Pages: terms-of-use

Name: terms-of-use.aspx
Title: Terms of use
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Page Content: Terms of Use for Nairobi Work Programme
Partners and Adaptation Knowledge Portal Knowledge Resource
Contributors
 

 
 

These are the Terms of Use
under which you may join as a Nairobi Work Programme Partner or contribute to the
Adaptation Knowledge Portal. By joining as a Nairobi Work Programme Partner or participating
as a Knowledge Resource Contributor (“NWP Partner or Contributor”) to the Adaptation
Knowledge Portal (“Portal”), you are indicating your acceptance to be bound by
these Terms of Use.

 

I agree and accept the
following:

 


 
Participation in the Nairobi Work Programme (“NWP”) and/or contributing
to the Adaptation Knowledge Portal constitutes agreement with the Terms of Use contained
herein.
The UNFCCC name and logo are the exclusive property of the UNFCCC
secretariat. They are protected under international
law. Unauthorized use is prohibited. Registration or participation as a NWP Partner or Contributor does not constitute authorization to use, copy or reproduce the
UNFCCC name or logo. Any use, copying or reproduction in any way requires the
prior written permission of the UNFCCC secretariat. Requests for permission
should be sent to the Nairobi Work Programme team (nwp@unfccc.int).
 

 
 

Disclaimers

 




 


 
Per decision 2/CP.11  establishing the Nairobi
Work Programme, and references to partners and partnership in paragraph 19 of FCCC/SBSTA/2010/13
(Report of the thirty third meeting of the Subsidiary Body for Scientific and
Technological Advice), among others, the term “partner/Partner” and/or “partnership/Partnership”
as used in conjunction with the Nairobi Work Programme:  shall not be understood or interpreted to
create or imply a partnership in any legal sense including a pooling of
resources and sharing of risks; and shall not be construed as creating or implying a joint venture,
employment, franchise, agency, or any other form of legal relationship and/or association
between the UNFCCC secretariat and any NWP Partner or Contributor, including,
without limitation, under the Partnership Guidelines of the UNFCCC.
In participating as an NWP Partner or Contributor, the NWP
Partner or Contributor agrees to indemnify the UNFCCC secretariat and its
associated programmes from and against any and all actions, claims, losses,
damages, liabilities and expenses (including reasonable attorneys' fees)
arising out of the NWP Partner or Contributor’s engagement either in any networking
activities or with the Portal, including, without limitation, any claims
alleging facts that if true would constitute a breach by the NWP Partner or
Contributor of these Terms and Conditions. If the NWP Partner or Contributor is
dissatisfied with any Content or Material generated by or associated with the NWP
Partnership or the Portal, or with any of its Terms and Conditions of Use, the NWP
Partner’s or Contributor’s sole and exclusive remedy is to discontinue participation
and/or discontinue using the Portal.
 The NWP Partner of Contributor shall indemnify, hold and save harmless, and
defend, at its own expense, the UNFCCC secretariat, its officials, agents,
servants and employees from and against all suits, claims, demands, and
liability of any nature or kind, including their costs and expenses, arising
out of acts or omissions of the NWP Partner of Contributor, or the NWP
Partner’s or Contributor’s employees, officers, or agents in the performance of
this Agreement. This provision shall extend, inter alia, to claims and
liability in the nature of workmen's compensation, products liability and
liability arising out of the use of patented inventions or devices, copyrighted
material or other intellectual property by the NWP Partner or Contributor, its
employees, officers, agents, or servants. The obligations under this Article do
not lapse upon termination of this Agreement.
The NWP Partner or Contributor, registered or otherwise, is
responsible for its own communications and for the consequences of their communications,
and specifically acknowledges and agrees that the UNFCCC secretariat is not
liable for any communications or conduct of any other NWP
Partner or Contributor.
The UNFCCC secretariat reserves its exclusive right in its sole discretion
to change these Terms and Conditions at any time without prior notice. If
any part of these Terms of Use is found to be unenforceable, the remaining
portion will remain in full force and effect. If we fail to enforce any of
these Terms, it will not be considered a waiver. Please check the latest
information posted herein to inform yourself of any changes.
 


 

 
 

Use of the Portal

 


 
The UNFCCC secretariat administers the Portal (“Site Administrator”) and
maintains the Portal for the benefit of those NWP Partner or Contributor that
may choose to access the Portal. The UNFCCC secretariat grants permission to NWP
Partners or Contributors, when registered, to make use of the Portal to upload,
download and copy information, documents and materials (“Content”) from the
Portal for the NWP Partner’s or Contributor’s non-commercial use, without any
right to resell, redistribute, compile or create derivative works therefrom,
subject to the Terms of Use outlined herein, and subject to more specific
restrictions that may apply to specific material within this Portal, as well as
the UNFCCC website Terms of Use. All Content on and from the Portal and all NWP
Partners or Contributors using the Portal are subject to these Terms of Use.
The UNFCCC secretariat and its associated programmes provide no
guarantees or assurances as to the effectiveness or outcomes with respect to
the Portal or of the networking activities of the NWP Partners or Contributors.
Unless expressly stated otherwise, the NWP Partner or Contributor-submitted Content reflects the submissions of the NWP Partner or Contributor and does not necessarily
represent the views of the UNFCCC secretariat.
Nothing herein should be understood to create any financial or human
rights obligations on the part of the UNFCCC secretariat or its associated
programmes with respect to the NWP Partner or Contributor.
 In any press releases, communications or publications, the NWP Partner
or Contributor agrees that will be known as and refer to itself respectively as
“NWP Partner” or “Knowledge Resource Contributor”.
 In addition to these Terms of Use, Portal use is
also subject to our UNFCCC website Terms of Use including our Privacy Policy,
which is expressly made a part of our agreement with you and sets out how we
will process your personal information. When you agree to these Terms of Use,
you also agree to our Privacy Policy. It is important that you read the Privacy
Policy and only use the Platform if you understand and agree to be bound by the
UNFCCC website Terms of Use including our Privacy Policy.
Engagement as a NWP Partner or Contributor on the Portal is at the NWP Partner or Contributor’s sole risk. Under no
circumstances, including but unlimited to negligence, shall the United Nations,
UNFCCC secretariat, members of their staff, or their contractors be liable for
any direct, indirect, incidental, special or consequential damages, or any
financial or other consequences whatsoever arising from the use of the Portal or
the Content of the Portal, including the inappropriate, improper, or fraudulent
use of such Content.
Content may contain inaccuracies or typographical errors.
Content provided on and through this Portal is provided "as is"
without warranty of any kind, either express or implied, including without
limitation warranties of merchantability, fitness for a purpose, and
non-infringement. The UNFCCC secretariat specifically does not make any
warranties or representations as to the accuracy or completeness of any such
Content. The UNFCCC secretariat periodically adds, changes, improves, or
updates the Content of the Portal without notice.
Use of any password-protected area of the Portal is
restricted to the NWP Partner or Contributor that has registered or otherwise
been given permission and a password to enter such area. The password cannot be
distributed to others. The Registered entity is responsible for maintaining the
confidentiality of its information and password. The Registered entity shall be
responsible for all uses of its registration, regardless if authorized by this
entity. The Registered entity agrees to immediately notify the UNFCCC
secretariat of any unauthorized use of its registration or password.
 


 

Termination

 


 
The UNFCCC secretariat reserves its exclusive right in its sole discretion to alter, limit or discontinue the Portal or any Content in any respect. The UNFCCC secretariat shall have no obligation to take the needs of any NWP Partner of Contributor, registered or otherwise, into consideration in connection therewith.
The UNFCCC
secretariat reserves the right to deny in its sole discretion any NWP Partner
or Contributor, registered or otherwise, access to this Portal or any portion
thereof without notice and terminate without cause this Agreement immediately
at any time upon without incurring any liability whatsoever.
 


 


 

Settlement of Disputes

 


 
Amicable Resolution of
Disputes: Any dispute, controversy or claim arising out of
this Agreement or the breach, termination or invalidity thereof shall be
settled amicably. In the event of any dispute, controversy or claim, a Party
may in writing request the other Party to seek amicable settlement through
conciliation in accordance with the UNCITRAL Conciliation Rules then obtaining,
or according to such other amicable settlement procedure as may be agreed in
writing between the Parties.
Arbitration. Any dispute, controversy or claim between the
Parties arising out of this Agreement, or the breach, termination or invalidity
thereof, unless settled amicably within sixty (60) days after receipt by one
Party of the other Party’s request for such amicable settlement or the
completion of conciliation procedures, if commenced, shall be referred by
either Party to arbitration in accordance with the UNCITRAL Arbitration Rules
then obtaining.  The language of
arbitration proceedings shall be English. The decisions of the arbitral
tribunal shall be based on general principles of international commercial
law.  The arbitral tribunal shall have no
authority to award punitive damages.  In
addition, unless otherwise expressly provided in this Agreement, the arbitral
tribunal shall have no authority to award interest in excess of the London
Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall
be simple interest only. The Parties shall be bound by any arbitration award
rendered as a result of such arbitration as the final adjudication of any such
dispute, controversy or claim.
Nothing herein shall constitute or be considered to be a limitation upon
or waiver, express or implied, of the privileges and immunities of the UNFCCC
secretariat or the UN, which are specifically reserved.
 


 


Created at 04/04/2019 10:11 by Louis Pille-Schneider
Last modified at 05/04/2019 15:11 by Louis Pille-Schneider
 
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