Terms of Use

Please read these Terms of Use carefully before accessing or using this website, app, or any other of Cadasta’s tools and platforms where these Terms of Use reside, collectively referred to as our “Cadasta Platform” which includes, without limitation, http://cadasta.orghttps://platform.cadasta.org; https://maps.cadasta.org/; https://cadasta.maps.arcgis.com/, the Cadasta Surveys, Survey123, ArcGIS Collector, ODK and GeoODK Mobile Applications; and all other Cadasta Foundation websites or online services.  Your access to and use of the Cadasta Platform 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 the Cadasta Platform, you acknowledge that, without limitation or qualification, you have read, understood, and agreed to the Terms of Use, including the disclaimers of certain warranties, damage and remedy exclusions, and choice of Delaware law to govern disputes relating to these Terms OF USE. If you do not agree with any part of these Terms of Use, you must not access or use this site. Cadasta reserves the right to modify these Terms of Use without notice, 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. Any such change, modification, deletion, augmentation, or alteration to these Terms of Use shall become effective as of the time they are posted to this website and the Cadasta Platform. Your continued use of the Cadasta Platform will signify your continued agreement to these Terms of Use as they may be revised.

Privacy

We value and respect the privacy of users of the Cadasta Platform and have implemented a set of procedures and safeguards designed to protect your information and your privacy.  We strive to be open and transparent about our collection, use, disclosure, and protection of your information.  If you ever have any questions or concerns, please contact us at privacy@cadasta.org.

By using the Cadasta Platform 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.

License and User Rights

Cadasta Foundation (“Cadasta”, “we”, “our”, or “us”) owns or controls the Cadasta Platform and the content provided by Cadasta on the Cadasta Platform, excluding User Content, but including text, graphics, files, works of authorship, materials, logos, trade names, artwork, digital downloads, data compilations, computer code, and audio and video clips provided or made available by Cadasta (“Content”). You may access the Cadasta Platform and download, and print Content presented on the Cadasta Platform in accordance with the various provisions and restrictions contained within these Terms of Use.

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. The Cadasta Platform 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, excluding User Content.

You may not probe, scan or test the vulnerability of the Cadasta Platform or any network connected to the Cadasta Platform, nor breach the security or authentication measures on the Cadasta Platform or any network connected to the Cadasta Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Cadasta Platform or exploit the Cadasta Platform or any service or information made available or offered by or through the Cadasta Platform. 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 the Cadasta Platform.

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 the Cadasta Platform in accordance with all terms and conditions herein. You represent and warrant that you have any required permissions to collect and provide any personal information, data, and User Content that you are uploading to the Cadasta Platform and that you are in compliance with all applicable laws, rules, regarding such personal information, data, and User Content.  You agree to be financially responsible for all use of the Cadasta Platform. 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 third party content accessible on the Cadasta Platform, websites accessible by hyperlink from the Cadasta Platform, or websites linking to the Cadasta Platform. 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 the Cadasta Platform 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.

Ownership and Intellectual Property

Except as otherwise provided herein, any materials that you can access on the Cadasta Platform, including, but not limited to, any Content (herein collectively “Cadasta Materials”) are the property of Cadasta (or its licensors) and are protected by U.S. and/or international intellectual property laws including, but not limited to, copyright, trademark, patent, trade secret and other laws.

Cadasta hereby grants you a limited, revocable, nonsublicensable license to access the Cadasta websites, mobile apps, and other digital properties, and any Cadasta Materials contained therein (excluding any software and/or trade secrets), solely for your non-commercial use in connection with using such sites or, with our express written permission, for authorized commercial purposes in furtherance of our mission. You may not download, copy, replicate, save, archive, transfer, display, upload, modify, distribute, disseminate, publish, transmit or retransmit, sell or re-sell, or otherwise use any such Cadasta Materials for any commercial purpose without explicit written permission from Cadasta.  Such limited license shall be subject to these Terms of Use.  Licensees of certain aspects of the Cadasta Platform, including Esri-based tools and GIS suite, may be subject to supplemental license terms.

The use or misuse of these Cadasta Materials, except as permitted herein, is expressly prohibited and may be in violation of intellectual property 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.  Cadasta diligently enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its copyrights, trademarks, and trade names.

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 Cadasta Platform, 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. Furthermore, with the exception of project-related information associated with land and resource rights (for which you set permission levels), Cadasta is free to use any ideas, methodologies, concepts, data, know-how, or techniques  contained in any communication you send to the Cadasta Platform (including your User Content as defined below) 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, without payment to you. Cadasta will use information that is 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 Cadasta Platform, 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 Cadasta Platform, we may retain a single copy of the information, not visible or downloadable by third parties, for internal or security-related purposes.

DMCA Take-down procedure

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who have a good faith belief that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Cadasta Platform in a way that constitutes copyright infringement, please provide the Cadasta copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Cadasta Platform; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Cadasta actual knowledge of facts or circumstances from which infringing material or acts are evident. Cadasta’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Tony Piaskowy 

Address: 1775 I St NW, 8th Floor, Washington DC 20006

Telephone: 202.649.0164

Email: tpiaskowy@cadasta.org

Cadasta may, under appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the Cadasta Platform.

In certain circumstances, Cadasta may not be providing or hosting the material found on the Cadasta Platform; rather, third parties may be providing and hosting such materials (such as videos hosted on an unaffiliated third party website like YouTube). Such third parties may have their own DMCA Take-Down Procedures, and therefore would be able to address your concerns, including the removal of your material from their servers (which could cause such materials to become inaccessible from the Cadasta Platform).

Code of Conduct

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

Using the Cadasta Platform

We provide You with access to the Cadasta Platform and its contents in order to document the holding and usage of land and resource rights in the territories we serve around the world. Your use of the Cadasta Platform does not give You any ownership rights in the intellectual property of the Cadasta Platform or in its contents. You agree to use the Cadasta Platform 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 Cadasta Platform You will not damage or impair the Cadasta Platform or anyone else’s use of the Cadasta Platform.

You are solely responsible for Your use of the Cadasta Platform 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 Cadasta Platform, Your User Content (as defined below), or Your violation of these Terms of Use.  We may suspend access to the Cadasta Platform 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 Cadasta Platform and its contents at any time, and We can modify and remove contents, or cease providing the Cadasta Platform and its contents at any time.

We may change these Terms of Use from time to time to reflect changes in the law and Cadasta Platform. 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 Cadasta Platform.

Your Content

You may submit data, material, ideas and other information to us for posting on the Cadasta Platform (“User Content”).  You retain ownership of your User Content, and you have the right to set permission and privacy levels in your User Content that you contribute to the Cadasta Platform. However, by submitting your User Content, you hereby grant Cadasta a limited license to use your User Content in connection with the Cadasta Platform and subject to any limitations as described hereunder (including limitations with regard to project-related information associated with land and resource rights, for which you set permission levels).  Unless you have chosen to restrict your User Content from being publicly accessible, you allow us and all other users of the Cadasta Platform in any territory to use, adapt and make your User Content available to others, without any obligation to you. To the extent your User Content has been incorporated into data sets or is retained by us or others pursuant to our Privacy Policy, our use and others’ use of your User Content may continue even if you stop using the Cadasta Platform.

Warranties and Disclaimers

CADASTA PROVIDES THIS SITE, THE CADASTA PLATFORM, CONTENT, AND ANY CADASTA MATERIALS 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CADASTA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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 MAKES NO WARRANTY THAT (i) THE CADASTA PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) THE CADASTA PLATFORM, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE DATA AND/OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CADASTA PLATFORM WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CADASTA PLATFORM WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS ENCOUNTERED ON THE CADASTA PLATFORM WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CADASTA OR FROM YOUR USE OF THE CADASTA PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. CADASTA ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY INTERRUPTION OR DISCONTINUANCE OR ANY OR ALL FUNCTIONALITY OF THE SITE, WHETHER THE RESULT OF ACTIONS OR OMISSIONS OF CADASTA OR A THIRD PARTY. FURTHER, CADASTA IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY CONTENT ACCESSIBLE OR OTHERWISE LOCATED ON THE CADASTA, PLATFORM WHETHER POSTED BY CADASTA, BY THIRD PARTIES, OR FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE CADASTA PLATFORM, OR ANY THIRD PARTY SITES. CADASTA DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THIRD PARTY CONTENT AND IS NOT RESPONSIBLE FOR ANY HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL, OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE CADASTA PLATFORM OR IN CONNECTION WITH ANY THIRD PARTY CONTENT. CADASTA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CADASTA PLATFORM.

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 or 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 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 omissions of Cadasta or a third party, even if we are advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above.  In those jurisdictions, our liability shall be limited to the extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Cadasta, its officers, directors, employees, agents, contractors, suppliers and third party partners from and against all liabilities, claims, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from or arising out of any violation by you or these Terms of Use, your misuse of the Cadasta Platform, or your violation of the rights of any third party.

Violation of these Terms of Use

Any unauthorized use of the Cadasta Platform or any Content will terminate your right to access the Cadasta Platform 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 Cadasta Platform 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 Cadasta Platform, and to block or prevent future access to and use of the Cadasta Platform.

Applicable Law and Venue

The Cadasta Platform 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 the Cadasta Platform 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.

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

1775 I St NW, 8th Floor, Washington DC 20006

info@Cadasta.org

These Terms of Use were last updated in May 2021.