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TERMS
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Terms of Use for Mariupol Archive
This archive of selected "Assets," which include, but are not limited to, images, videos, screenshots, 3D models, documents, publications, reports, posts, and other data and assets,
and links thereto (collectively with the Assets, the "Archive") is a non-commercial platform related to the Human Rights Watch investigation into the 2022 siege and devastation of Mariupol.
Human Rights Watch, Inc. and its affiliated charities, branches, and other registered entities are referred to as "HRW" or "we" or "our" or "us" herein. These Terms of Use ("Terms")
apply to your access and use of the Archive.
By accessing or using the Archive, you agree to the following terms and conditions:
(1) General/No License/Compliance With Laws
The Archive is made available as a courtesy by HRW solely for informational purposes to support your own personal or organizational non-commercial and internal research efforts.
HRW does not hold rights to the majority of the Assets, and, as such, does not grant you a license or permission to share, publish, sell, license, reproduce, distribute,
digitally transmit, publicly display, or publicly perform any Assets or creative derivative works based on any Assets.
You agree to these Terms and to our Privacy Policy (https://www.hrw.org/privacy-policy), which is incorporated by reference into these Terms. Your access to and use of the Archive
is subject to these Terms. We may in our sole discretion make modifications to these Terms from time to time. If you access or use the Archive after the date of those modifications,
you accept the Terms as modified.
You access and use the Archive solely at your own risk.
You may not access or use the Archive in violation of any applicable law, rule or regulation. You are solely responsible for complying with all applicable laws, rules and regulations
regarding access to or use of the Archive.
You may not access or use the Archive or any Asset in countries or locations where such access or use is illegal.
You may not access or use or attempt to access or use the Archive to take any action or in any manner that could harm or harms HRW, or HRW's reputation, or the goodwill accrued in HRW's names,
marks and logos, or that could harm or harms any individual featured in any Assets or their security or reputation, or that interferes with the operation of the Archive.
You agree to obtain all applicable copyright, trademark, privacy, and other legally required licenses, consents and permissions required to use any Assets from the rights holder prior to any use.
You are solely responsible for obtaining such licenses and permissions and all related costs.
HRW may in its sole discretion modify, limit or discontinue some or all of the Archive at any time. HRW has no obligation to take the needs of any user into consideration in making such a decision.
HRW may in its sole discretion deny any user access to some or all of the Archive without notice. No waiver by HRW of any provision of these Terms shall be binding except if in writing and signed
by its duly authorized representative.
(2) Third-Party Content
The Archive is hosted on a third-party website/platform and contains links to third-party websites, platforms, applications, information and content, and contains opinions, statements and information
from third-parties ("Third-Party Content") that we did not create, do not own and do not maintain. We provide Third-Party Content only as a convenience to you for the limited purpose stated above.
We do not endorse or make any representations about any Third-Party Content, including without limitation as to the accuracy, completeness, currentness, reliability, or safety of Third-Party Content.
We do not have any responsibility for Third-Party Content or for any loss or damage that may arise from your access to or use of Third-Party Content, including without limitation from any malware,
viruses, corrupt software or harmful components that may result in any loss or damage. Access to, use of or reliance upon any Third-Party Content is solely at your own risk and you will be subject
to any Third-Party Content terms and conditions, and any privacy and other policies that govern your access and use.
(3) Disclaimers
WE PROVIDE THE ARCHIVE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE ARCHIVE OR THIRD-PARTY CONTENT.
WE DO NOT WARRANT THAT WE WILL MONITOR THE ARCHIVE OR THIRD-PARTY CONTENT FOR ACCURACY, ERRORS, SAFETY, COMPLETENESS, OR CURRENTNESS. WE DO NOT WARRANT THAT THE ARCHIVE OR THIRD-PARTY CONTENT
ARE ACCURATE, CURRENT, COMPLETE, RELIABLE OR SAFE. WE DO NOT WARRANT THAT WE WILL UPDATE THE ARCHIVE OR THAT THE ARCHIVE OR THIRD-PARTY CONTENT WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION,
OR THAT THE FOREGOING ARE FREE FROM VIRUSES, MALWARE, CORRUPT SOFTWARE OR OTHER HARMFUL COMPONENTS.
(4) Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS' FEES)
RESULTING FROM OR ARISING OUT OF YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE ARCHIVE OR THIRD-PARTY CONTENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
THE USE OF THE ARCHIVE IS AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FOREGOING. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY,
WE WILL BE RESPONSIBLE UP TO US$1.00.
(5) Indemnification
You agree to indemnify, defend and hold harmless HRW and its officers, directors, employees, agents and representatives from and against any and all losses, injuries, claims,
liabilities and/or damages, including reasonable attorneys' fees, that result from or relate to your access to or use of the Archive or Third Party Content and/or any breach of these Terms.
(6) Governing Law
These Terms are governed by the laws of the State of New York, without regard to its choice of law provisions. Any claim or dispute against us relating to or arising from these Terms
or your access to or use of the Archive or Third-Party Content shall be brought exclusively in the courts of the State of New York, New York County, New York, or in the
United States District Court for the Southern District of New York, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. You agree to waive trial
by jury in any such action.
(7) HRW Assets
HRW has created and made available selected assets related to the Human Rights Watch investigation into the 2022 siege and devastation of Mariupol. These are available
here: https://media.hrw.org/story/en/2423/ukraine-new-findings-on-russias-devastation-of-mariupol. As a condition of access to or use of any such HRW assets,
you are subject to and agree to the HRW Multimedia Newsroom Terms & Conditions of Use: https://media.hrw.org/terms-and-conditions. Except as otherwise stated in and subject
to the HRW Multimedia Newsroom Terms & Conditions, including without limitation, the limited license terms, you do not need to request permission from HRW before publishing or
using assets obtained from the HRW Multimedia Newsroom.
Contact HRW
If you have any questions about the Archive, please contact us at: [email protected].