Terms of Use

Terms of Use

Copyright © 2006, RADA Institute, 19/10/2006

Introduction

Welcome to the Internet site of the RADA Institute (RADA Site), the platform of a highly qualified group of development experts, advocacy leaders, and capacity building consultants. The RADA website offers information and support in the area of civil society development.

RADA Site is operated by The RADA Institute. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the RADA Site, you agree to these terms of use. If you do not agree to these terms of use, you may not use the RADA Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment."

Restrictions on use of materials

Except for the databases and news sections, all materials contained on the RADA Site are the copyrighted property of RADA Institute, with the agreement of authors and/or third-party licensors. All trademarks, service marks, publications, trade names, and trade dress (slogans, logos, mottos) are proprietary of RADA Institute, or its consultants. No material from RADA Site operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, education purposes use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our services, or publications, brands, and (iv) you do not download quantities of publications to a database that can be used to avoid future downloads from RADA Site.

In the event you download software from RADA Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors who created this material for your personal, noncommercial home use only. We do not transfer the title of the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Every analysis or research will be reproduced only with the agreement of authors. RADA Site will include contacts of international consultants, partners, researchers, and trainers, and donors who will be open to the public in order to become more visible within the local, regional and international communities. RADA Institute will provide these contacts only for professional purpose, to the organizationsí and consultantsí benefit.

Submissions

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Please be advised that we have a long-standing organization policy which allows us to accept or consider creative ideas, suggestions, or materials that we have generally or specifically requested. We want to avoid the possibility of future misunderstandings when articles developed by our professional experts might seem to others to be similar to their own creative work. While we do value your feedback on our services and products, we request that you be specific in your materials and not submit any repetitive ideas. Any suggestions and other materials are welcomed.

The Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions because RADA Site is a transparent way of information dissemination. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity, if otherwise is mentioned in written agreement between our organization and those that make submissions.

Public communication

"PUBLIC COMMUNICATION" or ďInteractive ActivitiesĒ refers to a online/live area, message board, instant messaging, mobile messaging or e-mail function offered as part of RADA Site. If you participate in any interactive activities within the RADA Site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a RADA Site by way of any interactive tools is routed through RADA servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Interactive activities and features on RADA Sites are public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the interactive discussions, material submissions, etc. We are not responsible for the content or opinions posted or sent by users, by our consultants in any live navigations, e-mails exchanges, etc. You take responsibility for postings under your name and use the information provided at your own risk. We reserve the right to remove or edit content from any interactive live activities, at any time, and for any reason, although we have no duty to do so.

When participating in public communications, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated or other user-generated content area. Information obtained in such ways may not be reliable, and it is not a good idea to take any action, including pro-active mobilization, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

House rules

The following is a list of the House Rules of conduct for the RADA Site. By using the RADA Site you agree not to do any of the following:

  • Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); d) in contradiction of the UN Convention on the Human Rights and countriesí Constitutions where RADA Institute operates; or that (e) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
  • Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another personís personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
  • Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any forum for commercial purposes of any kind, post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
  • Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
  • Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," and "flooding" as those terms are commonly understood and used on the Internet;
  • Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
  • Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme. Additionally, you may use it for noncommercial purposes only. You must furnish your actual e-mail address or mobile phone number in order to send materials/messages. Any business use, "remailing," or other high-volume application is strictly prohibited. You are not permitted to send messages using an automated program. Articles, comments and other materials may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity.
All materials that violate these guidelines will not be delivered. We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these House Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Site. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the RADA site in violation of the international law.

Content linked to rada site

You should be aware that when you are on the RADA Site, you could be directed to other sites that partner with us. There are links to other sites from RADA pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the RADA Site. This includes links from NGOs, donors, consultants, think tanks, news agencies, advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves the RADA Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that RADA is not responsible for those sites. We reserve the right to disable links from third-party sites to the RADA Site, although we are under no obligation to do so. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on sites listed in our search results or otherwise linked to the RADA Site.

You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party. You may not use or exploit any portion of the Site or Services to provide any commercial services to third parties.

Disclamer

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the RADA Site. We cannot ensure that you will be satisfied with any services that you receive from sites that link to or from RADA Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including personal information) you might be requested to give by any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communications with any of these third parties with which RADA Site is just a partner.

Subscriptions/billing

Some services offered on RADA Sites are/could be subscription-based services, such as on-line news services, electronic bulletins, etc. Please refer to the headquarters of RADA Institute for the applicable subscription-based service for specific terms and conditions applicable thereto.

Limitation of liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, RADA SITE OR PUBLICATIONS OR FUNCTIONS ON SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Jurisdictional issues

RADA Site is edited and operated by The RADA Institute, which was founded in December 2003 and officially registered in June 2005 in Kiev, the capital of Ukraine. We make no representation that publications on RADA Site are appropriate or available for use in any particular location. Those who choose to access the RADA Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Amendment

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. In the event that we do so, we reserve the right to notify you of any such change, modification, addition, or deletion by sending you an e-mail at the last e-mail address that you provided to us, and/or by posting notice of any such change, modification, addition, or deletion on the Web sites covered by these terms of use. Any such change, modification, addition, or deletion will be effective upon fifteen (15) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of such notice on the Web sites covered by these terms of use. Please note that, at all times, you are responsible for updating your personal information and to provide us with your current e-mail address, to your benefit. In the event that the last e-mail address that you have provided to us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

Termination

These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the RADA Site and destroying all publications obtained from this site and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination to

RADA Institute
36, Vorovskogo Str., Kyiv, 01054, Ukraine, tel//fax: +38 044 230 57 53,
e-mail: office@rada-institute.org,

We may immediately terminate these terms of use with respect to you (including your access to the RADA Site) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the RADA Site. As a law abiding organization, we implement a policy that provides for the termination, in appropriate circumstances, of users who are repeatedly violate copyright rules.

General provisions

These terms of use shall be governed by and construed in accordance with the laws of Ukraine and applicable international treaties ratified by Ukraine. You agree that any legal action arising out of or related to these terms shall be filed only in Ukraine and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.