Terms & Conditions

These Terms were last updated on March 10, 2015.

This website (the “Website”) is at the heart of an international media and social project launched in memory of the Armenian Genocide and the remarkable stories of those who survived. The Website is managed by Charitable Foundation Initiatives for Development of Armenia (“IDeA”), organization registered under the laws of the Republic of Armenia acting under the supervision of Board of Trustees that is comprised of the main inspirers and supporters of the organization.

The following provisions ("Terms"), which should be read alongside our Privacy Policy and Cookie Policy, set forth the terms and conditions that apply to your use of this Website. Please read these Terms carefully. By using the Website, you agree that you have read, understood, and agree to these Terms, the Privacy Policy, and the Cookie Policy (each as amended from time to time). If you do not agree to any of these Terms, you must stop using the Website immediately.

By using the Website, you confirm that you are aged 16 or over and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, which forms a binding agreement between you and IDeA. If you are under 16 or are acting without either the emancipation or legal consent referred to above, you must not use the Website.

General

These Terms define the general rules for the use of the Website. At the same time, additional terms which vary or supplement these Terms may apply to your access of some sections of the Website. If there is any inconsistency between these Terms and any additional terms related to specific sections of the Website, the additional terms shall prevail.

The content of the Website is selected, edited, updated, and made available to you by IDeA at its sole discretion. You agree to use the Website and access, download, view, and/or listen to its content as supplied to you by IDeA, and you may not reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, make available to the public, create derivative works from, broadcast, distribute, commercially exploit, transmit, or otherwise use in any way content of the Website in whole or in part except to the extent expressly allowed by IDeA in writing, permitted in these Terms, or provided by applicable law.

You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the Website. In particular, you may not use any content posted on the Website for the purposes that contravene the objectives and spirit of the project (e.g., by using materials available on the Website for ridiculing their authors or persons referred to in such materials). You may not infringe or try to infringe on the privacy or other rights of other Website users.

Intellectual property rights

All present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights, and all other present and future intellectual property rights and rights of the nature of intellectual property rights existing in or in relation to the Website and materials it is comprised of ("IPR") are owned by IDeA and/or other copyright owners whose materials are used by IDeA on a legitimate basis (contract, agreement or any other legal basis provided by the Armenian legislation). In particular, the Website may include materials submitted by users of the Website or provided by other authors and/or IPR holders, including custom made videos, photos and selected articles. In addition, the Website may include some copyrighted works reproduced and posted on a fair use basis as permitted by the law (for example, news and analyses properly cited from other media).

 

You are permitted to download and print content from the Website solely for your own personal use and to the extent necessary for personal use. However, except as otherwise expressly permitted under applicable copyright law, the content of the Website must not be copied or reproduced, disseminated, or otherwise used for any other reason or purpose. You are not entitled to modify or redistribute the content of this Website or link, frame, or deep-link it on any other website without the express written permission of IDeA. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice can be made. You are not entitled to use the content of the Website for commercial exploitation or any commercial use under any circumstances.

IDeA respects intellectual property rights of others, and asks users of the Website to do the same. If you believe your work has been copied and is accessible on the Website, or that it contains links or references to another online location that contains any materials that infringe your copyright, please contact IDeA at a.apikyan@idea.am.

Submission Terms

Please read these Submission Terms carefully before submitting any materials to the Website. Submitting or attempting to submit any materials, including but not limited to any artistic, literary, or audio-visual works (“Content”), to this Website indicates that you unconditionally accept these Submission Terms. Otherwise, you cannot submit any materials to the Website.

By submitting Content to the Website, you confirm that you are aged 18 or over. If you are not, you must not submit any materials to the Website.

By submitting Content to the Website, you grant IDeA a non-exclusive, worldwide, irrevocable, sub-licensable, transferable license to use, reproduce, host, copy, cache, publish, display, stream, distribute, perform, translate, make available over the Internet, including this Website, social media and platforms of IDeA’s licensees, transmit, adapt (including, without limitation, in order to comply with the requirements of any networks, devices, or media), modify, and create derivative works from the Content, in whole or in part  (the “License”). Having the right to adapt, rearrange, and make changes to the Content, IDeA is also entitled to use all or any part thereof in new versions, adaptations, or derivative works without having to obtain any additional permissions or licenses from you or any third party.

The rights you grant to IDeA under the License shall be effective from the moment you submit the Content and during the entire period of protection of the copyrights in the Content. You agree that all rights provided under the License shall be treated as granted gratuitously (for-free).

While you retain all moral rights (droit moral) to the Content, you hereby declare that you have no objection to publication of the Content by IDeA or its authorized partners to whom the Content is properly sublicensed. IDeA is also entitled, at its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Content for any purpose which it deems necessary or desirable without providing any additional notice to you or to any third party, and you provide IDeA with your explicit permission to do so. In addition, you permit IDeA to publish, perform, make available in any country of the world through the Internet, or otherwise use the Content with or without providing your full name or country of residence.

You acknowledge and agree that IDeA shall have no obligation to post, display, or otherwise make publicly available any Content submitted by you. Posting, displaying, or otherwise publicizing the submitted Content shall be within the discretion of IDeA.  Any submissions you make may be moderated by IDeA or its service providers, which means they may be reviewed, edited, and/or removed at any moment at their sole discretion, with or without notifying you.

Before submitting Content to the Website, you must ensure that it does not contain any personal data of any third party or parties, except in cases where you have properly obtained explicit consent from the respective third party or parties to the transfer of their personal data to IDeA and to subsequent use of their personal data in any ways described herein (e.g., by publishing personal data as part of the Content). You also confirm that the Content does not contain commercial, state or other state secret.

By submitting the Content to the Website, you represent and warrant that

(a)      the granting of the License does not conflict with any contractual arrangements to which you are a party at the time of the submission of the Content;

(b)      the use of the Content in accordance with terms of the License does not infringe copyright, copyright-related, patent, other intellectual property rights, or other rights or lawful interests of third parties;

(c)      the Content has been created in your personal (rather than business) capacity and does not unfairly promote or further any business activities and has not been contributed for commercial gain;

(d)      you have obtained all permissions, licenses, and authorizations required for granting the License to IDeA (in particular, to the extent that the Content includes information identifying any individuals, you have obtained all consents and permission from those individuals required in order for the IDeA to use the Content as contemplated by the License);

(e)      your rights to the Content have not been disputed and are not the subject of judicial or administrative proceedings in any country of the world;

(f)      you have no reasonable grounds to believe or suggest that any of the Content being submitted by you contains information which is false, misleading, or inaccurate;

(g)      the Content does not not include any material that may be illegal, defamatory, obscene, offensive, harmful to the safety of any person, aimed at harassing any person, or otherwise inappropriate for display on the Website.

You shall promptly notify IDeA of any circumstances of which you are aware or may become aware that make any of the warranties and(or) representations stated above invalid, inaccurate or misleading. If any claim or demand is made by any third party due to violation of the representations and warranties above or otherwise challenging the License granted by you with respect to the Content, you will, at your own expense:

(a)      provide IDeA with all reasonable assistance in settling such claims (including by participating on IDeA’s side in legal proceedings and out-of-court negotiations with interested third parties), and

(b)      compensate IDeA for actual damage incurred in connection with such claims by reimbursing IDeA in full the amounts of financial penalties applied to it under claims of third parties, and also court costs incurred by IDeA, including expenses for legal services.

 

You may submit your Content to the Website only if you expressly acknowledge acceptance of these Submission Terms and provide some informational identifying you (full name, date of birth, country of residence, and e-mail address). You shall provide authentic and up-to-date contact details. Optionally, you may also indicate your nationality. The information that you provide about yourself will only be used by IDeA in accordance with its Privacy Policy.

 

Limitations of liability

IDeA excludes and disclaims all representations, warranties, conditions, and terms, express or implied by statute, custom, or otherwise to the fullest extent permitted by law. In addition, IDeA accepts no liability for any special, indirect, incidental, consequential, or economic loss howsoever caused arising out of or in connection with these Terms.

The content on the Website is provided on an "as is" basis without warranty of any kind, and, though acting in good faith, neither IDeA nor its partners, agents, affiliates, or service provides gives any warranty or representation that the content is accurate, complete, or up-to-date, or that the Website does not infringe the rights of any third party. No responsibility or liability is accepted by IDeA or its partners for your use of content from the Website, and such use is entirely at your own risk. While IDeA takes reasonable precautions to prevent computer viruses and/or other malicious programs on the Website, it accepts no liability for them.

Under no circumstances will IDeA be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Website. IDeA is not responsible for any actions or inaction on your part based on the information that is presented on the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website.

This Website may contain links to other websites. Neither IDeA nor its partners, agents, affiliates, or service provides accept any responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.

Amendments to these Terms

These Terms may be updated or amended from time to time to comply with law or to meet changing internal policies of IDeA without giving notice to you. Any updates or amendments will be posted on the Website, becoming effective immediately upon posting. By continuing to use the Website after such posting, you agree to be bound by the terms of the respective updates and amendments.

Other important terms

If any of these Terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

These Terms set out the entire agreement between you and IDeA and supersede any and all prior terms, conditions, warranties, and/or representations to the fullest extent permitted by law. Any delay or failure by IDeA to exercise any right it may have under these Terms shall not constitute a waiver of that right.

Governing law

These Terms and the relationship established hereunder shall be interpreted and construed in accordance with the internal laws of the Republic of Armenia without regard to its conflicts of law principles. In the event of any dispute arising out of or in connection with these Terms, such dispute shall be brought to the exclusive jurisdiction of the courts established under the laws of the Republic of Armenia.

Contacts

Should you have any questions about these Terms or wish to contact IDeA for any reason whatsoever, please use the contact details set out below:

Post:                Chief Legal Counsel

Telephone:        +374 60 700 800

E-mail:              y.kirakosyan@idea.am

Registered address: Marshall Baghramyan Ave. 6, 0019, Yerevan, Republic of Armenia.

When contacting IDeA please specify your full name and contact details so that your request could be answered. Anonymous requests will not be considered. 

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