Last Updated: November 12, 2020
Thank you for using ClimMob! We are happy you are here. Please read this Terms of Service agreement carefully before accessing or using ClimMob. Because it is such an important contract between us and our users, we have tried to make it as clear as possible.
You must provide a valid email address to complete the signup process. Any other information requested, such as your real name, could be optional.
We have a few simple rules for User Accounts on ClimMob's Service.
You are responsible for keeping your Account secure while you use our Service. We offer enough security for accessing your Account, but the content of your Account and its security are up to you.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service follows the laws and any applicable regulations.
You agree that you will not under any circumstances violate our Acceptable Use Policies.
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Alliance Bioversity-CIAT terms or policies.
You retain ownership of and responsibility for Your Content. If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us certain legal permissions, listed in Sections D.4 and D.5. These license grants apply to Your Content. If you upload Content that already comes with a license granting the Alliance Bioversity-CIAT the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 and D.5. The licenses you grant to us will end when you remove Your Content from our servers.
We need the legal right to do things like host Your Content, publish it and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you, your collaborators and assistants; parse it into a search index or otherwise analyze it on our servers.
This license does not grant the Alliance Bioversity-CIAT the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant the Alliance Bioversity-CIAT the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
If you believe that content on our website violates your copyright, please contact us at BioversityClimMob@gmail.com. If you are a copyright owner and you believe that content on ClimMob violates your rights, please contact us by emailing BioversityClimMob@gmail.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
The Alliance Bioversity-CIAT retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © The Alliance Bioversity-CIAT.
If you'd like to use ClimMob's trademarks, you must contact us at BioversityClimMob@gmail.com.
This Agreement is licensed under this Creative Commons Zero license.
The ClimMob service is free for now but this may change at any time. We, however, will notify you of any change under the terms listed in section M on this agreement.
It is your responsibility to properly cancel your Account with ClimMob. You can cancel your Account at any time. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request at BioversityClimMob@gmail.com within 90 days of cancellation, termination, or downgrade.
The Alliance Bioversity-CIAT has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Alliance Bioversity-CIAT reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Communications made through email or ClimMob Support's messaging system will not constitute legal notice to the Alliance Bioversity-CIAT or any of its officers, employees, agents or representatives in any situation where notice to the Alliance Bioversity-CIAT is required by contract or any law or regulation. Legal notice to the Alliance Bioversity-CIAT must be in writing.
ClimMob only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
The Alliance Bioversity-CIAT provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
The Alliance Bioversity-CIAT does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy outlined in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
If you have a dispute with one or more Users, you agree to release the Alliance Bioversity-CIAT from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that the Alliance Bioversity-CIAT (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases the Alliance Bioversity-CIAT of all liability); and (3) provides to you all reasonable assistance, at your expense.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days before the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Except to the extent applicable law provides otherwise, this Agreement between you and the Alliance Bioversity-CIAT and any access to or use of the Website or the Service are governed by the laws of Colombia, without regard to conflict of law provisions.
The Alliance Bioversity-CIAT may assign or delegate these Terms of Service and/or the Alliance Bioversity-CIAT Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you are void.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of the Alliance Bioversity-CIAT to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
This Agreement may only be modified by a written amendment signed by an authorized representative of the Alliance Bioversity-CIAT, or by the posting by the Alliance Bioversity-CIAT of a revised version following Section M. Changes to These Terms. These Terms of Service, together with the Alliance Bioversity-CIAT Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and the Alliance Bioversity-CIAT relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Please send us an email to BioversityClimMob@gmail.com