User Agreement - UN Development Business Online

Subscribers to UN Development Business Online must agree to comply with all of the following terms and conditions.

1.0	General Rules
1.1	This Subscriber Agreement constitutes the subscriber's ("you" or "your") agreement with the United Nations (the "UN"), an international intergovernmental organization having its Headquarters in New York, NY, 10017, with respect to your use of the UN Development Business Online service (the "Service"), an Internet service of the United Nations. By submitting the Application Form for the Service, you will be legally bound by the terms and conditions of this Subscriber Agreement, and agree to comply with such terms and conditions in order to become and remain an authorized subscriber of the Service. Individual subscribers must be 18 years or older to subscribe to the Service.
1.2	The UN reserves the right, at its discretion, to change or modify any term or condition of this Subscriber Agreement at any time. All changes and modifications will be notified to you by being posted on the Service, or sent to you via E-mail or postal mail, and it is your responsibility to read these changes and modifications. They will come into effect immediately on being posted, and you will be deemed to have accepted them if you access the Service after that time.
1.3	If these terms or any future changes or modifications are unacceptable to you, you may terminate your subscription in accordance with the Termination clause below. Your use of the Service now, or continued use following the notification of any changes or modifications of these terms and conditions, will constitute a binding acceptance by you of such changes or modifications.
1.4	The UN may improve, change, suspend or discontinue any aspect of the Service at any time without notice, including the availability of any Service feature, database or content. The UN may also impose limits on certain features and services, or restrict your access to parts or all of the Service without notice or liability. The UN reserves the right to change or add any fees or surcharges at any time effective upon 30 days prior notice.
1.5	The rights and obligations concerning the use of the Service in accordance with this Subscriber Agreement are personal to you, and are not transferable to any other person or entity. Any purported assignment by you of any rights under this Subscriber Agreement shall be void and ineffective.
1.6	No waiver by either party to this Agreement of any of its provisions, or any breach or default of the Agreement, shall be deemed to be a waiver of any preceding or subsequent breach or default.
2.0	Username and Password
2.1	Upon subscription, you will be assigned a subscriber name ("Username"), and a password ("Password"); you should change the password to one of your own choice as soon as possible. However, you may not (i) use a name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a name that the UN, in its sole discretion, deems offensive. If the UN has reason to believe that any information you have supplied is not accurate, or if it considers that your Password is offensive, it will terminate this Subscriber Agreement and you will cease to be an authorized user of the Service.
2.2	You must provide the UN with accurate, complete and updated information required by subscription to the Service, including your legal name, address, telephone number, E-mail address, and applicable payment data (i.e., credit card number and expiration date, or checking account information). You must notify the UN within 30 days of any changes in such data. Failure to do so will constitute a breach of this Subscription Agreement, which may result in immediate termination of your account, at the UN's sole discretion. In addition, you shall be responsible for an administrative charge of US$ 25 for the submission of expired or otherwise invalid credit cards or bank checks.
2.3	The UN does not want to receive confidential or proprietary information from you through our website, except that all personal registration information and credit card/checking account information which you supply to the UN will be treated as strictly confidential. Please note that any other information or material sent to the UN will be deemed not to be confidential.
2.4	The UN reserves the right to disclose information about subscriber usage and demographics in a manner which does not reveal subscribers' personal identities.
3.0	Security
3.1	You will be solely responsible for protecting the confidentiality of your Username and Password, and solely liable for any harm resulting from disclosing or allowing disclosure of any Password.
3.2	At all times you will be responsible for all use of the Service under your authorized account ("Account"), and you will be solely responsible for ensuring that any use of your Account complies fully with the terms of this Subscriber Agreement.
3.3	You must notify the UN immediately of any known or suspected unauthorized use(s) of your Username, Password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password or Account information. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Account, at the UN's sole discretion, and the matter may be referred to law enforcement agencies for appropriate action.
4.0	Use of the Service
4.1	You are permitted to download or print extracts of the material on the Service for your personal use only, and for lawful purposes only, providing that you maintain all copyright and other notices contained in the material and agree to abide by all additional copyright notices, information, or restrictions contained in such material. None of the material on the Service may be used for any commercial or public use, and no part of such material may be reproduced or stored in or transmitted to any other website. No material on the Service may be disseminated in any form, either electronic or non-electronic, or included in any retrieval system or service without the prior written permission of the UN. Any request for such permission shall be sent to Attention: Editor at dbusiness@un.org.
5.0	Protected Rights
5.1	Except as set forth in Paragraph 5.2, all text, graphics and other material on the Service is Copyright © 1998-2002, United Nations, and you shall take no action which is inconsistent with the UN's rights as owner of the rights in the Service. No material may be reproduced, modified, stored, transmitted, published, distributed, performed, displayed, sold or exploited in whole or in part, as a derivative work, or in any form, language or by any media, electronic or otherwise, throughout the world, except as outlined below, without the prior written consent of the UN. Copying or even printing this material, except as provided in this Subscriber Agreement, violates the law, and violators may be prosecuted.
5.2	The material relating to procurement opportunities available under World Bank, European Bank for Reconstruction and Development (EBRD) and North American Development Bank (NADB) financing is copyrighted by these banks. It may not be reproduced, stored, transmitted or photocopied in any form or by any means without the prior written consent of, respectively, the World Bank, the EBRD and the NADB.
5.3	The material relating to procurement opportunities available under the financing of other Development Banks is copyrighted by the United Nations and may not be reproduced, stored, transmitted or photocopied in any form or by any means without the prior consent of the United Nations.
5.4	The name and logo of UN Development Business Online are protected by law worldwide, and you are not permitted to use or reproduce, or allow anyone to use or reproduce this name or logo for any purpose. You are not permitted to use the name, emblem or official seal of the United Nations, or any abbreviation thereof, for any purpose.
6.0	Equipment
6.1	You will be solely responsible for obtaining, maintaining and meeting all costs associated with any telephone, computer hardware and software, modems, telecommunications connections, and/or other equipment and services which may be needed to access and use the Service.
7.0	Disclaimer
7.1	The UN does not give any warranty or other assurance as to the operation, quality or functionality of this website, or its fitness for any particular purpose. Access to the website may be interrupted, restricted or delayed for any reason, and you expressly waive and discharge and release any and all claims against the UN arising out of such access or lack thereof.
7.2	The information, text, graphics and hyperlinks provided on the Service are provided 'as is', and the UN does not give any warranty or other assurance, either express or implied, as to the content, accuracy, completeness or timeliness of the material appearing on the Service, or on other sites throughout the Internet. The UN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any person or entity. You acknowledge that any reliance upon such opinion, advice, statement, or information, shall be solely at your risk. The UN reserves the right, in its sole discretion, to correct any errors or omissions in the Service.
8.0	Limitation of Liability
8.1	Under no circumstances, including negligence, shall the UN, or any person involved in creating, producing or distributing the Service, be liable for any loss of business or profits, direct, indirect, incidental, special or consequential damages that may result from the use of or inability to use the Service including, but not limited to, reliance by any subscriber on any information obtained by way of the Service, or that may result from mistakes, omissions, interruptions, deletion of files or E-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the UN's records, programs or services. You hereby agree that this clause shall apply to all material or services available through the Service.
9.0	Indemnification
9.1	By using this Service, you agree to defend, indemnify and hold harmless the UN, its affiliates, and their respective officials and employees from and against all claims, suits, demands and liability of any nature, including the UN's costs and expenses, and attorneys' fees, arising out of the use of the Service by you or anyone having gained access to the Service by use of your Username and Password. This provision shall extend to claims and liability arising out of the use of copyrighted material and other intellectual property by you or anyone having access to the material by means of your Account.
10.0	Advertising Material
10.1	Material appearing on the Service may include advertising and other material submitted by parties other than the UN, and the site may provide links to other websites operated by advertisers and third parties. It is the responsibility of such advertisers and third parties to ensure that such material and such sites comply with all relevant laws and regulations. The UN disclaims all responsibility for any error, omission or inaccuracy in such material and sites or its failure to comply with any relevant laws or regulations. The UN does not endorse any of the firms, products or services that may be contained in such advertising, material or sites.
11.0	Subscription Fee
11.1	You must promptly pay all fees and charges incurred through your Account at the rates then in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. Information on current subscription fees and charges for using the Service may be obtained by contacting dbsubscribe@un.org.
11.2	By submitting the Application Form, you warrant that you have all the necessary rights and authority to enter into a binding Subscriber Agreement with the UN, including authority to enter billing arrangements.
12.0	Settlement of disputes
12.1	The parties will use their best efforts to settle amicably any dispute, controversy or claim arising out of this Subscriber Agreement, or its breach, termination or invalidity. If the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then in effect.
12.2	Any such dispute controversy or claim between the parties arising out of this Subscriber Agreement, which cannot be settled amicably, as described above, shall be referred by either party to arbitration in accordance with the UNCITRAL Arbitration Rules then in effect. The arbitral tribunal shall have no authority to award punitive damages. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.
13.0	Duration and Termination of Subscriber Agreement
13.1	This Subscriber Agreement will take effect when you submit the Application Form and continue until either you or the UN terminate it, at which time you will cease to be an authorized user of the Service.
13.2	You may cancel your Account at any time during the initial 30 day period, by sending E-mail to dbsubscribe@un.org, and you will then receive a full refund of any fees paid. After the initial 30 day period, you may terminate your Account at any time by sending an E-mail to the above address. Upon termination, you will receive confirmation via E-mail that your request was received, and your access to the Service will be terminated. You will not be entitled to a refund of the subscription fee if you terminate the Subscriber Agreement after the initial 30 day period has lapsed.
13.3	The UN may, in its sole discretion, terminate or suspend your access to the Service for any reason, including, without limitation, any conduct which the UN, in its sole discretion, believes is in breach of the Subscriber Agreement or is harmful to the UN's interests. The UN will not refund any subscription fee paid, if the Subscriber Agreement is terminated pursuant to this paragraph.
13.4	In the event of termination, clauses 2, 5, 7, 8, 9, 12 and 14 will remain binding on the parties.
14.0	Privileges and Immunities
14.1	Nothing in or relating to this Subscriber Agreement shall be deemed a waiver, express or implied, of any of the privileges and immunities of the UN, including its subsidiary organs.
15.0	Communications
15.1	The UN reserves the right to send E-mail to subscribers for the purpose of informing them of changes or additions to the Service, or of any related services provided by the UN.
15.2	You may serve a notice on the UN, for the purposes of this Subscriber Agreement, by sending it by E-mail to dbsubscribe@un.org, or by post to: Editor, UN Development Business, 1 UN Plaza, Room 560, United Nations, New York, NY 10017. The UN may serve a notice on you by sending it to your E-mail address, or to the postal address appearing on your Application Form. Notices will be deemed to be served one hour after transmission by E-mail or three days after despatch by post within the United States, or ten days outside the United States. You are responsible for notifying the UN of any change to your E-mail or postal address.

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