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Draft Terms & Conditions of Use

A. Introduction
B. Disclaimers
C. User Rights and Responsibilities
D. Intellectual Property
E. Preservation of Immunities
F. General

A. Introduction

LexUM (the “service provider”) maintains this database on behalf of the International Telecommunication Union (“ITU”) and the World Bank (the “sponsors”) for the benefit of those who may choose to access this website (“User”). Each user, by accessing this website, agrees to and accepts be bound by the present Terms and Conditions of Use.

1. The service provider and the sponsors shall collectively be referred to as the “host”.

2. This database is maintained in English, French and Spanish languages, each of which is equally authentic. The host bears no liability for translation errors on the database or its contents. All language versions of the present Terms and Conditions of Use are of equal value. In case of discrepancy between or among versions, the English language version shall prevail.

3. The term "the ICTdec Web site" or “this website” includes all the pages published online by hosts on this site, as well as the services offered on this Web site, namely access to the published documents and databases and access to ICTdec's search engine.

4. The term "Published Document" refers to all documents published online on the ICTdec Web site.

5. The term "Database" refers to a set of documents published on the ICTdec Web site. A database consists of documents that emanate from the same decision making body and that are of the same nature. Each database has its own respective introductory page, henceforth referred to as a database "Entry Page".

6. The usage of this database is subject to the following:

B. Disclaimers

7. This database is not legal advice, and should not be construed as such or as substitute for legal advice from competent legal counsel. The statements, findings, interpretations and conclusions expressed in the database are those of the authors of original decisions and do not reflect the view of, or are endorsements from Lexum, the ITU, the Board of Executive Directors of the World Bank, or the governments they represent. Reliance upon, and use of this database, and any information contained in it or accessed through it, shall solely be at the User’s risk.

8. The documents published and posted on the ICTdec Web site have been gathered and organized for User convenience. While due care is taken to this site and to ensure the quality of documents and information published on this site, this database is maintained on an “as is” basis, without warranties of any kind as to the accuracy or completeness of any of the documents posted on the database, or their non-infringement of other’s rights. The host is not responsible to any user for any inaccuracy, error, omission, interruption or incompleteness of any content maintained in the database. Further, the User understands and accepts the possibility of technical difficulties and service interruptions on the ICTdec Web site.

9. This database may be updated/changed periodically to incorporate the fast-paced developments in the telecommunications and information and communication technologies sectors; such efforts do not however guarantee that the most recent information will necessarily be obtainable from the database. The host cannot be held responsible for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from using this database. The host is also not responsible for any technical difficulties or service interruptions that may occur even as it endeavors to maintain continuous access to the database.

10. The database contains links to third-party websites, which are not under the control of the host. The host is not responsible for and hereby expressly disclaims any and all liability for any and all damages or loss resulting from the use of this website or any third party website accessed via this website including, without limitation, in connection with:

  • the contents of any third-party websites, or any site contained within these websites;
  • the use made of any database or any document published containing erroneous or omitted information;
  • the unavailability of published documents, service interruption and problems with access to published documents; or
  • the use made of documents available on any third-party website to which this website may provide a hypertext link.
The host is also not responsible for failure of performance, computer virus, communication line failure etc. of these websites. These links are provided purely for convenience of users. This database may also contain opinions, advice or statements from various other content providers and all disclaimers applicable to this database apply in respect of any third-party website and other content-providers as well.

11. The use of published documents included in certain collections might entail additional conditions of use. These additional conditions are indicated overtly on the collection’s Entry page and form an integral part of these conditions of use.

12. The boundaries, colors, denominations, and other information shown on any map or in any reference on the database does not imply any judgment on the part of the host concerning the legal status of any territory or the endorsement of such boundaries, denominations etc.

13. This database does not provide any investment recommendation. Nothing in this database shall be construed, in any manner, as containing any investment recommendations. The host is not registered under any securities law, including without limitation the US Investment Advisers Act of 1940. Accordingly, nothing in this database constitutes an offer of or an invitation by or on behalf of the host to purchase or sell any shares or securities nor should it be considered as investment advice.

C. User Rights and Responsibilities

14. The User can consult, reference, reproduce and distribute materials from this database, but not use them for commercial purposes, or for any other purpose, without acknowledging that they have been downloaded from this database.

15. The User shall refer, reproduce and distribute materials from this database so as to ensure the integrity of the material as maintained on the database. The reproduction of documents published on the this website that would result in hiding the fact that the document originates from the ICTdec Web site is strictly prohibited, be it by framing, by re-use of ICTdec search mechanisms or by any other means. The User can re-use the raw content of the materials, provided that editorial inserts contained therein are removed prior to their re-use.

16. The User shall acknowledge and respect the proprietary rights of the host relating to intellectual property rights, especially when it involves editorial content provided by the host. Specifically, the user shall not reproduce materials taken from this database in any manner that would result in hiding the fact that the materials originate in the database.

17. The User agrees not to indulge in mass-downloading of materials from this database, especially when it can cause over-loading of the server.

18. This database may contain bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively called “Forums”), which may be used only to send and receive messages and materials that are proper and related to the particular Forum. In particular, the User shall not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information
  • Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls these rights or has obtained the necessary consent
  • Delete any author contributions, legal notices or proprietary designations or labels in any file that is uploaded
  • Falsify the origin or source of software or other material contained in a file that is uploaded
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters.
In this context, the User specifically understands and acknowledges that the host is not responsible for the conduct of any other User.

19. The User acknowledges that all Fora are public and not private communications, and that any posting in any Forum is neither screened, reviewed, approved, nor endorsed by the host. The host may remove any posting on any Forum at any point for any reason. The user understands that the host is not responsible for the conduct of any other user.

20. The User agrees to indemnify the host from and against all actions, claims, losses, damages, liabilities and expenses (including reasonable attorney’s fees) arising out of User’s use of this database. If User is dissatisfied with any material on the database or with any of the terms and conditions for its use, User’s sole remedy is to discontinue using this database.

21. The hosts reserves the right to modify, limit or withdraw the current user license to any User making abusive or unlawful use of this website.

D. Intellectual Property

22. Host reserves all intellectual property rights on the re-use of its editorial work. This includes, but without limiting the generality of the foregoing, the conception of its navigational pages and any editorial insert made by the hosts in published documents such as headers, footers, headnotes and hypertext links placed in the body of texts.

E. Preservation of Immunities

23. Nothing herein shall constitute or be considered to be a limitation upon or a waiver of any privileges and immunities of the sponsors, which are specifically reserved.

F. General

25. The host reserves its exclusive right to alter, limit or discontinue the database or any other Materials in any respect, without considering the needs of any User.

26. The host also reserves the right to deny, in its sole discretion, any user access to this database or any portion thereof without notice.

27. No waiver of the host of any provision of this Agreement shall be valid and binding, except as set forth in writing signed by its duly authorized representative.