the Website, or that it believes such material to be accurate, useful, non-infringing or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. eButterfly disclaims any responsibility for any harm resulting from the use by visitors of the Website, any mislabeling by Website visitors of observations, or from any downloading by those visitors of content posted to the Website.

  5. Non-Commercial Use. You agree not to use the Website, the eButterfly Service, or any eButterfly Content for commercial purpose or for any illegal, unlawful, inappropriate, or unauthorized purpose or activity. You further agree not to threaten, abuse, solicit, spam, harass, stalk, impersonate or intimidate other eButterfly Users and not to collect or store any location or other personal information about any eButterfly Users that You obtain from the Website, except for non-commercial scientific research, conservation, and species management or education purposes.

  6. Copyright Infringement and DMCA Policy. eButterfly respects the intellectual property rights of others and requests that Users of the Website and Service do the same. If You believe that Your work has been copied on the Website in a way that constitutes copyright infringement, please provide eButterfly’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is our policy to respond to clear Notifications of Alleged Infringement. Our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications we receive that are fraudulent or difficult to understand or verify. If You are concerned about the removal of or blocked access to Your content, please provide eButterfly’s Copyright Agent with a “Counter-Notification.” The process specified below is consistent with that provided under the Digital Millennium Copyright Act (the text of which can be found in the U.S. Copyright Office Website at http://www.copyright.gov).

Intellectual Property. All trademarks, service marks, graphics and logos used in connection with eButterfly or the Website are trademarks or registered trademarks of eButterfly. Your use of the Website grants You no right or license to reproduce or otherwise use any eButterfly or third-party trademarks. This Agreement does not transfer to You any eButterfly or third party intellectual property, and all right, title and interest in and to such property will remain solely with eButterfly or such owners.

Changes. eButterfly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. eButterfly may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. eButterfly may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your eButterfly account, You may simply discontinue using the Website and delete Your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is.” eButterfly and its suppliers and Members hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither eButterfly nor its suppliers or Members makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk.

Limitation of Liability. In no event will eButterfly be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. eButterfly shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) Your use of the Website will be in strict accordance with the eButterfly Privacy Policy (see ), with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless eButterfly, partners, their contractors, licensors and Members, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Website, including but not limited to Your violation this Agreement.

Open Source. You agree to indemnify and hold harmless eButterfly, its code contributors, its contractors, and its licensors and Members, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the publishing of eButterfly’s source code or the acceptance of code contributions from outside parties.

Miscellaneous. This Agreement constitutes the entire agreement between eButterfly and You concerning the subject matter hereof, and may be modified only by a written amendment signed by an authorized executive of eButterfly, or by the posting by eButterfly of a revised version of these Terms of Service. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign Your rights under this Agreement; eButterfly may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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