Effective date: August 1st, 2023.
If you have any questions or concerns about these Terms, please contact us at: A.Eitzinger@cgiar.org.
These Terms of Use ("Agreement") govern your use of the GeoFarmer Application and its derivates MyGeoFarm, GeoFarm Facilitator, MyGeoTree Nursery, and MyGeoTree Collector ("Apps"), developed by the International Center for Tropical Agriculture – CIAT ("Company"). By using the Apps, you agree to be bound by this Agreement. If you disagree with these terms, please refrain from using the Apps.
By accessing or using the Apps, you affirm that you are of legal age and have the authority to enter into this Agreement. If you are using the Apps on behalf of an organization, you represent and warrant that you have the authorization to bind that organization to this Agreement.
Company reserves the right to modify or update this Agreement at any time. You are responsible for reviewing these terms periodically. Your continued use of the Apps after any modifications to this Agreement constitutes acceptance of those changes.
The Apps are designed to use digital channels as agricultural knowledge networks and to provide information, data collection tools, and services to users in the agricultural sector. It includes surveys, forms, feeds, farm management, and other relevant content.
The Apps are intended for research and informational purposes only and should not be considered professional advice. Company does not assume responsibility for the accuracy, timeliness, or reliability of the information provided within the Apps. Users are advised to consult with appropriate experts or professionals for specific advice related to their agricultural activities.
To access certain App features, users may need to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other security breach.
You agree to use the Apps in compliance with all applicable laws, regulations, and this Agreement. You are solely responsible for any data, information, or content you provide or upload through the Apps. You warrant that you have the necessary rights and permissions to share such content and that it does not infringe upon the rights of any third party.
You agree not to engage in any activity that could harm, disable, or impair the Apps's functionality or interfere with the use of the Apps by other users.
To the fullest extent permitted by Applicable law, Company disclaims all liability for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Apps, whether based on contract, tort, strict liability, or any other legal theory.
You acknowledge and agree that Company shall not be responsible for any losses, damages, or injuries resulting from reliance on the information provided within the Apps.
The Apps may provide links to third-party websites or resources.
All intellectual property rights in the Apps, including but not limited to copyrights, trademarks, patents, and trade secrets, are the property of Company or its licensors.
You are granted a limited, non-exclusive, non-transferable license to use the Apps for its intended purpose. You may not modify, distribute, sell, or lease any part of the Apps or its content without the express written consent of Company.
Copyright Applies to the source code behind the Apps, the content and layout of the Application and its equivalent components available through the web.
Copyright © 2023 International Center for Tropical Agriculture - CIAT
Except for third party content as indicated in the mobile Apps and in the website, Company holds the title to the resource and the materials and content uploaded and posted on the Apps.
We respect the user’s ownership of provided data and information. Data remains the users’ property. Company claims using data for research purposes, such as combinations, analysis, compilations, and publishing of research outputs. We are committed to protecting and respecting the user’s privacy and will make every reasonable effort to handle collected information appropriately.
The name GeoFarmer is currently under the process of trademark registration in several jurisdictions.
You should not use GeoFarmer as it is or not use it in any other way that may create confusion as who the owner of the trademark is –that is, CIAT - and what it represents. Bear in mind that nothing in these Terms should be interpreted as a license to the GeoFarmer trademark.
We license the written code under the Apache 2.0 version License. For the full terms of the license see here: https://www.apache.org/licenses/LICENSE-2.0
According to the Apache 2.0 license, in relation to the source and/or object code of the eroFarmer, you may:
This license shall automatically terminate if you violate any of these conditions and may be terminated by Company at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
In general, all informational products comply with the CGIAR Open Access and Data Management: https://cgspace.cgiar.org/bitstream/handle/10947/4488/Open%20Access%20Data%20Management%20Policy.pdf?sequence=1
The content or materials accessed through the Apps, may include but are not limited to raw data, annotated or otherwise analyzed data, information, reports, videos, maps, images, presentations, written documents such as reports, articles (including peer-reviewed articles), course materials, and services (referred all as “Materials”) that are generated, created or developed either (i) by Company (“Company Materials”); or (ii) belonging to or originated by third parties, including you as user, and that are made available through the Apps, uploading materials, via links or by citation or aggregation, through display –particularly in the case of images (“Third Party Materials”).
(i) Company MaterialsUnless otherwise and explicitly stated, Company Materials will likely be available under the Creative Commons Attribution NonCommercial License 4.0 International (CC-BY-NC 4.0), that allows you to download, copy, reproduce, modify, remix, build upon, disseminate, publish without seeking permission from us (from Company) as long as it is: (i) for non-commercial purposes, (ii) you give credit to authors/owner as provided in the respective citation, and (iii) the copyright notice and this license remain with Company Materials, even if they become part of derived works. Full terms of the license are available here.
(ii) Third Party MaterialsThird Party Materials are governed by the terms set forth by third parties. If you wanted to contribute materials to the Apps, you must have the right to make such a contribution. As the owner of Contributed Materials, you or the organization you represent, as Appslicable, shall retain copyright. If Contributed Materials are owned by a third party, you must make sure that you have the rights to confer upon Company the license hereby specified.
As a contributor you agree to grant Company, its successors and assigns a free of access charges, royalty free, perpetual, worldwide, non-exclusive, and sublicensable license to use, copy, modify, perform, publish and disseminate such Contributed Materials through the Apps and through derivative works.
Contributors must warrant to the best of their knowledge that the Contributed Materials do not infringe the rights of any third party, including copyrights, privacy protection, informed consent and/or biodiversity-related access and benefit-sharing rights. In case of doubt, a contributor shall abstain from providing Contributed Materials to the Apps or if already contributed, withdraw such Contributed Materials. The contributor shall defend, indemnify, and hold Company harmless from any resulting claims, damages or costs (including reasonable attorney fees) in case of false or misleading information or negligence.
If you delete a Contributed Material, Company does not warrant that it will be able to or will take responsibility for removing deleted contributions from the Apps, including but not limited to those outside of its reasonable control, or those to whom you or others may have forwarded your Contributed Material.
Company might, but it has no obligation to,ur Contributed Material. Company may remove, at its sole discretion, your Contributed Material if it establishes that it violates these Terms. Acceptance of Contributed Material does not constitute an endorsement or sponsorship of the Contributed Material by Company.
In case of providing links to third party materials (e.g., websites), Company is not responsible for or has no control over such Third Party Materials. Company provides access to such Third Party Materials for convenience only. Company makes every effort but does not ensure revision of Third Party Material and makes no warranties or representations about the material, information, products, or services offered by third parties. Display of Third Party Materials does not constitute endorsement or sponsorship by Company of any Third Party Materials. Use of any such Third Party Material is at the user's own risk.
Accuracy of MaterialsMaterials Appsearing on the Apps could include technical, typographical, or photographic errors or omissions. Company does not warrant that any of such Materials on the Apps are accurate, complete or current. Company may make changes to any Materials contained on the Apps or to functionalities of the Apps at any time without notice. Please note that any of the content in our Apps may be out of date at any given time. Although we strive to keep the content up to date, Company is under no obligation and makes no commitment to update the Materials. Users of and contributors to the Apps are completely responsible for the accuracy of any content (included images) uploaded by them.
The Apps written code and Materials on the Apps are provided on an “AS IS” basis. Company makes no warranties, either expressed or implied, including, without limitation, as to the merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or any other violation of rights.
Further, Company does not warrant or make any representations concerning the accuracy, completeness, likely results, timeliness, or reliability of the use of the source code or object code of the Apps, of the data, information, content or any other materials on the Apps, or otherwise relating to such materials, or on any other Appss, websites linked to this Apps.
Although we may try our best, we do not guarantee that our Apps, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Apps without notice. We will not be liable to you if for any reason our Apps is unavailable at any time or for any period.
You agree not to use GeoFarmer, including the Materials, for any unlawful purpose or in any way that would violate the rights of others, including intellectual property rights. Further, you agree not to use Company logos and its name without Company’s prior written authorization. Also, you agree not to use Company, or other related titles and logos without prior written permission. Contact Company in case of doubt.
Company may review these Terms at any time without notice. The most current version of the Terms can be reviewed by clicking on the links on the Apps. Please check these Terms periodically to see whether they have changed. By using the Apps, you agree to be bound by the then-current version of these Terms.
Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. Nothing herein shall be deemed a waiver of any of the privileges and immunities of Company.
These Terms are governed by and construed by recognized and general principles of international law, excluding any national system of law. General law principles shall include the UNIDROIT Principles of International Commercial Contracts of 2010. Users and Company will use their best efforts to resolve any dispute, controversy, or claim arising from or relating to these Terms or the Apps by negotiation.
In case an amicable settlement is not reached within sixty (60) days of such dispute, controversy, or claim having been notified by one party to the other in writing, the dispute, controversy, or claim will be settled by arbitration following the UNCITRAL Arbitration Rules in effect on the date of this contract. One arbitrator will be appointed by the parties by mutual consent, or failing this, by the Secretary-General of the Permanent Court of Arbitration. The place of arbitration proposed by Company will be a neutral venue where the parties can expect a fair result. The language to be used in the arbitration proceedings will be English. If the parties are both in Colombia, the venue shall be Colombia, and the language to be used in the arbitration proceedings will be Spanish.