General terms of use for the Children’s Rights Portal

General terms of use for the Children’s Rights Portal

August 2010 Version

By accessing the “Children’s Rights Portal” (http://humanium.org/en), you accept legal responsibility for the following conditions.

If you do not wish to be legally bound by the following conditions, do not use and/or access the “Children’s Rights Portal.”

The “Children’s Rights Portal” is developed by the Humanium Association. The legal contact and legal representative for the “Children’s Rights Portal” is the Humanium Association in Switzerland.

The “Children’s Rights Portal” is driven by WordPress.

Purpose and definitions

The purpose of the present General Terms of Use, hereinafter referred to as “GTU,” is to outline the details for the available services on the “Children’s Rights Portal,” hereinafter referred to as “Service” and the terms of use of the Service for all who use the “Children’s Rights Portal” or one of the services driven by the “Service,” hereinafter referred to as “User.”

The term “Member” refers to a User who is identified on the website as a Member of the Humanium Association (as required by the Articles of Association of the Humanium Association).

The term “Registered User” refers to a User identified on the “Service.”

The term “Username” collects the information needed to identify a User on the “Service” in order to gain access to areas reserved for Members and Registered Users.

The term “Visitor” refers to a non-identified person on the “Service” who posts comments on articles published on the “Service.”

The term “User Content” means and refers to all data transmitted by a User and a Visitor in and on the Service.

Presentation

The “Children’s Rights Portal” is developed by the Humanium Association, and aims to increase awareness, inform and take action in order to make Children’s Rights a reality.

It is a place that allows sharing between Members and Registered Users so that they may stay informed and publish articles and comments on topics related to Children’s Rights.

It is a discussion board that allows Members, Registered Users and Visitors to react to suggested topics by posting comments on articles.

Be advised that the information presented on this website does not necessarily reflect the official position of the Humanium Association.  This information may include testimonials, advice, collaborator and internet users’ opinions which is personal.

Access to the Service

Compliance between User Content and the GTU is not guaranteed by the Humanium Association and as such, access to the Service is not recommended for minors under the age of 18. Parental consent is required for children under the age of 13.

Access to the Service is free. However, all costs associated with access to the Service (material costs, software, Internet access etc.) are the User’s responsibility. The User alone is responsible for the proper functioning of his computer equipment and for access to the Internet.

The Humanium Association reserves the right to refuse, restrict, suspend or cut off access to the Service, unilaterally, without reason or advance notice, to any User who does not abide by the GTU and/or the Ethical Charter of the Humanium Association.

Certain sections and functions of the Service are reserved for Members and/or Registered Users after identification as such.

The Humanium Association is under no obligation to guarantee access to the Service and cannot be held responsible for System malfunction.

The Humanium Association can interrupt, cut off, suspend or modify access to all or part of the Service, without advance warning or explanation.  In addition, interruption of the Service does not give rise to any obligation or right to compensation.

As a Registered User and/or Member using the Service, you agree to be the recipient of emails from the Humanium Association that include information and updates about the utilization of the Service as well as the activities of the Humanium Association.At any time you may decide to stop receiving these emails by writing to info@humanium.org.

Personal Data

The Humanium Association respects your right to privacy. Your personal data is only used for administrative purposes at the Humanium Association and for the Service’s internaladministration.  We will not pass on any of your information to third parties.

Preservation of data

The IP address of all messages is recorded in our data bank to aid in reinforcing the GTU. As a User, you agree to have any information you have entered being stored in our data bank.

Neither the Humanium Association nor WordPress shall be held responsible for any hacking attempt that may lead to the data being compromised.

Your own personal data on the Service are protected by the data protection laws in Switzerland. Information other than your username, password and email address that are required by the Service during the registration process is mandatory or optional, at the discretion of the Humanium Association.

It is not recommended to use the same password on multiple Internet websites.  Your password is your means of access to your account on the Service, therefore be sure to keep it safe.  Under no circumstances can anyone affiliated with the Humanium Association, the Service, WordPress or a third party legally ask for your password.  If you forget your account password, you can use the “Forgot your password?” function provided by the WordPress software.  This procedure will ask you to confirm your identity and email address.  The WordPress software will then create a new password so that you can access your account.

The user agrees to maintain the confidentiality of the password and not reveal it under any circumstances.  The User uses his username and password on the internet at his own risk.  It is the User’s responsibility to take all necessary measures to protect his data from harm.

The Humanium Association cannot be held responsible for damages resulting from the transmission of personal data on the Service, including the user’s username and/or password.

If you simply wish to access your personal data or to modify it, you can access your user space on the Service.

Data integrity

By using the Service, you agree to provide true and accurate information, as defined in the registration process for the Service. You agree to regularly maintain and update this Registration data.

In the event that you give information that is false and/or inaccurate, the Humanium Association has the right to suspend or deny you access to all or part of the Service.

Data collection

By using the Service, your information is collected in two different ways.

First, in browsing on the Service, the WordPress software creates a certain number of cookies, which are small text files that are stored in the temporary files of your Internet browser on your computer.  The first two cookies hold only user identification and an anonymous session identification, which are automatically assigned to you by the WordPress software.  A third cookie is created as you browse topics located on the Service. It gathers information on the topics you have visited in order to provide you with a better User experience.

Cookies external to the WordPress software can be created when you browse the Service, even though these are out of the reach of the document which is only meant to cover the pages created by the WordPress software. The second way in which we collect information is by saving information that you send us. This can be but is not limited to: User publications, registration on the Service and messages that you send after registration and when connected to the Service.

Publications on the Service

User responsibility and publication content

You agree not to publish any material that is abusive, obscene, vulgar, libelous, shocking, threatening, pornographic or of any kind that could violate the laws of your country, the laws of Switzerland, International Law, the GTU and the Ethical Charter of the Humanium Association.

By publishing a User Content (an article, a comment, a link, a video etc.) you acknowledge in particular that:

– you are fully aware that the content can be freely read by everyone;

– you agree that the content which you publish conforms with the laws in your country, Switzerland, International Law, the GTU and the Ethical Charter of the Humanium Association.

– you agree to accept responsibility for the content that you publish and for the content for the webpages to which you provide links;

– you accept that the User Content is moderated unconditionally, without explanation or advanced warning;

-you ensure that your User Content follows copyright laws and the set of International Laws on Intellectual Property;

-the User is the only one responsible for the User Content and the Humanium Association cannot be held liable under any circumstances, on any ground whatsoever;

-you are responsible for the truthfulness of all the information you put on the Service;

– the possible falsification of your identity is your full and entire responsibility;

-the User agrees to compensate the Humanium Association for all resulting damages directly or indirectly caused to the Service;

– your User Content can be used by other Users on the Service but the Humanium Association is not responsible for any mistakes, omissions or results that could be obtained from poor usage of your User Content.  A User who uses the User Content of another User should, at the very least, indicate the author’s pseudonym and source. He is responsible for making sure that the User Content is in conformity with copyright laws.

The User agrees that his User Content will not infringe upon the legitimate interests of any third party. As such, the User agrees to cover the Humanium Association for liability in respect of claims, based directly or indirectly on the User’s writings and/or data, by any person who is likely to be bring suit against the Humanium Association.  He agrees in particular to take responsibility for the payment of sums, however much they are, resulting from a third party claim against the Humanium Association, including the legal fees and court expenses.

By using the Service, the User agrees to immediately notify the Humanium Association of any content that does not entirely comply with the GTU and the existing laws and regulations. The User should send an email to the Humanium Association at info@humanium.org.

All of the publications can be automatically referenced by various search engines on the Internet.

The Service allows the insertion of hypertext links to websites edited and/or managed by third parties. Insofar as no control is exercised over these external resources, the User recognizes that the Humanium Association assumes no responsibility related to the availability of these resources and cannot be held responsible for their content, practices, functioning etc.

Moderation of content

User Content moderation occurs retroactively and does not necessarily take place automatically. Thus, content is published immediately and any possible moderation takes place after publication.

Moderators may evaluate your messages and reserve the right to delete any or all of them, without advance warning or explanation.

The role of the moderator is in particular to make sure that Users and the Visitors conform to the present GTU and Ethical Charter of the Humanium Association.  The moderator oversees conformity with current laws and rules but the user has the ultimate responsibility for conformity with the current laws and rules.

The moderator reserves the right to temporarily or permanently ban a User from using the Service.

Contributions will be systematically removed if their content is:

-contrary to public order, good character and the Ethical Charter of the Humanium Association;

-abusive, defamatory, racist, xenophobic, revisionist or detrimental to the honor or reputation of others

– an incitement to discrimination, hatred toward a person or group of people because of their origin, their membership or non-membership to a specific ethnic group, nation, gender, race or religion;

-threatening to a person or to a group of people;

-a citation of a brand, Internet website or commercial services (in particular when these citations are recurring and/or could constitute subverted advertising).

Intellectual property

The website http://humanium.org/en and all of its content (text, photographs, illustrations, pictures, logos, documents etc; including publications on the Service) are protected by International Law and Swiss Law. All rights are property of the Humanium Association.

The content published on the website for the Humanium Association is protected by copyright and Intellectual Property law. Its reproduction or circulation, without explicit written permission from the Humanium Association constitutes an infringement of copyright that is liable to criminal prosecution.  All unauthorized reproductions of the Humanium brand, its logo and distinguishing symbols constitute an infringement of copyright that is liable to criminal prosecution.

The User expressly and graciously yields all intellectual property rights regarding User Content to the Humanium Association and in particular the right of reproduction, representation and adaptation for the legal duration of copyright protection.

The Humanium Association reserves the right to delete all or part of the User Content, at any moment and for any reason, without warning or explanation. The User may not seek to make any claim in this regard.

Changes to the present privacy statement

The Humanium Association may make changes to the GTU at any time without reservation.  If a substantial change of importance is made to the GTU, the Humanium Association will inform the Users of this change either by email or on its website.

Users are advised to regularly check the updated GTU. In continuing to use the Service after changes have been made, the User accepts legal responsibility for such changes and/or updates.

Place of jurisdiction

The copyright laws, applicable to content and data transmission on and about the website, are determined by Swiss law.

In case of a dispute which cannot be resolved amiably, the competent place of jurisdiction is Geneva, Switzerland.

Addresses and additional information

Association Humanium

Ch. Ancien-Péage 6

1290 Versoix –Switzerland

Tel. 022 575 30 04

Email : info@humanium.org

The Service is driven by WordPress which is a content management system (CMS) that allows for the easy creation or management for a website or blog. WordPress can be downloaded from www.wordpress.fr.net or from www.wordpress.com.

The WordPress software aims to facilitate exchanges and discussions on the Internet. The WordPress group is not responsible for the User Content.  For more information about WordPress, please consult: www.wordpress.com.