Terms of Use

Last revision: February 23, 2009.

Welcome to the ASEAN Forest Clearing House Mechanism (“ASEAN Forest CHM”), a networking utility and interactive learning platform to facilitate forest policy coordination and policy learning among the ASEAN Member States and beyond. The ASEAN Forest CHM is designed to promote networking and holistic knowledge management between ASEAN stakeholder, processes and institutions.

The ASEAN Forest CHM (defined below) is operated by the ASEAN Secretariat and Idion BV, with the support of the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) (“us”, “we”, or “CHM Management”). By using or accessing the ASEAN Forest CHM, you agree that you have read, understand, and are bound by these Terms of Use (“Terms”). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the ASEAN Forest CHM after any such changes constitutes your acceptance of the new Terms.

Privacy

We care about the privacy of our users and encourage you to read our Privacy Policy.

Eligibility

You may not use the ASEAN Forest CHM if you are under 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the ASEAN Forest CHM.

Registration; Account Security

When you register for and use the ASEAN Forest CHM, you will be asked to provide information about yourself ("User Profile"). Your User Profile must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.

Prohibited Conduct

By using or accessing the ASEAN Forest CHM, you represent, warrant and agree that you will not:

  • do anything that could disable, overburden or impair the proper working of the ASEAN Forest CHM;
  • use any robot, spider, scraper or other automated means to access the ASEAN Forest CHM;
  • send spam or any other unauthorized advertisements or solicitations through or using the ASEAN Forest CHM;
  • harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the ASEAN Forest CHM without consent from such users;
  • solicit private information (including passport numbers, credit card numbers and passwords) from users of the ASEAN Forest CHM;
  • provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself or create a page without authorization;
  • use your profile for any commercial purpose;
  • offer any contest, sweepstakes, coupon or other promotion through the ASEAN Forest CHM without our prior written consent;
  • use an iFrame or offer web search functionality on the ASEAN Forest CHM;
  • intimidate or harass any user;
  • do anything that is illegal, infringing, fraudulent, malicious or could expose CHM Management or the ASEAN Forest CHM users to harm or liability; or
  • attempt, encourage or facilitate any of the above.

User Content

By using or accessing the ASEAN Forest CHM, you represent, warrant and agree that you will not Post:

  • User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
  • any Contact Information or private information of any third party;
  • false, misleading or fraudulent information;
  • any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
  • mature content on Pages on the ASEAN Forest CHM; or
  • User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

You are solely responsible for the User Content that you Post on or through the ASEAN Forest CHM.

The CHM Management does not pre-screen, review, edit or approve any User Content. The CHM Management may, in its sole discretion, remove or disable access to any User Content.

"User Content" means any photos, documents, text, link, audio, video, designs, presentations, and anything else that you Post on or through the ASEAN Forest CHM. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the ASEAN Forest CHM.

IP Complaints

We respect the IP rights of others and we prohibit users from posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances.

If you believe that User Content on the ASEAN Forest CHM infringes your IP rights, or if you are a use whose User Content was removed due to alleged copyright infringement and you believe the removal was mistaken, please contact the CHM Management at support@aseanforest-chm.org

Your Privacy Practices

We respect the privacy rights of third parties, and you must do so as well on the ASEAN Forest CHM.

If you collect, access or use information relating to any user of the ASEAN Forest CHM (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not the CHM Management.

Ownership; Proprietary Rights

Except for User Content, all materials, content and trademarks on the ASEAN Forest CHM are the property of the CHM Management and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to the CHM Management ("Submissions"), are non-confidential and non-proprietary. The CHM Management will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold the CHM Management responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the ASEAN Forest CHM. This includes transactions conducted on the ASEAN Forest CHM as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the ASEAN Forest CHM, you release the CHM Management and its directors, officers, employees and agents (collectively, the "CHM Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

Indemnity

You agree to indemnify and hold CHM Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the ASEAN Forest CHM or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. The CHM Management reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the CHM Management, and you agree to cooperate with The CHM Management’s defense of these Claims.

General Disclaimers

USE OF THE ASEAN FOREST CHM IS AT YOUR OWN RISK. THE ASEAN FOREST CHM AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE ASEAN FOREST CHM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CHM MANAGEMENT, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THE CHM MANAGEMENT, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE ASEAN FOREST CHM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE ASEAN FOREST CHM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CHM MANAGEMENT IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE ASEAN FOREST CHM (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CHM ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE ASEAN FOREST CHM, THE CHM WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE ASEAN FOREST CHM, EVEN IF THE CHM MANAGEMENT OR A CHM MANAGEMENT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE CHM MANAGEMENT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Termination and Changes to the ASEAN Forest CHM

We may terminate your account on the ASEAN Forest CHM, delete your profile and any User Content you have Posted on or through the ASEAN Forest CHM, and/or prohibit you from using or accessing the ASEAN Forest CHM (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the ASEAN Forest CHM at any time without notice.

Other

The "ASEAN Forest CHM" means the features, services and properties that the CHM Management makes available through (a) www.aseanforest-chm.org or any other ASEAN Forest CHM-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the ASEAN Forest CHM Network Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from the CHM Management at the email address you provide in registering for the ASEAN Forest CHM or otherwise elect in your profile settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the ASEAN Forest CHM.

Questions

If you have any questions, please use the contact form.

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