The Tourism Law Observatory for Latin America and the Caribbean (“the Observatory”) is an electronic platform created by the Inter-American Development Bank (“IDB”) with the support of the World Tourism Organization (“UN Tourism”).
UN Tourism is the managing body of the Observatory’s platform and as such establishes the Terms and Conditions of Use of the Observatory’s website (the “Website”). All materials appearing on this Website are subject to these Terms and Conditions.
Please read the following Terms and Conditions of Use carefully before accessing or using the Observatory’s website.
These Terms and Conditions govern your access to and use of this Observatory website and the features and information that will be available to you when using it. By accessing or using the Website, you acknowledge that you understand and agree to be bound by these Terms and Conditions, as amended from time to time, in their entirety.
1. General:This User Agreement sets out the Terms and Conditions authorizing you to use the Observatory website. By accessing and/or using the Observatory website, you agree to abide by all the Terms and Conditions contained in this User Agreement. Pursuant to this User Agreement, the rights and obligations relating to the use of the Observatory website are inherent to you and are not transferable to any other person or entity.
From time to time, these Terms and Conditions of Use of the Observatory website may be amended. You should therefore review these Terms and Conditions each time you access or use the Observatory website, as any use by you after such changes, amendments or additions have been made will be governed by this User Agreement.
2. Use of web content.The Observatory website contains copyrighted material and other proprietary information and is therefore protected by worldwide copyright. You are authorized to use, download and print the materials contained on the Observatory website solely for your own personal, non-commercial use and in accordance with this User Agreement, provided that you do not alter or remove any copyright symbol or other identifier of authorship from any of the materials contained therein or otherwise available on the Observatory website.
Except as expressly permitted by applicable law, any copying, browsing, redistribution, publication or commercial exploitation of any material contained or available on the Observatory website is strictly prohibited. You may make a backup copy of the information on the Observatory website for your personal use; however, you may not copy, modify, adapt, reproduce, translate, reverse engineer or decompile any aspect or part of the Observatory website.
3. Use of Third-Party Content. UN Tourism does not necessarily own all the components of the content present on the Observatory website. Accordingly, UN Tourism does not guarantee that the use of components or parts individually owned by third parties does not infringe their rights. The risk of claims arising from any such infringement rests solely with you. In the event that you wish to reuse a component from the Observatory website, it is your responsibility to determine whether permission is required and to obtain such permission from the copyright holder. Examples of such components include, but are not limited to, tables, figures and images.
4. Use of discussion forums and commenting tools. The Observatory’s website contains interactive sections with discussion forums and commenting tools. When participating, you must refrain from: The website of the Observatory contains interactive sections with discussion forums and tools to submit observations. By participating, you must refrain from:
You specifically acknowledge that UN Tourism is not responsible for the conduct of other users. Users who repeatedly post material that falls into the above categories will be removed from the discussion forums and/or banned from participating in the discussion forums and using the commenting tools.
5. Sublicensing.Any form of subcontracting, resale, republication or other forms of redistribution of any information or software used on the Observatory website, including registration of keywords on the Internet, by email, fax, archiving as public information, redistribution to third parties through computer networks or in print, is strictly prohibited. UN Tourism and its affiliates may deny you, without prior notice, access to all or part of the Observatory website if you engage in any conduct or activity that UN Tourism believes violates applicable law or any of the terms of this Agreement.
6. No warranty. Liability Disclaimer.NEITHER UN TOURISM NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY DATA PROVIDERS, NOR ITS LICENSORS WARRANT THAT ACCESS TO AND USE OF THE OBSERVATORY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION ACCESSIBLE FROM THE MATERIAL IS FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS; NO WARRANTY IS GIVEN AS TO THE RESULTS OBTAINED FROM THE USE OF THE OBSERVATORY WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICES AVAILABLE THROUGH THE OBSERVATORY WEBSITE.
THE OBSERVATORY WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, OF ITS FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL UN TOURISM BE LIABLE FOR ANY PERSONAL INJURY OR INJURY TO ANY THIRD PARTY OR FOR COMMERCIAL DAMAGE OF ANY KIND, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OBSERVATORY’S WEBSITE, EVEN IF UN TOURISM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY OTHER CLAIM MADE BY YOU OR ANY OTHER PERSON.
Furthermore, you expressly acknowledge and agree that the information, text, graphics and links provided by the Observatory website and located on other sites through the combined global electronic networks known as the Internet and the “World Wide Web” are provided solely to facilitate your research. Such links to other sites are not endorsed by UN Tourism. UN Tourism makes no guarantee, express or implied, as to the accuracy, reliability or content of such information, text, graphics and links. UN Tourism has not tested any software located on other sites and does not guarantee the quality, safety, reliability or suitability of such software.
In no event shall UN Tourism or any of its affiliates or licensors be liable for any direct, indirect, incidental, special, punitive or consequential damages for any reason whatsoever resulting from your use, non-use or reliance on the information, or resulting from any errors, omissions, interruptions, deletions, mistakes or defects in the information, or delays in operation, transmission or operational breakdown.
7. Indemnification.You agree to defend, indemnify and hold harmless UN Tourism and its affiliates from and against any and all claims and expenses, including attorneys’ fees, arising out of any violation of this Agreement by you or by any person accessing the Observatory website through your account.
8. Use of UN Tourism signs. The UN Tourism emblem is the official identifier and seal of the Organization and is registered under international treaties and conventions on intellectual property. Its use is highly restricted and is prohibited without the prior written permission of UN Tourism. Under no circumstances shall authorization be granted to use the name, emblem or official seal of UN Tourism or the United Nations, or any abbreviation of the name of UN Tourism or the United Nations, for commercial purposes.
Requests for use of the UN Tourism emblem for any reason whatsoever, whether or not associated with other logos, should be addressed to [email protected] together with a sample document/image of the intended use of the emblem. When permission to use the UN Tourism emblem is granted, instructions for its placement and display, including appropriate disclaimers, must be strictly observed. UN Tourism reserves the right to request the immediate removal of its emblem from unauthorized websites or products.
9. Use of the Observatory logo. The logo of the Tourism Law Observatory for Latin America and the Caribbean is the official identifier and seal of the Observatory. Its use is highly restricted and is prohibited without prior authorization. Requests for use of the Observatory’s logo for any reason whatsoever, whether or not associated with other logos, should be addressed to [email protected].
Where permission is granted to use the Observatory’s logo, instructions for its placement and display, including appropriate disclaimers, must be strictly observed. The use and reproduction of content featuring the Observatory’s logo shall not be associated with advertising or the names of copyrighted products and shall in no way imply endorsement by UN Tourism of products and services. UN Tourism reserves the right to request the immediate removal of the Observatory logo from unauthorized websites or products.
10. Termination.Either you or UN Tourism may terminate this User Agreement at any time, effective immediately, with or without notice to the other party. Termination of this Agreement automatically terminates your licence to use the Observatory website and any materials contained therein. The provisions contained in clauses 6, 7, 8, 9, 11 and 12 shall survive the termination of this User Agreement.
11. Applicable law. Disputes.This User Agreement shall be governed by general principles of law, excluding any national legal system. Any dispute, controversy or claim arising under or out of this User Agreement shall be resolved by mutual agreement. If the Parties are unable to reach agreement on any disputed matter, either party shall have the right to request arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law. The Parties agree to be bound by any arbitration award rendered, pursuant to the foregoing, as the final decision in any dispute. Nothing contained in or relating to this User Agreement shall be deemed an express or implied waiver of UN Tourism’s privileges and immunities.
12. Other.This User Agreement and any policies of UN Tourism relating to the operation and use of the Observatory website constitute the entire agreement and understanding between UN Tourism and you with respect to the matters addressed herein. The provisions of this User Agreement shall inure to the benefit of UN Tourism, data providers and licensors. No waiver by either party of any provision or any breach or default under this Agreement shall be deemed a waiver of any other prior or subsequent breach or default.
In the event of any discrepancy with other language versions, the Spanish language version of these Terms and Conditions shall take precedence.
