Terms of use of the information and data system
of the Lake Titicaca Observatory (OLT-IS1)
These conditions of use apply 1) to the use of the Lake Titicaca Observatory (OLT) data produced and managed in the IIGEO/UMSA-IRD GeoVisor by the IIGEO/UMSA (Instituto de Investigaciones Geográficas de la Universidad Mayor de San Andrés, La Paz, Bolivia) & the BOREA/IRD (Laboratory Biology of Aquatic Organisms and Ecosystems, Research Institute for Development, Paris, France) and their partners, their own data and the data of third parties of which the UMSA and IRD are the custodians, and 2) the computer application that manages and makes these data available. Any use of the OLT information system and any data extraction implies the acceptance and respect of all the terms of these general conditions of use.
They constitute an agreement between the OLT (IIGEO/UMSA & BOREA/IRD) and the person requesting the use, hereinafter defined as the User.
Important note:
For security, interoperability and compliance with international standards, a mirror of the OLT is also hosted by the Observatoire des Lacs (OLA) produced and managed by the INRAE (National Research Institute for Agriculture, Food and Environment, laboratory in Thonon-les-Bains, France) and its partners. Therefore, any use of the OLT information system and any data extraction also imply the acceptance and respect of all the terms of use of the Lake Observatory data information system (OLA-IS):
https://doi.org/10.15454/HHN2GA
ARTICLE 1 - DEFINITIONS
The OLT-IS information system: Refers to the entire database of the Lake Titicaca Observatory (OLT) and the computer application that manages and makes these data available. The information system is made available to the User in these Terms of Use (ToU). It contains the data and the derived data.
The OLT database: Refers to all the data of the Lake Titicaca Observatory (OLT) managed by the IIGEO/UMSA (La Paz, Bolivia), the BOREA/IRD (France) and their partners.
ToU: Refers to the Terms of Use of the OLT-IS information system.
Data: Refers to all or part of the data contained in the information system of which the IIGEO/UMSA, the BOREA/IRD, and its partners -- e.g., the UMSA Institute of Ecology (IE) -- are producers and/or custodians, and which benefit from the protection provided by the Code of Intellectual Property.
Derived data: Refers to any data that has a clear relationship with the data in the OLT-IS information system, including any adaptation, arrangement and modification of the Database. Derived Data are subject to the same terms as the ToU that apply to the Data.
Intellectual Property Rights: Refers to the set of rights related to the activities of creation, use and intellectual work.
The User: Refers to the user who has accepted the terms of use set forth herein or who has obtained express authorization to exercise the rights provided for in these ToU. When singular, these terms include the plural and vice versa.
ARTICLE 2 - PURPOSE
The purpose of these Terms of Use (ToU) is to define the conditions of supply of the Data, the conditions of use of the information system (OLT-IS) and the rights and obligations related to the use of the data.
ARTICLE 3 - NATURE OF THE DATA
The OLT information system is designed for the management, archiving and provision of biological, chemical, physical and biogeochemical data managed by the IIGEO/UMSA, BOREA/IRD and their partners.
The observation system focuses on long-term monitoring, mainly of Lake Titicaca, but could also in the future refer to other small and medium altitude lakes (sentinel lakes; e.g. Uru Uru, Poopó, among others).
The data contained in the information system are, on the one hand, data obtained in situ such as general sampling conditions, water transparency, data from multiparameter probes (pH, temperature, O2, chlorophyll-a...), etc, on the whole water column at discrete depths; and on the other hand, counting or analysis data obtained in a laboratory (chemical physics, phytoplankton, zooplankton, primary production, etc.), as well as data generated by images of satellite, drones, etc... All metadata and data available can be viewed directly on the OLT-IS web interface.
These data are used for scientific purposes by the researchers of UMSA, IRD and their partners, as well as by public or private environmental structures (State services, ministries, local authorities, research companies and industries). The data are available to everyone free of charge, by registering on the site and complying with the Terms of Use (ToU).
ARTICLE 4 - INTELLECTUAL PROPERTY
The Data are protected under copyright law. Therefore, the owner or owners of the Data have all moral and economic rights relating thereto.
These Terms of Use do not cause any change in ownership. The rights of use of the Data granted within the framework of the article are expressly subject to compliance with these Terms of Use. Any breach by the User will be considered a serious violation of these terms.
In respect of the moral rights held by the UMSA, IRD and their partners in relation to the Data, the User agrees to mention the origin of the Data on any communication medium or in any form of reuse, regardless of the mention of its copyright, in the following way:
For data concerning Lake Titicaca:
" © OLT-IS, GeoVisor IIGEO-IE/UMSA-BOREA/IRD, [the date of the data download] https://doi..."
And in the acknowledgements: 'We thank the OLT (Observatory of Lake Titicaca), © OLT-IS, IIGEO-IE/UMSA Bolivia, BOREA/IRD France, for the data of the IS OLT, https://doi...'.
The User is the owner of the rights relating to the work that allowed the derivation.
ARTICLE 5 - TIME LIMIT FOR OBTAINING DATA AND FOR USING THE INFORMATION SYSTEM
The information system has a summary function that indicates which data are present in the information system. To access the various data extraction modules, the User must make a request by creating his or her profile. She or he must:
- Fill out the online form and indicate to the OLT the data he wants to access, in which study site, and for which purpose.
- Accept the ToU herein.
The User's application will be subject to validation by the OLT scientists, then he or she will receive personalized access to the different extraction modules.
The User’s access to the Information System is limited to three months from the validation of his or her application. An extension may be made, but it must be made 15 days before the end of the three-month period. After this period, access will be closed and the User will have to make a new request that will be processed as a new application.
ARTICLE 6 - RIGHTS AND OBLIGATIONS
6.1 Rights and obligations of the LTO (GeoVisor IIGEO/UMSA-BOREA/IRD, La Paz and its partners)
From the moment the User created his account, accepted the present Terms of Use in accordance with article 5 of the present ToU, and received the approval of the data producers, the GeoVisor IIGEO/UMSA-BOREA/IRD, as host of the OLT-IS Data, makes available to the User the requested Data for the requested period through an account (login/password) that allows access to the extraction modules by type of data.
This availability grants the User a right of use of the Data that is free, non-exclusive, non-transferable and non-assignable, for any use or reuse other than its commercial or industrial exploitation.
The GeoVisor IIGEO/UMSA-BOREA/IRD and its associates undertake to use the means at their disposal to build and update the Database, as well as the extraction modules. In any case, no obligation of results can be attributed to them.
In order to respect private life, the GeoVisor IIGEO/UMSA-BOREA/IRD and its partners undertake to ensure that personal information be carried out in accordance with Law No. 78-17 of 6 January 1978 [this is a French law; the equivalent of which exists in Bolivia] on data processing, files, and freedoms, known as the Loi "Informatique et Libertés" (Data Protection Act). Consequently, this information will be the subject of a declaration to the CNIL (National Commission for Computing and Liberties). [this commission is French, there must be an equivalent in Bolivia].
6.2 Rights and obligations of the User
6.2.1 The User is authorized to use the information system and its Database, as well as the Derived Data, for his or her own purposes, excluding any other rights. She or he may change or modify the Data that she or he would extract to produce derivative works.
6.2.2 The User is aware of and accepts the constraints and terms of issuance of the Data.
a) The User assumes full responsibility for the use he or she makes of the Database and the derived Data.
b) He or she undertake to inform the GeoVisor IIGEO/UMSA-BOREA/IRD in La Paz of the use made of the Data.
c) The User is not allow to give, make available, or transfer to a third party, in any way, whether directly or indirectly, partially or not, the Database and the Derived Data. Furthermore, the User agrees to retransmit to the IIGEO/UMSA-BOREA/IRD GeoVisor any request for communication of the Data that would be addressed to him or her (include an email here).
d) The User declares that he or she will not commercially or industrially exploit, directly or indirectly, the Database and the Derived Data.
e) In the framework of the publication of his or her results or of any communication, the User agrees to mention the origin of the data in accordance with article 3 of the ToU herein, and to transmit a copy of his publications to the IIGEO/UMSA-BOREA/IRD GeoVisor (include an email here).
f) If the User finds the slightest anomaly in the extracted data or in the extraction modules, she or he undertakes to immediately inform the IIGEO/UMSA-BOREA/IRD GeoVisor who will provide the User, as far as possible, with the responses needed for a correct use of the Data.
g) The database was built to promote scientific collaborations and interactions. Users are therefore strongly encouraged to contact the OLT-IS data producers, and to collaborate and/or cooperate in the drafting of projects and articles with them.
6.2.3 The User is personally liable for breaches of the provisions herein.
ARTICLE 7 - LIABILITY
It is expressly specified that the data are made available "as is". The GeoVisor IIGEO/UMSA-BOREA/IRD of La Paz and its partners reserve the right, at any time and without notice, to modify and make corrections to the Data. GeoVisor IIGEO/UMSA-BOREA/IRD of La Paz and its partners disclaim all responsibility for the quality, accuracy and completeness of the Database, even, and especially, when the data come from third parties.
Therefore, the GeoVisor IIGEO/UMSA-BOREA/IRD of La Paz and its partners cannot be held responsible in any way by the User who downloads the Data or by third parties, due to the content or characteristics of the Data provided, the absence or inaccuracy of the Data or the exploitation and use made of it.
The GeoVisor IIGEO/UMSA-BOREA/IRD of La Paz and its partners shall not act as guarantors in case of violation by third parties and reserves the right to request compensation in case of damages due to the breach of these terms and conditions when the basic or derived data are used.
The GeoVisor IIGEO/UMSA-BOREA/IRD of La Paz and its partners shall not be responsible or jointly liable for the consequences, accidents and/or immaterial damages, such as loss of profits, loss of production, loss of Data or information, loss of enjoyment of rights and partial or total interruption of the activities of any User of the Basic Data or Derivatives.
GeoVisor IIGEO/UMSA-BOREA/IRD of La Paz and its partners shall not be considered as failing for any breaches of their obligations arising out of the ToU herein when such brech is manifestly the result of an event attributable to "force majeure" as defined in articles 607, 1148, 1302, 1348 and 1722 of the French Civil Code [look for the equivalent in Bolivian legislation], or of any event beyond their control that cannot be avoided, despite their reasonable efforts, such as technical malfunctions.
The User makes use of the Data, under the terms of the ToU, under his or her sole responsibility and at his or her own risk. He or she is responsible for the use and exploitation of the Data.
ARTICLE 8 - DURATION AND TERMINATION
8.1 These Terms of Use (ToU) herein are concluded for a period of five (5) years from the acceptance of the Terms of Use and the download of the data by the User.
After the five years, the User agrees to destroy all data transmitted under these Terms, together with any copies thereof, and to cease using them.
8.2 The GeoVisor IIGEO/UMSA-BOREA/IRD and its partners reserve the right to terminate the distribution or delivery of such database without notice. The User agrees to destroy all of the Data transmitted under the ToU herein, together with their copies, and discontinue any use once she or he has put an end to the operation of the OLT Database.
At the end of the term or at the termination of these ToUs, the User shall no longer enjoy any of the rights set forth herein.
ARTICLE 9 - APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
The ToUs are governed by French law [Bolivian law] and interpreted in accordance with the provisions of the latter. The User and the GeoVisor IIGEO/UMSA-BOREA-IRD and their associated producers shall strive to amicably resolve any dispute that might arise from the interpretation or execution of the ToU herein.
In case of persistent disagreement, the assignment of jurisdiction is made to the competent courts within the jurisdiction of the head office of IIGEO/UMSA-BOREA-IRD GeoVisor.
ARTICLE 10 - CONTACT AND SPECIFIC CONDITIONS
Any use of the information system outside of what is defined herein should be directed to the IIGEO/UMSA-BOREA-IRD GeoVisor at [include email here]. If the IIGEO/UMSA-BOREA-IRD GeoVisor does not expressly respond to the request within a period of thirty (30) days, then the request is by default considered as refused.