Terms

Terms of Use

Accordingly, World Bank Group (WBG) has developed the following terms of use. These terms of use, as may be amended from time to time ("Terms of Use"), now govern the use of the Knowledge Platform on Environmentally Sustainable Infrastructure Construction in Latin America and Caribbean (KPESIC) (“Website”) and constitute an agreement between KPESIC, WBG and the contributor or those who access the Website (“Users”). The KPESIC includes any person or company, including their employees and sub-contractors, specifically contracted or responsible for the design, operation and maintenance of the KPESIC.

The Content

The content available on or through the Website is owned as the case may be by WBG, the KPESIC, and the contributors, and is and may be protected by one or more of copyright, trademark, patent, and trade secret laws, or other proprietary rights regimes, and international treaties, and also may have security components that protect digital information. The content does not necessarily reflect the views of the WBG or the KPESIC, nor those of the governments of the member countries of the WBG. The User may print, download, and store articles and other information for their own convenience and for their personal, non-commercial use, without any right to resell or redistribute them or to compile or create derivative works there from, subject to the other terms below, and also subject to more specific restrictions that may apply to specific Content within this Website.

The Contributor

Contributors are welcome to provide information and resources to this Website. However, Contributors shall be responsible for ensuring that their respective content is accurate, and that their respective content does not infringe on proprietary rights of any third party. Contributors shall promptly inform the KPESIC and WBG if their respective content requires revision or removal due to inaccuracy or infringement on proprietary rights.

The content submitted by Contributors is not reviewed, verified or fact-checked by WBG. Although the KPESIC and WBG reserves the right to do so, the KPESIC or WBG do not edit Contributor-provided content of any type. The content submitted by Contributors is not verified or fact-checked by the KPESIC, but may be reviewed by the KPESIC in terms of the applicability of the Contents to the objectives of the KPESIC. The KPESIC and WBG reserves the right to refuse or remove any Content that violates these Terms of Use. The KPESIC and or WBG reserves the right, at their sole and exclusive discretion, to refuse or remove any Content that is deemed not directly applicable to the objectives of the KPESIC.

The User

The User is responsible for the use of the Website. The User may use the Website for lawful purposes only. The User may not use the Website in any manner that could damage, disable, overburden, or impair the KPESIC or WBG’s servers or networks, or interfere with any other party's use and enjoyment of the Website. The User agrees not to circumvent, disable or otherwise interfere with security-related features of this Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of this Website or the content. The User may not attempt to gain unauthorized access to the KPESIC or WBG’s computer systems or networks, through hacking, password mining or any other means. The KPESIC and WBG reserves the rights to and may take without notice to the User any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

If the Website contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), the User agrees to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, the User agrees that when using a Forum, he or she shall not do any of the following:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;

3. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefore as may be required by law;

4. Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;

5. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

6. Falsify the origin or source of software or other material contained in a file that is uploaded;

7. Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another User of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.

Links

The Website may include links to other websites. These links are provided for the convenience as a courtesy only and do not mean and do not imply the endorsement of the linked website by the KPESIC or WBG. The User acknowledges and agree that the KPESIC or WBG are not responsible or liable for access to or the content or accuracy of these other websites.

The User generally does not need to obtain permission from the KPESIC or WBG to put a text link on another website that links back to this Website. The KPESIC and WBG requests that the User notify the KPESIC and WBG of any links the User may create to the Website and the KPESIC and WBG reserves the right, however, to revoke permission to the link at any time in KPESIC’s or WBG’s sole and exclusive discretion. If the KPESIC or WBG revokes such consent, the User agrees to immediately remove and disable any and all of the User’s links to the Website. The User shall include all appropriate attributions in connection with all links to the Website and shall not use any link in a manner that is likely to create confusion as to the source of the Content.

Indemnification

The use of this Website is at the User's sole risk. Under no circumstances, including, but not limited to negligence, shall the KPESIC or WBG be liable for any direct, indirect, incidental, special or consequential damages, even if the KPESIC or WBG have been advised of the possibility of such damages. Furthermore, the User agrees to defend, indemnify, and hold harmless the KPESIC and WBG from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of the User's use of this Website, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms of Use. If the User is dissatisfied with any Content on this Website or with any of its Terms and Conditions of Use, the User's sole and exclusive remedy is to discontinue using the Website.

Because the KPESIC and WBG have no control over the content submitted by other Contributors and other users, the User agrees to look solely to the Contributor of the content for any claims the User may have regarding the content. The User specifically acknowledges and agrees that the KPESIC and WBG are not liable for any conduct of any User. If the User has a dispute with one or more users, the User forever releases the KPESIC and WBG (and its officers, directors, agents, affiliates, and employees) from 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.

Dispute Settlement

These Terms of Use shall be governed by the UNIDROIT Principles of International Commercial Contracts 2010. Any controversy or claim arising out of or relating to these Terms of Use or that contests the validity of these Terms of Use shall be settled by arbitration in accordance with the United Nations Commission on International Trade (UNCITRAL) Arbitration Rules as at present in force. The appointment authority for such arbitration shall be the International Chamber of Commerce International Court of Arbitration. The number of arbitrators shall be three. The language to be used in the arbitral proceedings shall be English. The Parties agree to be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute. The arbitral tribunal shall have no authority to award punitive damages, nor to award interest in excess of five (5) per cent, and any such interest

shall be simple interest only. The place of arbitration shall be Washington DC, United States of America.

Preservation of Immunities

Nothing in or relating to these Terms of Use shall be construed as a waiver, renunciation or modification by WBG of any immunities from suit or enforcement measures that it may enjoy under any international and national laws, any agreement between any parties or any international convention or customary international law.