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The following Terms & Conditions govern the use of this Open Society Institute Justice Initiative (“JI”) and all affiliated Soros foundations network websites (“JI’s website” or “this site”). By visiting this site, you specifically and automatically agree to abide by these Terms & Conditions. JI reserves the right to modify these Terms & Conditions at any time. Your continued use of this site following the posting of any changes to these Terms & Conditions shall mean that you have accepted the changes in their entirety.

You agree that neither OSI, JI nor any Soros Foundations Network Entity (the “Affiliated Entities”) nor any of our affiliates will be liable to you or to any third party for any modification, suspension or discontinuance of the site, in whole or in part, or of any service, content, feature or product offered through this site. Your continued use of this site after such changes will indicate your acceptance of such changes.

Use of Materials on this Site. In keeping with OSI’s goals and mission, many of the materials posted on our website, except for those that contain a copyright notice for a third party other than OSI, JI or THE STICHTING INSTITUTE FOR WAR AND PEACE REPORTING NETHERLANDS (“IWPR”) are licensed to the public through the Creative Commons Attribution-Non-commercial-No Derivatives license. This license allows users to download the materials from this site (that are not specifically restricted) and to share them as long as: 1.the particular article, section or video is reproduced in its entirety in its original form and is not edited or modified in any way; 2. all copies include attribution to the original author (if noted) and the Open Society Institute Justice Initiative and contain a link back to www.lubangatrial.org as the original source of the work; and 3. the copies are distributed only for noncommercial educational or public policy purposes and are distributed at no charge.

Other than as specifically described in the preceding paragraph, you may not copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use the content on our website without prior written permission from the Justice Initiative of the Open Society Institute. To request such permission, please contact us. The names “Open Society Institute,” “Justice Initiative” the swirl logo, and all related indicia are the trademarked properties of the Open Society Institute, and in no event may they be reproduced separately from the textual content associated with them on this website.

Registration; User Names and Passwords. You may be required to register in order to access certain areas of the site or to post content to Forums. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Security. JI works to maintain the privacy of any personally identifiable information (name, mailing address, email address, etc.) that may be collected though our websites. Please note, however, that, though the JI website has security measures in place, JI and OSI do not represent, warrant, or guarantee that personal information will be protected against unauthorized access, loss, misuse, or alterations. Similarly, JI and OSI disclaim liability for personal information submitted through this website. Users are hereby advised that they submit such personal information at their own risk.

Blogs, Discussion Boards, and Online Forums. Site visitors may post messages or make statements in connection with Blogs, Discussion Boards and Online Forums (collectively, “Forums”) that are inaccurate, misleading or deceptive. OSI and JI neither endorse nor are responsible for any opinion, advice, information or statements made in Forums by third parties. Without limitation, OSI and JI are not responsible for any information or materials made available through Forums (including without limitation errors or omissions in postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will OSI, JI or their respective sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of OSI or JI. In addition, OSI and JI have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

Rules of Conduct. By participating in or posting to any Forum, you represent and warrant to JI and OSI that you will comply with the following rules of conduct:

You will not post, transmit, or otherwise make available, through or in connection with the Site:

  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.

You will not:

  • Use the site for any fraudulent or unlawful purpose.
  • Use the site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity.
  • Use the Site to harvest or collect personally identifiable information about other users of the Site.
  • Impersonate any person or entity, including without limitation any representative of OSI or JI; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the site; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the site or the servers or networks used to make the site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the site (including without limitation by hacking or defacing any portion of the site).
  • Use the Site to advertise or offer to sell or buy any goods or services.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site without OSI’s express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather site content or reproduce or circumvent the navigational structure or presentation of the site without JI’s express prior written consent.
  • Post, email or otherwise make available via the site any of the following: “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.

By posting any content on our Forums, you agree to indemnify and hold harmless the Open Society Institute, the Justice Institute, and its current and former trustees, officers, staff, consultants, and agents, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses, or amounts, of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your breach of the foregoing rules of conduct.

License. You will retain ownership of any materials that you submit to this site. By submitting any content to this site, you hereby grant to OSI, JI and their designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such content, in any media now known or hereafter developed, for OSI’s and JI’s purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each posting you make, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such posting complies with all applicable laws, rules and regulations.
We reserve the right (but have no obligation) to evaluate each posting before allowing it to be posted on the site; and (b) we may do one or all of the following, at our discretion: (i) monitor postings; (ii) alter, remove, or refuse to post or allow to be posted any posting; and/or (iii) disclose any postings, and the circumstances surrounding their transmission, to any third party in order to operate the site; to protect OSI, JI, and their respective sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, and the site’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

OSI shall have the right, at any time and in its sole discretion, to block links to the site through technological or other means without prior notice.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send OSI a notice requesting that OSI remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send OSI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: K. Murray, Open Society Institute, 400 West 59th Street, New York, NY 10019, +1-212-548-0600. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Limitations of Liability and Disclaimer of Warranties. For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this website or participation in or posting to the site, you hereby agree to release and waive any and all claims and/or liability against the Open Society Institute, the Justice Institute, and their current and former trustees, officers, staff, consultants, and agents, if any, arising from or in connection with your use of this site. You also agree to indemnify and hold harmless OSI, JI, and their current and former trustees, officers, staff, consultants, and agents, if any, from and against any and all actual or potential costs, fees, damages, assessments, penalties, sums, or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising from or in connection with your use of this website or failure to abide by applicable law.

THIS SITE AND ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. OSI, JI AND THEIR AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT, SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OR MATERIALS OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

NEITHER OSI, JI NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER OSI NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY MATERIALS POSTED ON THE SITE BY OSI OR ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY LICENSED-BACK CONTENT LICENSED TO YOU UNDER SECTION 9 HEREUNDER). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF OSI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO OSI TO ACCESS AND USE THE SITE.

Governing Law. The Site is controlled and operated by OSI from the United States, and is not intended to subject OSI, JI or any Affiliated Entities to the laws or jurisdiction of any state, country or territory other than that of the United States. OSI does not represent or warrant that the site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts to be fully performed within that State. Any dispute arising from these Terms and Conditions shall be finally resolved by the courts of the State of New York, United States of America. Venue of any court proceeding related thereto shall lie exclusively within the Borough of Manhattan, City of New York.

Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and OSI. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.