TERMS OF USE

The Global Learning and Knowledge Exchange Project of the Dedicated Grant Mechanism (DGM) is executed by the Global Executing Agency (GEA) under direction from the Global Steering Committee (GSC). Conservation International Foundation (CI) was selected through a competitive process as the GEA. The Global Executing Agency provides secretariat functions for the GSC. The GEA carries out the agreed activities of the Global Component and is responsible for the overall communications and outreach activities of the DGM, including maintaining the DGM Global website, www.dgmglobal.org.

Your use of the Conservation International Foundation ("CI") maintained website at www.dgmglobal.org and any other CI website featuring these Terms of Use (jointly "Websites"), including the content and other materials (including without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data sets, software, methods, inventions, sound files, other files and the selection and arrangement thereof and any other expressions of authorship) available on or through these Websites (together, "the Materials") is governed by these Terms of Use ("Terms").  By accessing and continuing to use these Websites, you acknowledge that you have read and agree to be bound by these Terms, which constitute a legal agreement (“Agreement”) between you and CI. 

Amendments to these Terms will be posted at this URL and will be effective when posted.  Your continued use of the Websites following the posting of any amendment, modification or change shall constitute your acceptance thereof.  If you have any questions regarding the Terms please contact CI at dgmglobal-info@conservation.org. 

In addition to these Terms, when using particular CI services, you agree to abide to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time.  All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.  You are responsible for regularly reviewing this Agreement, and CI reserves the right, at its sole discretion, to change, modify, add, remove, or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.

I. Use of Materials

A. Proprietary Materials

Unless indicated otherwise on the Websites, the Materials contained on the Websites are the property of CI, its licensors, collaborating organization or users and are protected by U.S. and international copyright, trademark and other intellectual property laws.  Unless indicated otherwise on the Websites, all downloadable Materials contained on the Websites are the property of CI and/or the person/entity posting such materials to the Websites, and, unless noted otherwise, CI is not responsible for the content of such Materials.  You acknowledge that you own or otherwise control all of the rights of the content that you post to the Websites, that the content is accurate, that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify CI and its affiliates for all claims resulting from content you supply.

B. Request for Permission

Unless indicated otherwise below, on the Materials, or separate terms applicable to certain Materials, we ask that you contact us at dgmglobal-info@conservation.org for permission for any reproduction, modification, distribution, public display or performance of such Materials. 

C. Downloadable Materials

You acknowledge that materials made available for download on the Websites are made available by the person and/or entity that posted such materials to the Websites and may be used, reproduced and distributed only in accordance with these Terms and such other terms as the person and/or entity that posted such materials may impose.  You agree that materials you download from the Websites will not be used, reproduced, or distributed by you for purposes of selling products or services and that you will not modify the Materials and will retain all copyright, trademark and other proprietary notices contained in the Materials intact.  In addition, you agree that the above-granted permissions with respect to downloadable Materials does not include permission for the public performance or public display of any Materials falling within this paragraph or making any derivative uses of such Materials. The permission granted herein is revocable at any time, with or without cause.

D. Downloadable Data Sets; Online Data Access

Data sets made available for public download or access on the Websites are owned by the data set creator/owner identified in the metadata of each respective data set. Unless indicated otherwise in separate data use terms and conditions, such data sets may be reproduced, distributed or used to produce and distribute derivative works, provided, however, that the data sets are appropriately attributed to the data set creator/owner as indicated in the metadata; the user informs the data set creator/owner via email at the email address indicated in the metadata about any use of the data sets in a publication or derived work; any digital object identifier (“DOI”) included in the data set remains intact; any modification of the original data set is clearly marked as a modification; works substantially derived from the data sets may be reproduced, distributed or used to produce and distribute derivative works under terms not less restrictive than these data use terms described in 1(d); and any distribution of data sets includes the following disclaimer of warranty: "These data sets are provided 'as is' and without any warranty of any kind, either express or implied, whether of title, of accuracy, of non-infringement, of the absence of errors, of fitness for purpose, or otherwise."

E. Unauthorized Use

You acknowledge that any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable laws and could result in criminal or civil penalties, and in accordance with Section X below, you agree to indemnify and hold CI harmless from any claims alleging such violations and/or from any such penalties.

II. Interactive Areas

The Websites may include blogs, user-generated content or other interactive areas or services ("Interactive Areas"), in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Websites ("User Materials"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Websites any of the following: 

A. User Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, offensive, hateful, embarrassing, sexually explicit, fraudulent or otherwise objectionable;

B. User Materials that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

C. User Materials that may violate, plagiarize, or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Materials, you represent and warrant that you have the lawful right to reproduce, publicly perform, publicly display and distribute such User Materials;

D. User Materials that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

E. User Materials that, in CI's sole judgment, may jeopardize or affect CI's tax exempt status, including but not limited to content on behalf of (or in opposition to) any candidate for public office, and content that contains propaganda or that otherwise attempts to influence legislation;

F. Promotions, advertising or solicitations;

G. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

H. Viruses, corrupted data or other harmful, disruptive or destructive files; and

I. User Materials that, in the sole judgment of CI, disrupt the normal flow of dialogue and/or exchange on the Websites, including posting or otherwise transmitting material that is not related to the subject at issue, are objectionable, or restrict or inhibit any other person from using or enjoying the Interactive Areas or the Websites, or may expose CI or its users to any harm or liability of any type.

Unless we indicate otherwise, by posting messages, creating or modifying a page, chatting, blogging, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication in any Interactive Area (individually or collectively “Communications”) to or through the Websites, you grant CI a nonexclusive, worldwide, royalty-free, perpetual, irrevocable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Materials on or in connection with the Websites and other CI promotional materials. You grant CI the right to use the name that you submit in connection with such User Materials. You represent and warrant that you own and control all of the rights to the User Materials that you post or you otherwise have the right to post such User Materials to the Websites; the User Materials are accurate and not misleading; and use and posting of the User Materials you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.  You will be responsible for your own Communications and the consequences of posting or otherwise transmitting those Communications.  CI does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by the users of  the Websites or endorse any opinions expressed by such users.

CI is not liable for any statements, representations or User Materials in any Interactive Area.  Although CI has no obligation to screen, edit or monitor any of the User Materials posted in any Interactive Area, CI reserves the right, and has absolute discretion, to remove, screen or edit any User Materials posted or stored on the Websites at any time and for any reason without notice.  Any use of the Interactive Areas or other portions of the Websites in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Websites.  CI does not claim ownership of User Materials.  CI may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Websites, including but not limited to www.dgmglobal.org, at its sole discretion, for any reason, whether with or without cause or warning, and without liability.  Your sole remedy against CI in the event of a dispute arising out of this Agreement , the Websites, or your use thereof, is to terminate this Agreement by ceasing your use of the Websites.  In the event of termination of this Agreement, CI may delete and/or store, in its discretion, data associated with your use of www.dgmglobal.org and other Websites. 

III. Copyright Complaints

CI respects the intellectual property of others, and we ask our users to do the same.  If you believe in good faith that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please provide CI's Copyright Agent the following information:

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

B. a description of the copyrighted work or other intellectual property that you claim has been infringed;

C. a description of where the material that you claim is infringing is located on the Websites;

D. your address, telephone number, and email address;

E. a 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;

F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. 

CI's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent General Counsel's Office Conservation International Foundation 2011 Crystal Drive, Suite 500 Arlington, VA 22202

By phone: (703) 341-2700

By email: copyrightagent@conservation.org

IV. Trademarks

The CI logo and name "Conservation International Foundation" and any other product or service name or slogan contained in the Websites are trade/service marks of CI, its licensors, or other respective owners, and may not be used without the prior written permission of CI or the respective owners.

V.  Links and Third-party services or products

You agree not to include any links to www.dgmglobal.org or any affiliated CI Websites in any website or materials you post, upload, or otherwise make available to others that suggest or imply CI's endorsement or approval of any product, position, entity or individual, or portray CI in a false, misleading, derogatory or otherwise defamatory manner, and any such website or materials may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. 

The Websites contains links to third party Websites ("Linked Websites") not under the control of CI, and CI is not responsible for their content or links contained in such Linked Websites.  CI does not intend links on the Websites to be referrals or endorsements of the linked Website providers, or their products or services, and such links are provided for convenience only.  Your use of the Linked Websites is at your own risk and subject to the terms and conditions of the providers of such Linked Websites.

By offering third-party products and services, including advertisements, on the Websites, CI makes no warranties or representations of any kind as to the content or suitability of the subject matter of any websites, product, or service from any such third party.  CI expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or website content of these and any other third parties, and you waive any claims against CI for damages arising from such transactions or your reliance upon statements contained therein.  You will not consider CI, nor will CI be construed as, a party to such transactions, whether or not CI may have received some form of revenue or other remuneration in connection with the offering of such products and/or services and/or with the transaction itself.  Any third-party product or service offering on  the Websites entails an offering solely by the third party making such offering, and CI is not responsible for any order or application processing, fulfillment, billing or payment request, or actual payment.  You agree that use of such third-party product or service is at your sole risk and is without warranties of any kind by us, expressed, implied, or otherwise, including, but not limited to, warranties of title, fitness for the purpose, merchantability, and/or non-infringement.  Under no circumstances is CI or any of its affiliates liable for any damages arising from the transactions between you and third parties found on  the Websites or for any information appearing on third-party websites or any other site linked from or to  the Websites.

VI. Privacy

Your use of the Websites, including www.dgmglobal.org also constitutes your agreement to the terms and conditions of CI’s Privacy Policy, which are incorporated herein by reference.  The Privacy Policy explains how CI collects, uses, and discloses information and materials it receives from you or collects through your use of the Websites, including any personally-identifiable information of its users.

VII. Service Deactivation

You agree that CI has the right, but not the obligation, to take any of the following actions in CI's sole discretion at any time and for any reason without giving you any prior notice:  change, refuse, move or remove any Materials and content that is available on or through the Websites; suspend or discontinue the Websites or any services offered through the Websites at any time without notice, including the availability of any website feature, database, or content; and to establish general practices and limits concerning use of the Websites. 

You agree that CI may take any of the above actions for any reason, including, but not be limited to:  breaches or violations of the Terms or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a request by you; discontinuance or material modification to the Websites (or any part thereof); and unexpected technical or security issues or problems. 

You agree that CI will not be liable to you or any third party for taking any of these actions.

VIII. Disclaimer of Warranties

YOUR USE OF THE WEBSITES, ITS SERVICES AND MATERIALS ON THE WEBSITES (JOINTLY "SERVICES") IS AT YOUR OWN RISK AND ALL SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND.  CI DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES, THE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.  CI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.  REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY CI.  TO THE FULLEST EXTENT ALLOWED BY THE LAW, CI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.

IX. Disclaimer of Liability

IN NO EVENT SHALL CI, ITS LICENSORS, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, THE SERVICES, THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CI, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

X. Indemnification

You agree to defend, indemnify and hold CI and its affiliates, service providers, licensors and their respective officers, directors, employees and agents (the "Indemnified Parties") harmless for damages, losses or any costs incurred by CI and its affiliates, including attorneys' fees, arising from or related to your use of the Websites or the Materials, any User Content you post, store or otherwise transmit on or through the Websites, or your use of or inability to use the Websites. 

XI. Entire Agreement AND SEVERABILITY

These Terms represent the entire Agreement between you and CI with respect to their subject matter.  No action of CI, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee of CI is authorized to waive it orally.  If for any reason a court of competent jurisdiction, any government agency or representative, or any self-regulatory organization finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

XII. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the District of Columbia, without regard to the conflict of law principles thereof.  Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the state or federal courts located in the District of Columbia, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.