VarScout is owned and managed by the International Potato Center (CIP).

These Terms and Conditions (“Terms”) govern your access to and use of the VarScout website and mobile apps (“VarScout”). Please read these Terms carefully and contact us if you have any questions. By accessing or using VarScout, you are agreeing to be bound by these Terms and our Privacy Policy.

CIP reserves the right to modify these Terms at its discretion at any time, such modifications being effective when posted.

1. Access and use to VarScout

In order to access and use VarScout, you must create a VarScout account. When You do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name and country. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use VarScout.

Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use VarScout if you are over the age at which you can provide consent to data processing under the laws of your country. CIP assumes no responsibility or liability for any misrepresentation of your age.

Using VarScout may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

Providing false or inaccurate information or using VarScout to further fraud or unlawful activity is grounds for immediate termination or suspension of your right to access or use VarScout.

2. License to VarScout Content

CIP may provide you with certain information as a result of your use of VarScout. Such information may include, but is not limited to, documentation, data, images, text or information developed or licensed by CIP, except by User’s Content, and other content which may assist in your use of VarScout (“Content”).

Access and use to VarScout is provided in accordance to the CGIAR Principles on the Management of Intellectual Assets (https://www.cgiar.org/resources/cgiar-intellectual-asset-management/) and the CGIAR Open Access Policy (https://www.cgiar.org/resources/open-access/). For this purpose, unless otherwise and explicitly stated, VarScout and its Content are made available by the Creative Commons Attribution NonCommercial License 4.0 International (CC-BY-NC 4.0). Thus, you may download, copy, reproduce, republish, modify, build upon, post, broadcast, transmit, distribute, make available to the public, or otherwise use VarScout Content, provided that (i) you give appropriate credit to the work and any identified source as provided in the corresponding citation, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. (ii) your use is for non-commercial, research, educational, or personal purposes, and (iii) you, in turn, license such Materials under the same conditions. Full terms of the license are available at this link https://creativecommons.org/licenses/by-nc/4.0/. Should you wish to deviate from these conditions, please contact CIP to obtain prior authorization.

You agree not use, reproduce or distribute VarScout or CIP trademarks without prior written authorization.

3. User content

VarScout allows you to create, post and update content, including data, photos, comments, links, and other information. Anything that you post or otherwise make available on VarScout is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to VarScout.

By this Terms you agree to grant CIP and, VarScout and its users a royalty free, non-exclusive, sublicensable, transferable, perpetual, worldwide license to use, save, store, display, modify, reproduce, perform, publish, disseminate and make derivative work your User Content on VarScout solely for the purposes of operating, developing, providing, and using VarScout

CIP may, at its sole discretion, remove or modify your User Content if it establishes that it violates these Terms or any other policies. Acceptance of User Content does not constitute an endorsement or sponsorship of the User Content by VarScout or CIP.

Following termination or deactivation of your account, or if you remove any User Content from VarScout, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. VarScout and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on VarScout.

4. Third Party Content

Use and access to third party content is governed by the terms of use applicable and contained in such third-party websites or apps from which such third-party content originates. CIP is not responsible and has no control over third party content, thus CIP makes no warranties or representations about the content, information, products, or services offered by third parties. Unless otherwise expressly stated, no sponsorship or endorsement by CIP is therefore hereby implied. If you access any third-party website, service, or content from VarScout, you do so at your own risk.

5. Prohibited Use

You agree not to use VarScout or its Content for any unlawful, illegal, fraudulent or harmful purpose or any activity that would violate VarScout, CIP and third-party rights, including but not limited to intellectual property rights. You further agree not to use VarScout or its Content:

    a. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

    b. To violate any intellectual property rights of VarScout, CIP or any third party;

    c. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

    d. To perpetrate any fraud;

    e. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

    f. To publish or distribute any obscene or defamatory material;

    g. To publish or distribute any material that incites violence, hate, or discrimination towards any group;

    h. To unlawfully gather information about others.

6. Indemnification

You agree to indemnify and hold CIP, its employees, officers, trustees and affiliates (if applicable) harmless from and against any claims, suits, proceeding, disputes, demands, losses, damages, costs and expenses, including without limitation, legal fees, resulting or any way related to your access or use of VarScout, its Content, your User Content or violation of these Terms; and to fully cooperate in CIP’s defense against any such claims.

7. Termination

CIP may terminate or suspend your right to access or use VarScout at any time for any reason, with or without cause. CIP specifically reserves the right to terminate or suspend your access immediately and without notice if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of CIP, VarScout or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also terminate your access to VarScout at any time by contacting us and requesting termination. Any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

8. Disclaimer/Limitation of liability

VarScout and its Content is provided by CIP on an “as is” basis. CIP does not warrant or make any representation that any of such Content is accurate, complete or current. CIP makes no warranties, either express or implied, as to the reliability, merchantability, and fitness for a particular purpose of any of the Content, as well as to the non-infringement of intellectual property rights or any other violation of rights. In no event shall CIP be liable for any loss or damages of any nature, including special, indirect, punitive or consequential damages, arising in connection with the access, use, or reliance on VarScout and its Content. CIP may make changes to any Content on VarScout at any time without notice

CIP assumes no responsibility or liability for any User Content that you or any other person posts or sends using VarScout. You hereby understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, or otherwise unsuited to your purpose.

9. Law

These Terms are governed by and construed in accordance with recognized principles of international law, to the exclusion of any single national system of law. You and CIP agree to make every effort to settle amicably any dispute, controversy or claim that may arise out of or relating to VarScout.  Should an amicable resolution may not be reachable within sixty (60) days of such dispute, the dispute shall be finally settled under the Rules of Arbitration of United Nations Commission on International Chamber of Commerce Trade Law (UNCITRAL) by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration will be Lima, Peru.

10. Contact

Any questions or concerns regarding this Terms, please contact us by:

cip-varscout@cgiar.org

International Potato Center (CIP)

Av. La Molina 1895, La Molina

Lima, Perú