Public Data Terms of Use

Permission to use, copy and distribute NatureServe Data is hereby granted under the following conditions:

1. All publication, dissemination and other rights to NatureServe Data (hereinafter “Data”) are reserved to NatureServe in all languages, formats and throughout the world for the sole and exclusive use (or any other disposition) by NatureServe or their assignees or grantees at any time and from time to time without any obligation or liability to any user. 
2. The Data provided is for planning, assessment, and informational purposes only. Site-specific projects or activities should be reviewed for potential environmental impacts with appropriate regulatory agencies. If ground-disturbing activities are proposed on a site, the appropriate state natural heritage program(s) or conservation data center can be contacted for a site-specific review of the project area (see NatureServe's Network Directory to find a local program in your area).
3. Data is proprietary, and data users must take all means necessary to protect Data from misuse.
4. Copying in any form, distribution, posting, or publication of any Data provided by NatureServe, in whole or in part, in any format (journal article, public computer network, etc.) is not allowed without prior written permission from NatureServe. If permission is granted, data user must cite the source and version date of the Data in any posting or publication. In no instance should NatureServe Data be redistributed for commercial purposes.
5. NatureServe shall retain ownership of all materials or intellectual property developed by NatureServe as of the date these data were accessed, including, without limitation, all NatureServe trademarks, patents, copyrights, trade secrets, know-how, materials, standards, brochures, logos, or other intellectual property or proprietary rights, and all rights, title, and interest in and to Data. No interest whatsoever is conveyed to a user of the Data in right, title, and interest.  
6. If NatureServe grants permission, some Data may be downloaded to files and altered for analytical purposes, however the data should still be referenced using the citation below. 
7. Since Data is continually being updated, it is advisable that any downloaded data be refreshed at least every 12 months.

Citation

Any external products developed using this Data should include one of the following citations: 

For Data received outside of NatureServe Explorer or NatureServe Explorer Pro:
NatureServe. [YYYY]. NatureServe Network Biodiversity Location Data. NatureServe, Arlington, Virginia. NatureServe. YYYY. 

For Data obtained through NatureServe Explorer or NatureServe​​​​​​​​​​​​​​​​​​​​​ Explorer Pro:
NatureServe. YYYY. NatureServe Network Biodiversity Location Data accessed through NatureServe Explorer [web application]. NatureServe, Arlington, Virginia. Available https://explorer.natureserve.org/. (Accessed: Month DD, YYYY).

NatureServe’s logo (included here) should also be used on publications and products where the Licensed Dataset was used.  Contact NatureServe at DataSupport@natureserve.org for further guidance if there is a need to share NatureServe Data externally.

Use NatureServe’s NatureServe Network logo on external products that include Data.

Warranty Statement

These Data are dependent on the research and observations of many scientists and institutions and reflect our current state of knowledge. Many areas have never been thoroughly surveyed, however, and the absence of known occurrence data in any particular geographic area does not necessarily mean that species or ecological communities of concern are not present. Likewise, data that indicate a low probability of occurrence do not guarantee that a species or ecological community of concern is not present. These data should not be regarded as a substitute for on-site surveys required for environmental assessments.  If ground-disturbing activities are proposed on a site, the appropriate NatureServe Network Program should be contacted for a site-specific review of the project area. For contact information, go to the NatureServe Network Directory at: https://www.natureserve.org/ns-network-directory.

Information Warranty Disclaimer

All Data provided by NatureServe are provided "as is" without warranty as to the completeness, or accuracy of any specific data. NatureServe hereby disclaims all warranties and conditions with regard fitness for a particular purpose. In no event shall NatureServe be liable for any special, indirect, incidental, consequential damages, or for damages of any kind arising out of or in connection with the use or performance of information contained in NatureServe Data. 

Other Local Data Resources 

NatureServe Network Programs are located in each U.S. and Canadian jurisdiction (states, provinces, territories, and the Navajo Nation), and employ staff that have expertise on the status and location of imperiled species and ecosystems occurring in their local jurisdiction. In addition, these Network Programs may have other data resources not available in the Licensed Dataset (e.g., migratory routes, observations for wide-ranging and widely distributed species, etc.), therefore NatureServe strongly recommends consulting with contributing Network Programs (https://www.natureserve.org/ns-network-directory) when making conservation management decisions, especially when they impact species or habitats at a local site.

Trademark Notice

"NatureServe", NatureServe, NatureServe Explorer, The NatureServe logo, and all other names of NatureServe programs referenced herein are trademarks of NatureServe. Any other product or company names mentioned herein are the trademarks of their respective owners.

Copyright Notice

Copyright © NatureServe, 2550 South Clark Street, Suite 930A, Arlington Virginia 22202, U.S.A. All Rights Reserved. Each document delivered from this server or web site may contain other proprietary notices and copyright information relating to that document. The citation provided above should be used in any published materials which reference the web site.

Privacy

How NatureServe Explorer uses your information: NatureServe will use, at its discretion, personal information including the name, email address and other (optional) information you provide when creating your User account for the following purposes: 1) to register you as a User; 2) when applicable, to associate your User account with an organizational subscription to access data under a restricted data use license; and 3) to provide you with updates and information about website content and services.
 Who NatureServe Explorer shares the information with: NatureServe may share the information you provide when creating your User account with partner organizations from the NatureServe Network who serve as data providers and curators in the following situations: 1) to complete your request to access data under a restricted data use license; 2) to complete your request for  information about website content and services; or 3) to share your information with governmental or law enforcement bodies in response to a legal or official request, or when we believe you have acted in violation of our Terms of Use.
To de-activate your user account, contact NatureServe.

NatureServe Standard Data License Terms of Use

Partners who access restricted data must agree to a standard data license.

Data License Template

NatureServe Policy for Acceptable Uses of Network Data

The following section defines the ways NatureServe staff can use Network Program data (including, but not limited to, use of Element Occurrences (EOs), Source Features, and Observations) shared with NatureServe, as well as products derived from Network Program data (including, but not limited to, species habitat models, range maps, ecological system data, analyses, and other derived products). These “acceptable uses of Network data” are guided by terms outlined in the Data Sharing Agreements in place between most Network Programs and NatureServe, and data sharing rules documented by Network Programs in the Data Provider Portal. They encompass both acceptable external uses of Network data, including with external partners, and acceptable internal uses. 

“Internal” means NatureServe staff. “External” refers to sharing of Network Program data with other Network Programs or third parties. Specific guidance related to acceptable external uses of Network data and acceptable internal uses of Network data are outlined below. 

Acceptable External Uses of Network Program Data  

The following are allowable external uses of Network Program data as defined in NatureServe’s standard licensing agreement. Written permission by Network Programs is not required for:

1. Data Defined as Public in the Data Provider Portal.  
2. General Data Use: Use of Network Program data to generate general (non-precise) maps, statistics, or statements is allowable as long as the external product does not present the data in a way that will compromise any species, habitat, or ecosystem. 
3. Groups of Species: Images that include the precise mapped locations or precise model outputs for Level 2 groups of species can be shared externally at any scale or precision (see list of Level 2 groups below). If NatureServe requires reporting on species groups not included on this list, we will contact Network Programs.

   LEVEL_2

   • Vertebrates 
   • Mussels, Snails, & Other Mollusks
   • Crayfish, Shrimp, & Other Crustaceans
   • Insects - Bees
   • Insects - Beetles
   • Insects - Butterflies and Moths
   • Insects - Caddisflies, Mayflies, and Stoneflies
   • Insects - Damselflies and Dragonflies
   • Insects - Flies
   • Other Invertebrates - Terrestrial/Freshwater
   • Invertebrates - Marine
   • Vascular Plants - Ferns and relatives
   • Vascular Plants - Conifers and relatives
   • Vascular Plants - Flowering Plants
   • Nonvascular Plants

4. Images of Single Species/Natural Communities:  

   1. Images that include the precise mapped locations or precise model outputs for a single species, or natural community, can be shared externally at a fixed scale of 1:5,000,000 or coarser scale. If the scientific and common names, and other identifying information (e.g., species type) for the species, are excluded from the image it can be shared externally at any scale.

   2. Images of maps that display presence/absence of individual species or natural community at the scales of U.S. County, 8-digit Hydrologic Units, or any type of grid cell unit larger than or equal to a 343 square mile area, can be shared externally. Exception would be species excluded from being shared at a 343 square mile area in the Data Provider Portal.

5. Any external uses that do not fall into the “allowable external” uses defined above require written permission or notification (as determined by Network Programs). 

Allowable Internal Uses of Network Program Data

Below are allowable ways for NatureServe to use EO/Observation data internally.

1. Conservation Rank Evaluations

   NatureServe Science staff regularly review EO/Observation data in central Biotics when reviewing/updating Global Conservation Status Ranks, including through use of the Rank Review tool.

2. Species Habitat Models & Range Maps

   NatureServe staff may use EO/Observation data contained in central Biotics to internally set up, run, and review species habitat models and create range maps. Any external sharing of EO/Observation as part of the development and review of species habitat models or range maps must comply with data sharing rules defined by Network Programs in the Data Provider Portal.  

   In the case of externally sharing species habitat models, if the Data Provider Portal rules for a jurisdiction prohibit NatureServe from sharing the full precise model, the modeling team will request written permission from the jurisdiction, re-run the model without EO data from that jurisdiction, or clip out the portion of the model that occurs in that jurisdiction. 

3. Ecosystem/habitat data

   NatureServe Science staff may utilize community EOs that are contained in the central Biotics system to label them to standard classification concepts and combine those with other observations to nationally map distributions of the standard classification concepts, upgrade our IVC Granks, refine and standardize EORANK criteria, and help build ecoregional distribution maps. The primary use of species EO data is for overlays with mapped ecosystem distributions to help document habitat relationships.

4. Other EO derived products or analyses 

   NatureServe staff may use EO/Observation in other types of analyses including in estimating fees that require knowing percentage of EOs being requested, and other internal analyses that inform assessments, statistics, or reports.

Enforcement of External Use Data Licensing Terms

To further protect Network Program precise/sensitive data, NatureServe will adhere to the following policies and procedures. 

NatureServe will: 

1. Never provide data to a person or organization that intends to redistribute the data for commercial purposes  
2. Always provide precise/sensitive NatureServe Data under a data license agreement and include data use terms defined in the data license template linked above. 
3. Ensure all users of precise/sensitive EO data complete NatureServe’s online Data Use Training that includes an overview of data, appropriate data uses, and information about the proprietary and sensitive nature of NatureServe nonpublic/precise NatureServe Data. 
4. Notify NatureServe Network Programs and take action to address all instances where NatureServe becomes aware that a Data user has breached the terms of a data licensing agreement, up to and including recovery of damages and termination of the data license.  
5. Prior to expiration of a data license agreement, contact the Data user to ensure that its license agreement is extended, or work with the Data user to ensure Data are deleted from their local systems once the license expires.