This User Agreement sets forth the terms and conditions of an authorization for Users to use the Footprints Database Database (the ‘Database’) for the purpose of analyzing and/or sharing information on migration flows to, through and from North Africa (“the Purpose”).
The Database is administered and managed by the Mixed Migration Hub (“MHub”), acting with the administrative support of the International Organization for Migration (IOM), and hosted and owned by IOM. By accessing and using the Database, Users consent and agree to comply with these Terms and Conditions. The rights and obligations concerning the use of the Database in accordance with these Terms and Conditions are personal to the Users and are not transferable to any other person, user or entity. IOM may modify these Terms and Conditions; the most recent Terms and Conditions shall apply and it is the sole responsibility of the Users to review and comply with the current Terms and Conditions whenever accessing or using the Database. IOM will highlight any modifications to these Terms and Conditions on the website.
Access. In order to access and use the Database, Users must create an account. Users are responsible of keeping their username and password secure and of preventing any misuse of the Database with their credentials. Only Users who obtain the corresponding permission may input data into the Database. The information entered into the Database is sourced by IOM, the MHub and authorized partner organizations and individuals. The data in the Database has five classification levels of confidentiality attributes or accessibility. These are: “Private” (information only available to the person who entered it), “Organization Internal” (information only available to other people that belong directly to the same organizational unit, e.g. IOM Egypt), “Organization Wide” (information only available to other people that belong directly within the same organization e.g. IOM), “Authorization” (information only available to selected Users granted access to the Database), “Public” (Information is available to anyone. By default, data is classified as Organization Internal. Users determine and are responsible for the level of accessibility of the data contributed to the Platform and the modification of the data. IOM will not be responsible for the level of visibility given to the Data contributed by the Users or for any inconvenience that may arise from or relate to the level chosen by the Users. Users agree to contribute and license the Data to the creation of public data sets, by flagging the Data under "Public", and they allow IOM and Users of the Platform to use the public datasets as described in these Terms and Conditions. The Users can change the classification of the Data contributed and by doing so revoke the license and remove their data of the public data sets.
Usage. The Database may contain proprietary information that is protected by copyright laws and regulations worldwide. The aim of the Database is to provide information on migration trends through, to and from North Africa and to show changes and emerging trends over time through data visualization tools. The Portal including the Database, and all intellectual property derived from it as well as other proprietary rights, including but not limited to, patents, copyrights, and trademarks shall be vested in IOM, including, without any limitation, the rights to use, reproduce, adapt, publish and distribute any item or part thereof. IOM will authorize all Users to use the Datasets contained in the Platform exclusively for the purpose of the Platform and according to these Terms and Conditions. The ownership over the data uploaded by third party Users remains with those organizations/individuals. Any organization who contributes data to the Database agrees to do so allowing IOM and the Users of the Database use their data in the terms herein defined. Users may access the data contained in the Database according to the defined level of accessibility. By flagging the data under “Public”, the contributing organizations/individuals are licensing to reproduce, publish, print and distribute any item or part thereof, the materials contained in the Database solely for their own non-commercial use and in accordance with these Terms and Conditions, provided that Users do not alter or remove any copyright symbol or other identification concerning authorship of any of the materials contained on or otherwise made available to them in the Database and always crediting the source of the data. The license will be removed when the organization/individual changes the level of visibility of the data. Any commercial exploitation of any material contained on or otherwise made available to the Users on the Database is strictly prohibited without the prior written permission of the organization who contributes the data. Users shall not modify or alter in any way the integrity and truthfulness of the information and materials contained in the Database. When using IOM data, Database Users should credit the source of data, unless otherwise stated. When using data contributed and owned by other Users, mention to such Users should also be included. Mention of IOM as the source of the materials shall not be written in a way that would implicitly or explicitly assert or suggest endorsement, sponsorship or affiliation by IOM. Any requests for permission to reproduce or otherwise use any material contained on or otherwise made available to the Users on the Database other than as provided for herein, should be directed to MHub at: email@example.com. The custom map feature utilizes google maps which do not reflect any political leanings of IOM or MHub. In the custom map feature, and in any other data entry area that allows for event details to be manually entered, there should be no reference to sensitive information, for example personal data, of the person(s) being referenced.
Personal Information. IOM and the MHub do not collect personal information, such as the name, mailing address, e-mail address, and other information of individual Users, unless such information is voluntarily disclosed. In such an event, confidentiality of personal data must be respected and applied to all the stages of data collection and data processing in line with IOM’s Data Protection Principles. All IOM, MHub staff and individuals representing third parties who are authorized to access and process personal data, are bound to confidentiality and to IOM’s Data Protection Principles if applicable. IOM and the MHub will only use the personal information for the purpose for which it was disclosed. Personal information of Users collected on the Database will not be sold, distributed or rented. IOM does not intend to either solicit or collect personal information from Users under the age of 13 years. By registering on the Database Users confirm they are over 13 years old.
Disclaimer of Warranty; Limitations on Liability. Users expressly acknowledge and agree that any and all use of the Database is at their sole risk. Neither IOM or the MHub, agents, third-party providers, or licensors warrant that access to and use of the Database will be free from interruptions or free from errors; nor do they make any warranty as to the results that may be obtained from use of the Database, or as to the accuracy, reliability, or content of any information or service provided through the Database.
Users further expressly acknowledge and agree that information, text, and graphics provided to the Users through the Database and located on other sites throughout the Internet and the world-wide web are provided solely as a resource. Hyperlinks to other sites are not an endorsement by IOM or by the MHub of those sites. IOM and the MHub make no warranty, either expressed or implied as to the accuracy, reliability, or content of such information, text, graphics, and hyperlinks. While IOM and the MHub cannot make any warranties that there are no errors on the websites, they do endeavor, where appropriate, to correct errors that are drawn to its attention. Software located on other sites has not been tested and IOM and the MHub do not make any representations as to the quality, safety, reliability or suitability of such software. The depiction and use of boundaries, geographic names, and related data shown on maps and included in lists, tables, documents, and databases on the Database are not warranted to be error free nor do they imply judgment on the legal status of any territory, or any endorsement or acceptance of such boundaries by IOM.
The Database is provided “as is” without any warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. In no event shall IOM and the MHub be liable to you or any other person and/or entity for any loss of business, legal subject or profits, or for any indirect, incidental or consequential damages arising out of any use, or inability to use, the Database, even if IOM and the MHub were previously advised of the possibility of such damages or for any other claim by you or any other person.
Users acknowledge and agree that the delivery system used for the Database, i.e. the Internet and the World Wide Web, are unpredictable and may, from time to time, impede access to the Database. You acknowledge and agree that IOM and the MHub are in no way responsible to the Users in any way whatsoever for any interference with your use of or access to the Database and you expressly waive and forever discharge and release any and all claims against IOM and the MHub in connection therewith.
Indemnity. By using the Database, you agree to defend, indemnify, and hold harmless IOM, the MHub, its employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Database by you or by anyone having access to the Database by means of your account. Neither IOM nor any of its employees, information providers or content providers accept any responsibility whatsoever for the appropriateness, quality, accuracy, timeliness and completeness of the information in the Database.
Neither IOM nor any of its employees, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, incompleteness, deletion, defect, failure of performance, computer virus, communication line failure, alteration or use of any content published on the Database, regardless of cause, or for any damages resulting therefrom.
Termination. IOM and the MHub/IOM may exclude a User from being able to use the Database at any time, effective immediately, with or without prior notice to the User. The provisions of Section 5, 6, 8 and 9 shall survive any termination of this User Agreement.
Dispute Resolution. Any dispute, controversy or claim arising out of or in relation to the Platform, or the breach, termination or invalidity of the Terms and Conditions thereof, shall be settled amicably by negotiation between the Parties.
In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.
In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.
The present Terms and Conditions as well as the arbitration agreement above shall be governed by internationally accepted general principles of law and by the terms of the present Terms and Conditions, to the exclusion of any single national system of law that would defer the Terms and Conditions to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by both Parties. This Article survives the expiration or termination of the present Agreement.
Advice, Opinions, and Statements. The Database may contain advice, opinions, and statements of various information and content providers. IOM does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, any user of the Database or any other person or entity. Reliance upon any such opinion, advice, statement, or other information shall be at a User's own risk.
Bugs, Virus, Malicious Code, etc. While IOM makes every effort to ensure the materials available on the Database are free of any software virus, it cannot guarantee that the materials are free from any or all software viruses. IOM is not responsible for any loss or damage caused by software and related codes, including viruses and worms.
Security Measures. The Database implements a series of technologies and security measures, such as encryption and/or authentication tools, in order to safeguard the information maintained on IOM's systems from misuse, unauthorized access or disclosure, alteration, or loss. Although IOM applies reasonable means to ensure that the information you furnish is not used by third parties for purposes other than that for which it was provided, IOM cannot guarantee that unauthorized third parties will never be able to defeat security measures or use your personal information for improper purposes. Users should be aware that no transmission of information via the internet is ever totally secure. Transmission is therefore at your own risk.
Miscellaneous. This User Agreement relating to Users’ operation and use of the Database constitutes the entire agreement and understanding between IOM, the MHub and the User with respect to the subject matter hereof. The provisions of this User Agreement shall inure to the benefit of the IOM and the MHub. No waiver by any party hereto of any of the provisions hereof or of any breach or other default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.