Effective as of November 14, 2008
International Finance Corporation ("IFC") offers software, business forms, training, and more to help small businesses in emerging markets grow and succeed (the "SME Toolkit"). The services offered by IFC and its partners and affiliates in connection with the SME Toolkit include the SME Toolkit website (including all country-specific versions thereof) (collectively, the "Site"), the SME Toolkit CD-ROM provided by IFC or its partners or affiliates, and such other features, content, services or applications as offered from time to time on or through the Site (collectively, the "Services"). Please explore the Site and the Services we offer, and when you're ready, we hope you will register as a member. By registering, you provide us with the information we need to enable you to become an active participant on the Site and use the Services you register for. You also have the option to provide additional information to help us customize services and features for your specific needs.
I. About the Site
The Site contains a range of information and tools relating to small business development. There are articles, tools, downloadable forms, images, and other content ("Content") we have written or commissioned from third parties; Content we have licensed from third parties; and user submitted content. Content submitted by users and other third parties is not reviewed or verified by us and neither IFC nor the Site operators are responsible for the content or accuracy of such Content.
In order to register, you will be required to provide some basic information to us about yourself, such as your email address. During registration you will provide an e-mail address and create a password. These are your credentials for accessing Services that are only available to registered members ("Credentials"). You will use your email address to log-in. You will also select a nick-name - the name by which you'll be known to other members if you post or otherwise submit or provide information on the Site, including, without limitation, on bulletin boards. You may not use a nick-name that is vulgar, attempts to impersonate another person, or violates the rights of others.
III. Your Personal Information
IV. Your Responsibilities
V. Limitation on Use of Automated Tools
You may not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.
VI. Changes to the Services
VIII. Links to Other Sites
The Site may include links to other websites, including, without limitation, those of our partners and affiliates. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites or for your use of such sites.
IX. Additional Terms
X. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
XI. Content You Post or Submit
You (or the author) continue to own the copyright in your Postings but, by submitting Postings to the Site, you grant us the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your postings to you if we so choose.
We have no obligation to prescreen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content by using the contact information on the About Us page. Keep in mind that the Postings of others are simply their opinions and you should not rely on them.
In addition to Postings, you may submit feedback to us. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.
XII. Posting Guidelines
These guidelines apply to all content you post to the Site, including text, links, photos and videos. To help create a positive environment, follow the guidelines below. Be sure to check periodically for updates to these guidelines as our community expands.
- Remember you're in public - the information you post in bulletin boards can be seen by others.
- Respect others' opinions - if necessary, agree to disagree.
- Behave ethically.
- Stay on topic - to change the subject, go to another topic area or create a new one.
- Use good judgment - stay in good taste.
- Focus on the facts.
- Be fair and informative - include both the pluses and minuses.
- Harass, verbally attack or threaten others.
- Pretend to be someone you are not or claim false credentials.
- Post or link to content that is obscene or otherwise objectionable.
- Use the community for any commercial or advertising purposes other than in connection with the Business Directory on the Site.
- Post securities information or advice.
- Post content that isn't yours - whether copyrighted or someone's personal material.
- Believe everything you read - postings may be inaccurate.
- Engage in, link to, or promote illegal activities or content.
- Post personal information about someone else unless it's OK with them.
- Get into revert and edit battles on Site pages.
- Disclose the confidential information of others without their consent.
Content posted by users is not verified or fact-checked by us. We do not edit user-provided content, but we retain the right to remove any content that we deem inappropriate. Violations of these guidelines could lead to the suspension or deactivation of your account and all content associated with it.
XIII. Your Use of Content
XIV. Linking to this Site.
You generally do not need to obtain permission from us to put a text link on your site that links back to the Site. We request that you notify us of any links you create to our site and we reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. You shall include all appropriate attributions in connection with all links to the Site and shall not use any link in a manner that is likely to create confusion as to the source of Content.
XV. International Use
If you access the Site and Services from a location outside the U.S., you may be subject to additional requirements from your jurisdiction, including different requirements set forth in the policies posted on the country-specific version of the Site. You are responsible for complying with the laws of all jurisdictions applicable to your use of the Site.
XVI. Use of SME Toolkit CD-ROM
XVII. We Make No Warranties
THE SITE AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS, PARTNERS, AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION. YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS AND ACCURACY OF ALL INFORMATION MADE AVAILABLE ON THE SITE. WE DO NOT, AND OUR LICENSORS, PARTNERS, AND AFFILIATES DO NOT, WARRANT THAT USE OF THE SITE OR SERVICES WILL BE ERROR FREE. INFORMATION, DATA, ADVICE AND OPINIONS MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES ARE INTENDED AS A REFERENCE AND FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT TO BE RELIED UPON. YOU OUGHT TO CONSULT WITH YOUR ATTORNEY, ACCOUNTANT OR OTHER BUSINESS ADVISOR FOR ADVICE SPECIFIC TO YOUR BUSINESS.
XVIII. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR LICENSORS, PARTNERS, OR AFFILIATES IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL WE OR OUR LICENSORS, PARTNERS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR LICENSORS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL EXCEED MTn25,000.00.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, licensors and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services, including, without limitation your SME Toolkit business web page. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
XXI. Electronic Contracting and Notices
XXII. Licensors Rights
XXIII. Entire Agreement
XXIV. Choice of Law and Location for Resolving Disputes
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
XXVI. No Agency
XXVII. Export Restrictions
You acknowledge that the SME Toolkit and all other content management systems and training programs and curricula made available on the Site and all related technical information, documents and materials may be subject to export controls under the U.S. Export Administration Regulations and similar laws of other jurisdictions. You shall (i) comply strictly with all legal requirements established under these controls, (ii) cooperate fully with us in any official or unofficial audit or inspection that relates to these controls, and (iii) not export, re-export, divert or transfer, directly or indirectly, any such item or direct product thereof to any country or nation thereof that is embargoes by Executive Order, unless you have obtained our prior written authorization and the prior written authorization of the U.S. Commerce Department. Upon notice, we may modify this section to conform to changes in the U.S. Export Administration Regulations.
XXVIII. Procedures for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask those posting to this Site to do the same. Pursuant to §512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, if you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, and email address so that we may contact you.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Site can be reached as follows:
SME Toolkit Program Manager
International Finance Corporation
2121 Pennsylvania Avenue
Washington, D.C. 20433
If you believe that Content has been taken down improperly, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which IFC may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
XXIX. No Endorsement
The views and opinions on the Site are not necessarily those of IFC, World Bank or any of IFC's licensors, partners, or affiliates.