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Terms of Use



Please read these Terms of Use carefully before accessing or using this website. Your access to and use of the website and the information, materials, products, and services available through the site is subject to all applicable laws and regulations and to these Terms of Use, including any future modifications by us. By accessing or using this website, you acknowledge that, without limitation or qualification, you have read understood, and agreed to the Terms of Use agreement. If you do not agree with any part of these Terms of Use, you must not access or use this website.


User Rights

Cadasta Foundation (“Cadasta”, “we”, “our”, or “us”) owns the website located at Cadasta.org and http://platform.cadasta.org / (the “Site”). Cadasta owns or controls this Site, the computers hosting this Site, and the content provided on this Site, including text, graphics, materials, logos, artwork, computer code, and audio and video clips (“Content”). You may access this Site and download and print Content presented on this Site in accordance with the various provisions and restrictions contained within these Terms of Use. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of Cadasta. We neither warrant nor represent that your use of the Content will not infringe rights of third parties not owned by or affiliated with Cadasta. This Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Cadasta and/or other parties. Cadasta reserves all copyrights, trademark and other rights it has in all Content.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or exploit the Site or any service or information made available or offered by or through the Site. You also may not upload, post, email, transmit, or otherwise make available any pirated content or material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment related to this Site. You represent that you own the copyrights or hold all necessary rights to the information you upload. You represent and warrant that you possess the legal right and ability to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all use of this Site. You agree not to assign, transfer or sublicense user rights pursuant to this agreement.


Website Links

Cadasta makes no claim or representation regarding, and accepts no responsibility for, the quality, content or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site. Cadasta does not review or control any such linked website and we are not responsible for the content of any such linked website. We provide links in this Site to you as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked website or of any information contained therein. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. When using any linked website, you should review the applicable terms and policies of that website, including privacy and data gathering practices of that website. Users visit these third-party websites and use the information contained therein at their own risk.


Trademarks

Cadasta, the Cadasta logo, and any product or service names appearing on this Site are trademarks, service marks or registered trademarks or service marks of Cadasta or third parties, whether or not appearing in large print or with the trademark symbol. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Cadasta.


Submitted Information (including Non-Confidential Information)

With the exception of project-related information associated with land and resource rights, any communication or material you transmit to the Site, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary, unless provided pursuant to a license with Cadasta and not displayed for public use. Similarly, with the exception of project-related information associated with land and resource rights, anything you transmit or post other than provided pursuant to a license with Cadasta becomes the property of Cadasta and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, subject to any applicable terms in our Privacy Policy. Furthermore, with the exception of project-related information associated with land and resource rights, Cadasta is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, subject to any applicable terms in our Privacy Policy. Cadasta will use information provided pursuant to a license agreement with Cadasta as permitted by the license terms. Otherwise, ownership of project-related information associated with land and resource rights projects remains with the user of the Site, however, please note that if you choose to make information public, others may freely access and use such information and we have no control over such third party use. If you remove project-related information from the Site, we may retain a single copy of the information, not visible or downloadable by third parties, for a short period of time for security-related purposes.


Privacy Policy

By using the Site you acknowledge, agree, and consent to the collection, use, and disclosure of information as described in our Privacy Policy and any revisions of our Privacy Policy.
Click here to view the Privacy Policy.


Code of Conduct

By using the Site you acknowledge and agree, to abide by the principles in our Code of Conduct.
Click here to view the Code of Conduct.


Using the Platform and Site

We provide You with access to the Site and its contents in order to document the holding and usage of land and resource rights around the world. Your use of the Site does not give You any ownership rights in the intellectual property of the Site or in its contents. You agree to use the Site and its contents only for lawful purposes and not to defame, harass or threaten anyone or to make available any obscene, pornographic or offensive material. You agree that in using the Site You will not damage or impair the Site or anyone else’s use of the Site.

Except for items that are identified as being subject to additional restrictions as provided in these Terms of Use, and in any notice that may appear on the Platform with respect to specific content, You may use the Site and its content, and copy, adapt and distribute the content to others under this Creative Commons — Attribution 4.0 International — CC BY 4.0

You are solely responsible for Your use of the Site and all activity that occurs therein. You agree to indemnify, hold harmless and, at our request, defend Us and our related persons from all liability arising from Your use of the Site, Your User Content (as defined below), or Your violation of these Terms of Use.  We may suspend access to the Site if We suspect You or those using Your account are violating these Terms of Use or other policies referenced herein.

You can stop using the Site and its contents at any time, and We can modify and remove contents, or cease providing the Site and its contents at any time.

We may change these Terms of Use from time to time to reflect changes in the law and Site. You should review these Terms of Use regularly for any changes.  If You don’t agree with a change in the Terms of Use, You should stop accessing and using the Site.


Your Content

  • You may submit data, material, ideas and other information to Us for posting on the Site (“User Content”).
  • You retain ownership to all of Your User Content that You contribute to the Site, but by submitting Your User Content, and unless You have chosen to restrict Your User Content from being publicly accessible, You allow Us and all other users of the Site throughout the world to use, adapt and make Your User Content available to others, without any obligation to You, even if You stop using the Site as per provisions contained with these Terms of Use.



Third Party Terms

Cadasta incorporates data and information from, and is delivered using technologies supplied by, third party suppliers (“Third Party Providers”). In addition to the terms contained herein, You are responsible for reviewing and complying with the applicable use provisions found in the terms of such Third Party Providers. Below are links to some of the Third Party Provider terms. Your continued use of this Site indicates your acceptance of the Third Party Provider terms set forth therein.



Warranties and Disclaimers

CADASTA PROVIDES THIS SITE AND THE CONTENT ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. CADASTA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT AS TO THE CONTENT ON THE SITE. CADASTA DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE CADASTA ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, CADASTA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

CADASTA RESERVES THE RIGHT TO INTERRUPT OR DISCONTINUE ANY OR ALL OF THE FUNCTIONALITY OF THE SITE. CADASTA ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OF ANY OR ALL FUNCTIONALITY OF THE SITE, WHETHER THE RESULT OF ACTIONS OR OMISSIONS OF CADASTA OR A THIRD PARTY.

CADASTA RESERVES THE RIGHT TO LIMIT PROVISION OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION AND/OR TO LIMIT THE QUANTITIES OR ANY PRODUCTS OR SERVICES WE PROVIDE. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED.


Limitation of Liability

CADASTA WILL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, ADEQUACY, TIMELINESS, OR COMPREHENSIVENESS OF THE CONTENT CONTAINED IN THE SITE. CADASTA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE.

IN NO EVENT SHALL CADASTA BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THIS SITE OR CONTENT CONTAINED IN OR OMMISSIONS OF CADASTA OR A THIRD PARTY, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CADASTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTROS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS OF USE, YOUR MISUSE OF THE SITE, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.


Violation of these Terms of Use

Any unauthorized use of this Site or any Content will terminate your right to access this Site or use any Content as permitted by these Terms of Use and any such unauthorized use may violate applicable laws, including copyright laws, trademark laws or communications regulations or statutes. If Cadasta does take any legal action against you as a result of your violation of these Terms of Use, Cadasta will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination or limitation of your access to the Site as a result of any violation of these Terms of Use.


Waiver

No waiver by Cadasta, whether express or implied, of any provision of these Terms of Use shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms of Use. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use. Nor shall Cadasta be estopped from enforcing any provision of these Terms of Use. Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your access to the Site, and to block or prevent future access to and use of the Site.


Applicable Law and Venue

This Site and its Contents shall be governed by and construed in accordance with the laws of the United States of America and the State of Delaware, excluding its conflict of law rules. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your access to or use of this Site or any Content shall be filed only in state or federal court located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding.


Severability

If any portion of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible. Any unaffected provision of these Terms of Use shall remain in full force and effect.


Changes to Terms of Use

Cadasta reserves the right to modify these Terms of Use, in whole or in part, at our sole discretion. If we decide to change these Terms of Use, we will post those changes here. We encourage you to review the Terms of Use regularly in order to remain informed of any changes. Changes to these Terms of Use shall become effective as of the time they are posted to this Site. Your continued use of the Site will signify your continued agreement to these Terms of Use as they may be revised.


Contact Us

Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms of Use, please feel free to reach out to us at:

Cadasta Foundation
1110 Vermont Avenue, NW Suite #500
Washington, DC 20005
info@Cadasta.org
These Terms of Use were last updated in May 2016.

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