Welcome to MEL Website (the “Site”). The Site is
an online collaborative working tool for project Monitoring, Evaluation and
Learning of the International Center for Agricultural Research in the Dry Areas
(“ICARDA”) and the International Potato Centre (“CIP”) (“Owners”). Additional
organizations, projects and programs may use the Site with the permission of
the Owners.
In using the Site, you (the “User”) agree to
comply with and be bound by the Terms of Use. By accessing or using the Site,
you are deemed to accept the Terms of Use, you give your consent to the Owners
to control and process your Personal Data for the purposes and objectives of
MEL (see point 1 “MEL Identity, Purposes and Objectives”). The Owners may update
the Terms of Use from time to time. Such updates will require the User to renew
their consent to log onto the Site for the first time after the changes take
effect.
The Owners carry out, through the Site a
non-profit, public interest, transparent service of Monitoring & Evaluation
in accordance with the requests of worldwide donors and stakeholders, and that
is strictly related to agricultural research projects and activities. The User
must be an adult according to the legislation applicable in his/her country of
residence.
TERMS OF USE OF SITE
1. MEL Identity, Purpose and Objectives
Monitoring, Evaluation and Learning (MEL) is multi-center and multi-CRP
online platform for integrated management, monitoring, and reporting of
projects, from planning to budgeting, risks’ assessment, and more. The platform
comes with MELSpace, an integrated Open Access repository, and the Knowledge
Sharing tool-set, which includes an internal discussion forum, a technical
assistance chat, project dedicated web-pages, and a communication-friendly
module to write and disseminate project related blog stories.
MEL’s purpose is to boost the outreach of the scientific results of
agricultural research projects and activities worldwide, planned, implemented
and reported by mean of international donors and public funds, through the
application and development of suitable, advanced IT solutions.
MEL’s main objective is to safeguard intellectual assets and provide
full credit to the authors of knowledge that reported and shared in MEL while
making use of international metadata standards such as Dublin Core. MEL’s basic
objective is to provide M&E, administrative and programmatic support to
international organizations and actors engaging in the field of agricultural
research, free of charge.
The platform has been integrated with a number of third party web
services, as listed in the section of these terms entitled “List of Data
Collected”, and shall interoperate with these other webs services for purposes
consistent the fulfilment of the purpose and objectives of MEL.
MEL is the result of
the synergic efforts by CGIAR Research Program on Grain Legumes and Dryland
Cereals (GLDC), CGIAR Research Program on Roots, Tubers and Bananas (RTB),
CGIAR Research Program on Fish Agri-food Systems (FISH), International Center
for Agricultural Research in the Dry Areas (ICARDA), International Potato
Center (CIP), WorldFish, World Agroforestry Center (ICRAF), International
Institute of Tropical Agriculture (IITA), ICARDA GeoAgro and is powered by
CodeObia, iMMAP, DSpace and Amazon Web Services (AWS).
2. Intellectual Property
A. The codes, infrastructure, design and
services on the Site, as well as their selection and arrangement, are the joint
property of the Owners and are protected by applicable intellectual property
laws. Any unauthorized use of the Site may violate such laws and these Terms of
Use.
a. The Owners grant the User a royalty-free
license to use the Site. You agree not to copy, republish, frame, download,
transmit, modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative works based on the
information contained or offered in the Site unless the Owners have provided
you with prior, written authorization to do so. In addition, you agree not to
use any data mining, robots, or similar data gathering and extraction methods
in connection with the Site.
B. User Generated Content: You will be the only owner of the intellectual
assets associated with any new content that might be generated from your use of
MEL (“Contribution”). You agree to license back to the Owners on a
non-exclusive, unlimited, worldwide, royalty-free license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
make available to the public, and/or to incorporate your Contribution in other
works in any media now known or later developed for the full term of any rights
that may exist in your Contribution.
3.
Copyright
The content, organization, graphics, design, audio, animation, video,
compilation, magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such matters or any
part of the Site is strictly prohibited. You do not acquire ownership rights to
any content, document or other materials viewed through the Site. Except for
any content generated by you over which you acquire sole ownership as in
accordance with 2(B) above, the posting of information or materials on the Site
does not constitute a waiver of any right in such information and materials.
4. Use of Logo
The MEL
logo, formed by its brandmark, the icon or
symbol and the tagline, is owned by the International
Center for Agricultural Research in the Dry Areas (“ICARDA”) and the
International Potato Centre (“CIP”) (“Owners”). It was designed and first expressed in its fixed form
in January 2016.
The MEL logo identifies the Site as well as activities realized by the Monitoring, Evaluation and Learning (MEL)
platform under the One CGIAR.
The MEL logo in its current version and any variations that the Owners might
introduced to it from time to time are protected by copyright, with all rights
reserved:
2016ÓICARDA-CIP. All rights
Reserved.
You or any of your agents, employees and/or sub-contractors as users of the Site, or you or any of your agents, employees and/or sub-contractors as users generating content for or at the Site, or any third party are not authorized to copy, reprint, record, photograph, depict, publish, distribute, incorporate, or use the MEL logo in any form or way, without the prior written authorization from the Owners.
5.
Use of Software
The software and accompanying documentation that is made available to
download from this Site is the copyrighted work of the Owners. If you do not
agree to such terms, you will not be able to use the software. By uploading any
content to the software, you expressly represent and warrant that you have the
right to upload such content for the purposes of the Site and that you provide
any User of the Site the rights to such content as provided in these Terms of
Use. You also represent and warrant that the uploaded content has been verified
in accordance with applicable quality standards and internal checks, including
scientific accuracy at your institution or through a quality external review.
The User agrees not to upload, post, transmit or otherwise make available any
content that is unlawful, racially motivated, harmful, hateful, harassing,
obscene, invasive of another’s privacy, or that infringes any patent, trademark
or other proprietary rights of any party. If you make available on the Site any
content of an experimental nature or pending quality and accuracy verification,
this must be expressly stated by you with a disclaimer. You are solely
responsible for the licensing of any content shared through, tagged within,
displayed in and uploaded to the Site through your account, comprising but not
limited to copyright compliance, dissemination, visibility and usability of the
content. You are responsible for the correct attribution of the content shared
through, tagged within, displayed in and uploaded to the Site 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 content
to the Site, intentionally or unintentionally. The Owners decline all direct
and indirect liability that may be incurred by you or others in importing to,
tagging in, sharing, displaying and migrating from the Site content that has
been incorrectly licensed or which information and metadata has been omitted,
incorrectly or partially provided by the User or external sources.
6.
Registering
In order to become a User, you need to complete
the registration process in full, as instructed by the Site Administrators,
directly or through any online or in-print tutorial or support material. You
have the duty to safeguard your Personal Data of access (credentials). For the
purposes of these Terms of Use “Personal Data” shall mean as such term is
defined in Article 4 of the General Data Protection Regulation. The Owners
decline all direct and indirect liability related to loss, dissemination, theft,
inappropriate usage or any use of the credentials in a manner not allowed by
these Terms of Use. By initiating the registration process, you give to the
Owners permission to control and process your credentials for as long as you
agree to these Terms of Use. The Owners reserve the right to retain any Personal
Data necessary to perform the Owners’ duties on and through the Site for as
long as needed but no longer.
7.
Content Provided by other Users and Third
Parties
The Owners do not act as moderator within the Site and decline any direct
and indirect liability related to insertion, visualisation or usage of content
provided by third parties and other Users in the Site. The Owners are not
responsible of those contents and their accessibility. You assume full
liability deriving from your visualisation, inappropriate insertion or misuse
of content on the Site, as well as for any resulting data and rights breaches
and infringement.
8.
Services Provided by Third Parties
Users can make use of third parties services and contents provided by and
embedded in the Site only by reading and accepting the related Privacy Policy.
The Owners are not responsible for the correct functioning and availability of
those services and declines any direct and indirect liability in this regard.
9.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license for use
solely by you for your own personal use and not for republication,
distribution, assignment, appropriation, sublicense, sale, preparation of
derivative works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale,
redistribution or dissemination). The rights granted to you constitute a limited,
nonexclusive license and not a transfer of title.
10.
Editing, Deleting and Modification
The Owners reserve the right in their sole discretion to process any
documents, information or other content appearing on the Site.
11. Liability and Indemnification
The Owners safeguard all Personal Data within the Site and shall
communicate to the User any Personal Data breach within 72 hours after having
become aware of it. However, neither the Owners nor any of their agents,
employees and/or sub-contractors shall be liable to you or any other party for
any claim, loss, demand or damages whatsoever (whether such claims, loss,
demands or damages were foreseeable, known or otherwise) arising out of or in
connection with the use of the Site or information, content or materials
created included on the Site by you or any of your agents, employees and/or
sub-contractors. You are solely responsible for your submission of material to
the Site and for any claims relating to its content. You agree to indemnify,
defend and hold the Owners and our partners, attorneys, staff and affiliates
harmless from any liability, loss, claim and expense, including reasonable
attorney’s fees, related to your violation of these Terms of Use.
12. Age Limit
You declare to be over 16 years of age. You are responsible for ensuring
your sessions of use of the Site do not allow anyone below 16 years of age to
intervene and you assume full liability if they do so intervene.
13. Non-transferable
Your right to use the Site is not transferable. Any credential, permission or
right given to you to operate in the Site at any level, such as controlling,
processing or obtaining any information or document, is not transferable. You
may not provide access to your account to any other person or legal entity without
the prior written permission of the Owners. You are responsible for ensuring
your sessions of use of the Site do not allow any third party to intervene and
you assume full liability if they do so intervene.
14. Modification of the Present Terms of Use
The Owners have the right to amend, edit and nullify any part or all of the
present Terms of Use at their complete discretion, given proper notice to the
Users whom shall be provided an opportunity to read, understand and decide
whether to renew their agreement or not.
15. Partial Inefficacy or Nullification
Should any part of the Terms of Use be invalid, illegal or ineffective, such
parts shall be deleted from these Terms of Use and all the other parts of the
Terms of Use will remain in full force and effect.
16. Disclaimer
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE OWNERS AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS
HEREBY DISCLAIMED BY THE OWNERS. THE OWNERS WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE.
17. Dispute Resolution
If a dispute arises between the Owners and you out of
or in connection with these Terms of Use and the Privacy Policy, including any
question regarding their existence, validity, interpretation, implementation or
termination, you and the Owners will try to settle such dispute amicably
through negotiation. If any dispute cannot be settled amicably within 60
(sixty) days, either party shall be entitled at that
point to refer the dispute to be resolved by arbitration in accordance with the
UNCITRAL Arbitration Rules in effect at the time of the dispute. The applicable
law shall be the law of England and Wales. The language of the arbitral
proceedings shall be English. Any arbitration under this provision will be
supported by the Lebanese Arbitration Centre. The seat of arbitration shall be
Beirut, Lebanon. The number of arbitrators shall be one. The arbitrator will be
selected and appointed in accordance with the UNCITRAL Arbitration Rules.
Unless otherwise expressly provided in these Terms of Use, the arbitral
tribunal will have no authority to award (i) punitive damages, or (ii) damages
for consequential or indirect losses. Notwithstanding the provisions of the
UNCITRAL Arbitration Rules, the arbitral tribunal will not be authorized to
grant any interim measures of protection or other forms of pre-award relief
against the Owners and neither the Owners nor you may address to any judicial
authority a request for interim measures of protection or other forms of
pre-award relief against the Bank. The arbitral award shall be final and
binding on both parties.
18. Data Transferral, Dissemination and Other
Rights of the Users
You acknowledge that the Owners reserve the right to transfer,
communicate, disclose and disseminate your Personal Data as required in order
to achieve the objectives of MEL and their contractual duties. The transferral
and communication of such Personal Data shall happen exclusively with entities
able to demonstrate their compliance with EU General Data Protection Regulation (EU) 2016/679 and that express their unequivocal will to abide by the Regulation
in good faith. The disclosure and dissemination shall not include any Personal
Data listed in Article 9 of the Regulation and will provide the User with full
credit for the knowledge produced or research results obtained. In no case and
for no reason shall the Owners sell or rent the User’s Personal Data to other
Users or third parties. The sole uses made of Data are those listed in this
Policy. The Users are the sole owners of their Data and can request related
modification or deletion anytime as specified in the Terms of Use. The Owners
shall store inert Data for a period not longer than 365 days. The Owners reserve the right to withhold any Personal Data necessary to
perform the Owners’ duties on and through the Site for as long as needed and
not more.
Owner Contact Details
-
International Center for Agricultural Research in Dry Areas – ICARDA
Dalia Building 2nd Floor, Bashir El Kassar Street,
Verdun, Beirut, Lebanon 1108-2010
Tel: +961
1 813303
Fax: +961
1 804071/01-843473
-
International
Potato Center – CIP
Avenida La
Molina 1895, La Molina, Apartado Postal 1558, Lima, Peru
Tel: +511 3496017
You have
the right to make a complaint at any time with a supervisory authority in the
Member State of your habitual residence, place of work or of an alleged
infringement of the General Data Protection Regulation. In the UK, the
supervisory authority is the Information Commissioner’s Office (ICO)(www.ico.org.uk). We would, however, appreciate the
chance to deal with your concerns before you approach the ICO so please contact
us in the first instance.
Last edit on 24 December 2019.