Terms of use

 

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:

1. ​Participation in the Nairobi Work Programme (“NWP”) and/or contributing to the Adaptation Knowledge Portal constitutes agreement with the Terms of Use contained herein.
2. 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

3. 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.
4. 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.
5.  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.
6. 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.
7. 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

8. ​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 resel​l, 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.
9. 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.
10. 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.
11. 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.
12.  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”.
13.  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.
14. 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.
15. 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.
16. 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​

17. 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.​
18. 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

19. 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.
20. 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.
21. 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. 

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