Terms and conditions

Welcome to the FSC-IF Virtual Learning Database Platform (hereinafter “Platform”). This document lays out the Terms and Conditions for the use of the Platform.

These Terms and Conditions are entered into by you and FSC-Indigenous Foundation  (hereinafter: FSC-IF). Throughout this document FSC-IF and the User each are ‘Party’ and collectively ‘Parties’.

I) Definitions & Interpretations

For the purpose of these Terms and Conditions, specific terms and abbreviations are used which shall have the meaning as defined below:

  1. ‘Agreement’ stands for all of the following Terms and Conditions including all appendixes in connection with the Platform. All such documents form an integral part of this Agreement in relation to the use of the Platform.
  2. ´User´ means an individual that successfully signed up to the Platform and holds a valid account therein. User also includes those individuals that may use the platform services and/or any future available in the platform without a valid account. The user or users shall be understood to be the person(s) who makes use, browses, or accesses any of the content and services offered on the Platform.
  3. ‘Data’ means personal data processed by ‘FSC IF’ under this agreement.
  4. ´Material´ means the data of the User, including the name(s), functional role, job title, contact ID, global system ID, organization`s name, organization`s website, department, working address, contact information, ,  username, encrypted password, language, state of activities, log in times to the platform, IP address, preferences and requirements for receiving FSC-IF information. Material also includes any study, videos, photograhs and/or any information that the User may share and/or upload through the Platform.
  5. ‘FSC IF’ is a  private not-for-profit organization with its office in Panama whose  mission is to safeguard their rights of Indigenous Peoples and enhance forest management, through inclusion and recognition of Indigenous knowledge, authority and traditional practices; and to support Indigenous Peoples’ engagement to build Indigenous-led businesses for their self-governance, self-development and self-reliance.
  6. ‘Third Party’ or ‘Third Parties’ refer to a party or to parties which is or are not explicitly named in this Agreement and are no Party thereof.
  7. ‘Login Data’ is defined in Section 3.2 of these Terms and Conditions.

 

II) Scope

  1. The Platform is a computer-based interactive and collaborative interface to facilitate searches on information on Indigenous Peoples,  exchange of experiences, social learning and the identification of opportunities to collaborate with Indigenous Peoples, development practitioners, donors and the general public. The Platform will allow users  to access  global information on Indigenous Peoples in different formats (reports, assessments, tools, e-learning courses, studies, best practices, audios, videos, e-learning modules, geodata and other digital resources. This Platform also allows users to connect with experts and leaders and identify networking opportunities with Indigenous Peoples’ Organizations and other stakeholders interested in the well-being of Indigenous Peoples.
  2. Users can also access the site using their cel phones.

 

III) Access & Login Data

  1. For purposes of authorization to access the  online courses on the E-learning platform,  Users shall be responsible for providing accurate, complete and up to date login information. Upon completing the registration form, Users will have to create a username and a password ("Login Data"). In order to verify that a registration is actually made by the owner of an e-mail address, prior to registration, the Platform will send a confirmation e-mail to that e-mail address. At any time, registered User has the option to access, rectify, change, obtain a copy or deleting the data which was specified during registration or the password.

  2. When using the Platform, FSC-IF grants Users a single-user license, i.e. the access credentials can be only used by one person, royalty-free, non-transferable and non-exclusive license, subject to limitations set forth herein.
  3. User must immediately report to FSC-IF any incidences of loss of control of its account or Login Data on the Platform.
  4. FSC-IF reserves the right to deny registration and/or access requests to User and is entitled, at any time and without obligation to give reasons, to deny the right to access the password-protected area by blocking its Login Data.
  5. These Terms and Conditions are agreed between the User with FSC-IF when registering to the Platform for the first time or once Terms and Conditions have been modified.

 

IV) Liability, Services, Warranty

  1. FSC-IF is liable under the Law No. 81 of March 26, 2019, on personal data protection (“The Law”) and its regulation, the Executive Decree No. 285 of May 28, 2021 (“The Regulation”), for any Material in the Platform which FSC has collected, which, was granted freely and voluntarily, by the user with its express consent. According to the Law, FSC-IF- will establish the necessary protocols for the management and secure transfer of data, protecting the rights of the owners of their data.. FSC-IF shall only be liable from the date it receives knowledge of a specific infringement. Therefore, upon notification of relevant violations, FSC-IF may remove such content immediately.
  2. Subject to the limitation in Section 4.1, the Platform and any Material published on the website, is provided “as-is” and FSC-IF shall not be liable for defects in quality, including but not limited to fitness for a specific purpose and usability.
  3. FSC-IF provides the Platform to the Users free of charge.
  4. FSC-IF may stop the operation of the Platform in full or in part at any time. Due to the nature of the internet and computer systems, FSC-IF is under no obligation to ensure the continuous availability of the Platform for Users.
  5. In all cases, FSC-IF reserves the right, at its sole discretion, to remove or edit any Material uploaded by Users for any or no reason. FSC-IF may take these actions without prior notification to Users or any Third Party.
  6. Although FSC-IF takes reasonable endeavors to keep the Platform free from viruses, spammers, DoS or phishing attacks, FIFSC- does not warrant that it is free of such threats. The User acknowledges that, for its own protection, it should take all appropriate security measures and utilize effective security measures before using the Platform.
  7. The User shall indemnify and hold FSC-IF harmless from and against any Third Party claims alleging that use of the Material in line with these Terms and Conditions infringes any right of any Third Party and shall compensate FSC-IF and its directors, officers, employees or subcontracting parties for any financial losses, claims, property damage, personal injuries and expenses, including attorney fees, incurred by or in connection with any such Third Party claims.

 

V) Terms of Use

  1. The fact of accessing, browsing or using the services and contents of the Platform implies that the User has read, is aware of and unreservedly accepts the terms and conditions of use. The User agrees to use the platform, in accordance with the Law and what is established in these Terms and Conditions of Use published on the platform.
  2. The Platform and the services related to it are offered to Users of legal age, who have the legal capacity to grant legally binding contracts according to the applicable legislation. User accepts that will provide true, correct, current, and complete information regarding themself as prompted by the Platform registration form.
  3. FSC-IF allows the User to upload Material to the Platform and use it to have access to this Material.
  4. The User declares, accepts and warrants, with respect to any Materials it has uploaded to the Platform, that: (i) that said information has been provided freely, that said information is not confidential and Users have all necessary rights to submit these materials to the Platform and grant the licenses set forth herein; (ii) FSC-IF and Users will not need to obtain licenses from any Third Party or pay royalties to any Third Party with respect to use of the Material; (iii) these Materials do not infringe any Third Party’s rights, including intellectual property rights, data protection, and privacy rights; (iv) these Materials comply with these Terms and Conditions and all applicable laws.
  5. The User agrees that it will not upload any Material comprising, featuring or otherwise including any infringing, illegal, or inappropriate Material, including but not limited to materials which: (i) contain any pornographic, obscene, offensive, defamatory, or otherwise unlawful or immoral content; (ii) exploit minors; (iii) depict unlawful or violent acts; (iv) depict animal cruelty or violence towards animals; (v) promote fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or (vi) violates any law, statute, or regulation.
  6. With the limitations set in the Privacy statement or otherwise explicitly mentioned in these Terms and Conditions and accepted by the User, generally by uploading the Material the User grants its consent that the Material will be used for the scope detailed in point 2 of this Terms and Conditions; and therefore grants to FSC-IF an unlimited, worldwide, non-exclusive, sub-licensable, royalty-free, transferrable license to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, in whole or in part any uploaded Material in any manner now or in the future known; exemptions required by law remain unaffected. These rights in particular explicitly include commercial use, the right to make the uploaded Material publicly available, to copy, to distribute, to modify, translate or otherwise amend the Material and to transfer or sublicense the rights to Third Parties, including any user downloading the Material. To the extent allowable under applicable local laws and copyright conventions, User also waives and/or agrees not to assert against FSC-IF any moral and/or patrimonial rights that User may have in the Material.
  7. User agrees that all trademarks, trade names, logos, URLs, advertising signs or identifiable slogans (hereinafter, the "Trademarks"), as well as designs, whether or not registered but associated with the services, products, literature , promotional, and/or other offered and declared on this Platform, are owned and licensed by FSC-IF. FSC-IF retain all Intellectual Property Rights in the Platform of our Trademarks and Copyright.
  8. The User accepts that the platform and FSC-IF may keep a copy of the User Information, and disclose said information to third parties if it deems it necessary to:

(i) protect the integrity of the Platform/website;

(ii) protect the rights it deems pertinent;

(iii) comply with a court order;

(iv) comply with any legal procedure;

(v) enforce the rights and actions that assist you under this Agreement; and

(vi) satisfy any request related to the infringement of rights of third parties

 

VI) Term

  1. Either Party can send a written notice of termination within two (2) weeks to terminate the account on the Platform. The FSC-IF e-mail address for providing the notice is [email protected]
  2. The license granted to FSC-IF under Section 5.4 remains and will be maintained during the entire period of use of the platform and as long as the user does not request to delete their Material; exemptions required by law remain unaffected.

 

VII) GENERAL PROHIBITION

By accessing and using the Platform, the User agrees NOT to:

    1. breach any of the laws, regulations and rules applicable at the local, national (Panama) or international level, as well as any other applicable legislation, when applicable;
    2. infringe intellectual property and privacy rights, including but not limited to patent rights, copyrights, database rights, trademarks, or any information or know-how of third parties;
    3. download, send, transmit or store material that:
  • is unlawful, offensive, defamatory, fraudulent, misleading, misleading, harmful, threatening, harassing, obscene or objectionable;
  • violates the User's contractual or confidentiality obligations;
  • disrupts or interferes with the normal operations of the Website, such as the submission or transmission of viruses, worms or Trojan horses, the continued submission of duplicate material or the submission of unusually large files; or that is not permitted such as, for example, unauthorized advertising material, unsolicited promotional material, "junk mail", "spam", "chain letters", direct sales pyramid messages, franchises, distribution material, association to a club, sales contracts or any other objectionable material.
    1. violate the personal and privacy rights of third parties by abusing the Content, such as by continually harassing or harassing such persons by sending them unsolicited email, or by collecting personally identifiable information;
    2. violate, or attempt to violate, the security measures of the Platform;
    3. use any device, procedure or mechanism, such as spiders and crawling robots, to locate, retrieve, search, or access the Platform or the Content;
    4.  access or attempt to access the account or login of third parties indicated on the Platform;
    5. copy, modify, reproduce, delete, distribute, download, store, transmit, sell, resell, publish, reverse craft, or create derivative works from the Platform Content, except for the material submitted by the User himself and that is his property, or if authorized by the applicable intellectual property laws;
    6. send or provide incorrect, false or incomplete information, in relation to biographical data, personal data and/or any other provided invormation;
    7. impersonate another person or company;
    8. use the Platform in an unauthorized manner or for any criminal activity;
    9. falsify information and/or any data about himself, about his association with third parties or about his company.

 

VIII) Miscellaneous

  1. If any provision of these Terms of Conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall remain enforceable.
  2. These Terms and Conditions - and all disputes relating to or in connection with these Terms and Conditions or their subject matter - shall be enforced under, subject to and governed by the laws ofPanama.
  3. Considering the international nature of the FSC-IF and the purpose and scope of this Platform, both Parties have chosen the English language for these Terms and Conditions.
  4. User agrees that FSC-IF will not be liable for any failure to perform, or delay in performing, any of our obligations subject to the use of the Platform, which is caused by an Event Outside Our Control.
  5. The User undertakes to fully indemnify against all direct, indirect and consequential liability, defend in lawsuits and exonerate the FSC-IF from all liability, against third-party claims (indemnity includes, among others, expenses of the intervening lawyers and legal costs) filed based on, or derived from, the access by the User to the Platform and the use that the latter makes of it, the Information provided by the User, or the breach by the User. of the terms and conditions of this agreement.
  6. The user agrees to assume all risks associated with, or derived from, the use of the website or the information provided by the user. The user also undertakes to exonerate the platform and its owner from all liability against claims, demands or claims for compensation for damages (direct, indirect and incidental) of any kind, known or not, that may be filed based on in, or arising from the use of the platform, the information provided by the user or the transactions that occur as a result of the use of the platform by the user.
  7. The User declares that between user and this Platform or FSC-IF, there is no relationship of employment, association, agency or joint venture, derived from the access and use of the Website.
  8. FSC-IF has the right to unilaterally change the content of these Terms and Conditions as well as the configuration and/or content of the Platform and/or any of its services, whenever FSC-IF deems it appropriate, insofar as these changes are only made for compelling reasons, including new technical developments, new case law or legislation, or other relevant events, provided such changes are reasonable. FSC-IF will send an e-mail notification to the User regarding any changes to the Terms and Conditions. The change becomes an integral part of these Terms and Conditions unless the User terminates this Agreement with FSC-IF in writing within six (6) weeks after receiving notice.
  9. FSC-IF may, at its sole discretion, terminate the services offered on the Platform and remove any Content from it; it may also, at any time, for any reason justified or not and without having to notify it in advance of its decision, suspend the User's access to any or all of the services offered on the Platform.
  10. These Terms and Conditions and any dispute or claim resulting from or in connection with its object, are governed exclusively under the ordinary jurisdiction of the Republic of Panama and the User submits to the exclusive jurisdiction of the courts of Panama City, Republic of Panama.

Last updated: February 2023.

 

Contact Information

FSC Indigenous Foundation

Calle Gustavo Lara Edificio A/B, City of Knowledge

Clayton, Ancón, Panama

Phone: +507 310 2554

Managing Director: Francisco Souza

[email protected]