CAREC Information Portal
TERMS AND DEFINITIONS
Platform or CAREC Information Portal, an information system designed to support Users in accessing, analyzing and visualizing publicly available climate change data in order to raise awareness, assess and make decisions, located at: http://centralasiaclimateportal.org/.
Owner - "Regional Environmental Centre for Central Asia” nonprofit institution is the sole owner of all exclusive rights to the Platform as an intellectual property object.
User - a capable individual or legal entity acting through his/her/its authorized representative.
Contribution - any information created by Users on their own behalf or on behalf of the represented legal entity in the course of using the Platform.
User's personal data - the following information (list of personal data) related to the User, including, without limitation: last name, first name, patronymic (if any), IIN, birth date, place of work and position, postal address (residence address, registration address, home phone number, work phone number, cell phone number, e-mail address(es), other information received by the Owner in the process of providing access to the Platform, as well as changes and (or) additions occurring in them in the future, recorded on the electronic, paper and (or) other material media.
- viewing information and materials posted on the Platform;
- registration and/or authorization on the Platform;
- placement or display on the Platform of the Contribution and any other materials, including, without limitation: texts, hypertext links, images, audio and video files, information and/or other information;
creates a civil contract in accordance with the provisions of Articles 395 and 396 of the Civil Code of the Republic of Kazakhstan.
By using any of the above options for using the Platform, you confirm that:
- a) You have read the provisions of these Terms in full prior to using the Platform.
- b) You accept all liabilities set forth in these Terms in full without any exceptions and restrictions on your part, and you agree to comply with them or stop using the Platform. If you do not agree with the provisions of these Terms or are not entitled to enter into a contract based thereon, you should immediately stop any use of the Platform.
- c) The Terms (including part thereof) can be changed by the Owner without any special notice. Any update to these Terms will require Users to renew their consent or disagree with them when they first log into the Platform after the changes take effect. New version of the Terms shall come into force from the moment it is posted on the Platform or brought to the attention of the User in another convenient form, unless otherwise provided by the new version of the Terms. Users who are logged in at the time of the changes are considered to be in compliance with the latest version of the Terms to which they agreed.
The Owner perform non-commercial activities through the Platform consisting in transparent services of public interest in accordance with the requirements/taking into account the requirements of international sponsors and stakeholders.
1. CAREC Information Portal Purpose and Scope
CAREC Information Portal is an online platform providing comprehensive, latest climate change data and information linked to high quality datasets from global, regional and local sources. The Platform provides analytical tools and interfaces for visualizing and interpreting data and information. The Platform is combined with GeoPortal, an integrated geospatial information management system for managing and publishing geospatial data. The Platform is also integrated with databases - a component that collects, stores and provides documents, articles, educational materials, media, contacts and all the necessary information.
CAREC Information Portal guarantees the safety of intellectual property objects and ensures the recognition of the authors’ merits for the provided knowledge, using international metadata standards such as Dublin Core. The Platform is integrated with a number of web services listed in these Terms and must interact with other platforms in order to comply with these purpose and scope.
2. Intellectual Property Objects
- Exclusive rights to the Platform codes, infrastructure, design and services, as well as their selection and location, belong solely to the Owner in the form of intellectual property objects. These intellectual property objects are under legal protection in accordance with the legislation of the Republic of Kazakhstan and international legislation on intellectual property.
- The Owner grants the User a free non-exclusive license to use the Platform in the form of access to the Platform materials and creating Contributions. You agree not to copy, republish, create, download, transfer, modify, rent or lease, borrow, sell, transfer, distribute, license, sublicense, reverse engineer, create derivative works based on information contained or offered on the Platform, except as expressly provided in these Terms or by obtaining the written consent of the Owner. Furthermore, you agree not to use any data mining tools, robots, or similar methods of collecting and extracting data from the Platform.
- The Owner makes the source code of the software freely available under the terms of the GNU General Public License v.3 https://www.gnu.org/licenses/gpl-3.0.en.html.
- User Generated Content: the person posting the content will be the sole owner of the intellectual property associated with your Contribution to the Platform. At that, on the basis of a non-exclusive, unlimited, worldwide, royalty-free license, he/she agrees to transfer to the Owner the right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, make available to the public and/or include your Contribution in other works in any medium, for the full duration of your exclusive rights to the Contribution.
Any information related to the Platform, including, without limitation, graphic images, design, audio, animation, video, compilation, magnetic translation, digital transformation, other information, as well as arrangement of such information, are protected by the legislation of the Republic of Kazakhstan on copyright, trade mark and other legislative acts providing legal protection of intellectual property objects. You are strictly prohibited from copying, re-dissemination, using or posting any such material or any part of the Platform. You do not acquire exclusive rights to any information, document or other materials available through the Platform.
4. Use of Software
The Software and accompanying documentation that is made available to download from the Platform is the copyrighted work of the Owners. If you do not agree to such terms, you will not be able to use the Platform’s software. By uploading any information to the Platform’s software, you expressly represent and guarantee that you have the right to upload such content for the purposes of the Platform and that you provide any User of the Platform with the rights on such information as provided in these Terms. You also represent and guarantee that the uploaded content has been verified in accordance with applicable quality standards and internal checks, including scientific accuracy, at your institution or by an external review. If you create information of experimental nature or pending quality and accuracy verification, this must be expressly disclaimed. You are solely responsible for the licensing of any information shared through, tagged within, displayed in and uploaded to the Platform through your account, including, without limitation, copyright compliance, dissemination, visibility and usability of the information. You are responsible for the correct attribution of the information shared through, tagged within, displayed in and uploaded to the Platform through your account and of the accuracy of associated metadata. The User assumes full responsibility for any omission and incorrect or partial information provided while sharing through, tagging within, displaying in and uploading any information to the Platform, whether intentionally or unintentionally. The Owner disclaims any liability related to importing, tagging, sharing, displaying and migrating from the Platform the content that was provided in violation of the law or with errors. The User must inform the Owner of any facts of violation of the law that was committed by the User when providing the Owner with information and amend and/or delete the information, the violation or error within 30 days from the moment when such violation became known.
In order to become a registered User and/or Administrator, the user must complete the registration process in accordance with the instructions for using the Platform.
6. Information Provided by other Users and Third Parties
The placement by Users of Contributions and other information on the Platform is approved by the Owner through its employees or other authorized persons. The Owner may refuse to post information of the User if such information violates provisions of the legislation of the Republic of Kazakhstan, as well as generally accepted standards of morality and ethics. The Owner can also refuse to post information on the Platform at its own discretion without explaining the reasons.
At that, the Owner is not responsible for the content of such information and its availability for other Users and third parties. The User is personally responsible for improper addition and use of information on the Platform, as well as for any resulting violations in relation to the information posted.
7. Services Provided by Third Parties
8. Limited Right to Use
The User's access to the Platform means only viewing, printing or downloading any information, graphics, form or document in the form of only a limited, non-exclusive license to use access to the Platform by the User for personal purposes. The User does not have the right to republish, distribute, transfer, assign, sublicense, sell, prepare derivative works or otherwise use the information posted on the Platform. No part of any information, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, except for your personal use (but not for resale, subsequent licensing or dissemination). The rights granted to the User represent a limited non-exclusive license, not a transfer of exclusive rights to the Platform.
9. Editing, Deleting and Modification
The Owner reserves the right to process any documents, information or other content appearing on the Platform in its sole discretion, given the proper consent by the Users by reading, understanding and agreeing to this Terms.
10. Liability and exemption from liability
Neither the Owners, nor their representatives, employees and/or subcontractors shall be liable to Users or any other party for any claim, loss, demand or damage arising out of or in connection with the use of the Platform or information, content or materials created and included to the Platform by the User or any of his/her/its representatives, employees and/or subcontractors. The User agrees to guarantee compensation for damage, release from liability and provide legal protection to the Owner and its partners, authorized attorneys, employees and affiliates in case of any liability, losses, claims and expenses, including reasonable amounts of expenses for legal services related to the User's violation of these Terms and as a result of other unlawful acts committed while using the Platform.
11. Age Limit
The User confirms that he/she/it has reached the lawful age in accordance with the legislation of the Republic of Kazakhstan and is not recognized by the court as incompetent or partially incompetent. The User confirms that he/she/it has full authority to represent the legal entity on behalf of which the Platform will be used. The User is also liable for monitoring his/her/its sessions of using the Platform and for preventing minors from using the Platform. The User agrees to be fully liable for any damage caused through his/her/its account.
12. Inalienability of rights to access the Platform
The User's right to use the Platform is non-transferable. Any account data, permission or right granted to the User to work on the Platform are not transferable. The User does not have the right to transfer his/her/its account for use to another natural or legal person without the Owner’s permission. The User is liable for monitoring his/her/its sessions of using the Platform and agrees to be fully liable for damage caused by actions through his/ her/its account.
13. Modification of the Terms
The Owner has the right to amend, edit and cancel any part or all of these Terms at its sole discretion, by duly notifying the Users, who must read and decide on the extension or termination of their consent.
14. Personal Data of the Users
- By joining these Terms, the User expresses his/her/its consent and gives permission to the Owner to collect and process his/her/its Personal Data, as well as consent to the transfer, cross-border transfer (if necessary) of the User's personal data to suppliers, partners of the Owner and authorized attorneys of the specified persons for the purposes specified in these Terms.
- Personal Data processing means actions (operations) with Personal Data, including storage, modification, addition, use, dissemination, depersonalization, blocking and destruction, including the transfer of Personal Data to suppliers, partners or other persons in the process of providing access to the Platform. On the basis of a confidentiality agreement concluded with third parties, the Owner has the right to entrust them with processing, cross-border transfer (if necessary) of the Users' personal data solely for the purpose of providing access to the Platform and to achieve the purposes specified in these Terms.
From the moment the User joins these Terms, the Owner collects, processes the User's personal data, and takes other actions necessary to protect the Personal Data. By joining these Terms, the User expresses his/her/its consent and does not object to the fact that the Owner has the right to attract third parties, including partners and (or) representatives, to collect, process Personal Data, as well as take other actions necessary to ensure access to the Platform and achieve the purposes specified in these Terms.
Collection, processing and cross-border transfer (if necessary) of the User's Personal Data is performed by the Owner for the following purposes, including, without limitation:
in order to ensure proper access to the Platform, as well as the rights and liabilities assigned to the Owner by the legislation of the Republic of Kazakhstan;
for the purposes of internal control and accounting of the Owner;
for judicial and extrajudicial protection of the Owner's rights: in case of violation of liabilities under the relevant transactions; in case of disputable situations, including disputable situations with third parties;
to conduct research aimed at improving the Platform’s quality;
for statistical research, verification, research and analysis of the data obtained, allowing the Owner to maintain, improve and develop new features of the Platform.
When transferring Personal Data to the Owner through open communication channels, the User understands and assumes the risk of unauthorized receipt by other persons and the associated consequences. The Owner shall not be responsible for the unauthorized receipt of Personal Data by other persons during their transmission through open communication channels.
The Owner shall ensure confidentiality of the User's personal data, taking into account section 14 of these Terms. The Owner shall not be responsible for damage of any kind incurred by the User in connection with disclosure and/or loss by the Owner of his/her/its personal data, including the login, password that ensure access to the Platform.
The User's consent to collection, processing and cross-border transfer (if necessary) of Personal Data, regulated by this section, can be revoked in cases regulated by the legislation of the Republic of Kazakhstan, on the basis of a relevant written application, which is delivered to the Owner within at least 30 (thirty) calendar days prior to the date of revocation of this consent. At that, the User is aware that this consent cannot be revoked in cases where such revocation contradicts the legislation of the Republic of Kazakhstan, or if there are unfulfilled obligations by the User to the Owner.
15. Partial Invalidity of the Terms
In case that any part of the Terms is declared invalid by the court, this does not entail the invalidity of the remainder of the Terms, and they shall remain in full force and effect.
16. Disclaimer and Limitations
Access to the Platform is provided in the form in which it is available at the time of provision, without any direct or indirect guarantees. The Owner shall not be responsible for direct or indirect damage that may be incurred by the User as a result of using the Platform. No information or advice, recommendations of the Owner can be considered as a guarantee. The Owner updates the Platform, makes all reasonable efforts and measures for normal operation of the Platform, but does not guarantee the absolute continuity or faultlessness of both the Platform and the database, as well as their updates.
The Owner shall not be responsible for damages, including real, indirect, accidental, unintentional damage, lost profits, damage to honor, dignity or business reputation, loss of data or for causing any other damages to the User and third parties that arose when using or inability to use the Platform or incurred as a result of errors, interruptions, defects, delays in operation, changes in the functions of the Platform or transfer and (or) loss of data, as well as when the User uses recommendations, consultations posted on the Platform in his/her/its (any) activity.
The Owner provides access to the Platform on the “as is” and on the “available” basis in the form in which it is available at the time of provision, without any express or implied guarantees. The Owner determine the types, features, basic properties, volume, quantity and (or) completeness, term and other terms for access to the Platform. The User gets access to the Platform voluntarily (at his/her/its own discretion), subject that he/she/it fully assumes all risks and consequences.
17. Applicable Law
These Terms are governed by and construed in accordance with the legislation of the Republic of Kazakhstan. Disputes on which the User and the Owner have not reached an agreement shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.
If any part of these Terms is considered invalid by a court, that part will be interpreted in accordance with applicable law, and the remaining parts will remain in effect unchanged.
The Platform can extract certain information and data from its Users for functional (allowing the full and correct functioning of the Platform on the part of the User) and statistical purposes (monitoring and evaluation of the Platform, its traffic, internal audit). Types of information received are presented below and are collected using special services:
- Registration data of the User;
- Personal data of the User, as defined by these Terms;
- Contacts of the User;
- Information received during the technical support provided to the User;
- Statistical information;
- Information obtained in the course of database management;
- Information obtained in the course of infrastructure monitoring;
- Information received from external platforms, applications and visualization of the site content;
- Information obtained during the questionnaire-based survey;
- IP address;
- Information obtained from cookies;
- Browser information (or other program that accesses the Platform);
- Access time;
- Referrer (previous page’s address);
- External platforms, applications and site content inclusion.
The Owner takes the necessary organizational and technical measures to protect the information specified in this section from unauthorized or accidental access, destruction, modification, blocking, copying, dissemination and other illegal actions of third parties.
CONTACT DETAILS OF THE OWNER
Regional Environmental Centre for Central Asia (CAREC)
Orbita-1, 40, Almaty city, 050043, Republic of Kazakhstan
+7 (727) 265 4333
+7 (727) 265 4334
+7 (727) 265 4325