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Privacy Policy

TRANSFERRING POLICY OF EXCLUSIVE INTELLECTUAL PROPERTY RIGHTS TO MATERIALS POSTED ON THE WEBSITE OF THE RINAT AKHMETOV FOUNDATION CHARITABLE ORGANIZATION "VOICES OF CIVILIANS — THE RINAT AKHMETOV FOUNDATION'S MUSEUM"

Revised on 17 September 2020 (commencement date).

We deeply appreciate your interest in the website "VOICES OF CIVILIANS, THE RINAT AKHMETOV FOUNDATION'S MUSEUM" (the "Website"). Using the word "Web-site", we shall imply hereinafter under the word we will mean an Internet resource owned by the Rinat Akhmetov Foundation Charitable Organization and posted on the Internet at: https://civilvoicesmuseum.org , https://museum.twid.com.ua/, including all levels of the specified domain, both functioning on the date of user acceptance of the rules, and launched and put into operation during the entire period of its validity.

The Rinat Akhmetov Foundation Charitable Organization, EDRPOU code 33703116 (hereinafter referred to as the "Website Administration" or "Foundation") is the owner of the Website "VOICES OF CIVILIANS, THE RINAT AKHMETOV FOUNDATION'S MUSEUM".

1.
GENERAL REGULATIONS
1.1.
This Exclusive Property Intellectual Property Rights Transfer Policy of the Rinat Akhmetov Foundation to the materials published on the website "VOICES OF CIVILIANS, THE RINAT AKHMETOV FOUNDATION'S MUSEUM" (hereinafter refered to as the "Policy") defines the terms and conditions to transfer the Foundation's exclusive intellectual property rights of the Website users and/or other authors to all materials (text, graphic, visual, animation, photo, video, audio materials) published on the Website , requirements for materials published on the Website, as well as the rights and obligations of Website users and authors materials posted on the Website.
1.2.
This policy is a legally binding agreement between a user (or other author of materials posted on the Website) and the Site Administration, the scope matter of which is to transfer to the Foundation all exclusive intellectual property rights to the materials posted or published (provided to the Foundation for posting, publication) by a Website user and/or other author on the Website. The relations arising between the Foundation and the person giving interviews and/or posting materials on the Website shall be deemed as binding relations, and unilateral refusal to fulfill obligations under the agreement, the main provisions of which are set out in this Policy, is prohibited.
1.3.
The user of the Website is an adult individual and/or a minor, subject to the permission of the legal representative of such minor to use the Website, who uses the functionality and content of the Website or publishes any materials on the Website.
1.4.
Please read the following terms of the Policy. By accessing and using the Website, you agree that you have read and agree to the Website's subsequent Policy to transfer exclusive intellectual property rights to the materials posted on the Foundation's Website. If you do not agree with this Policy, you may not post any content on the Website.
1.5.
The Policy applies to users, Website visitors, site administration, authors of materials posted on the Website, as well as to relations related to the rights and interests of third parties who are not users of the Website, but whose rights and interests may be violated as a result of actions of Website users. This Policy applies to both individuals and legal entities.
1.6.
The Website Administration reserves the right to change the terms and conditions set out in this Policy at any time, while ensuring that they do not contradict the purpose of the Website. These changes will take effect immediately upon their publication on the Website. When any alteration are made by us, we publish the "last updated" date at the beginning of this Confidentiality Policy so as to inform you when these changes were made. We highly recommend that you read this policy before using the Website. If you continue to use the Website after the publication of the amended Policy, this means that you agree to comply with the Policy with all its changes. Changes made to this Policy in accordance with the procedure provided for in this paragraph apply only to materials provided by the user (author) for posting on the Website after the specified changes become effective. We recommend that you periodically review this Policy to keep up to date with the transfer of exclusive intellectual property rights to the materials posted on the Website.
1.7.
If you find any of the terms of this Policy or changes thereto unacceptable, you may not start using the Website or post (or provide the Foundation's representatives for posting) any materials on the Website.
1.8.
You must agree to the Website's Terms of Use and Privacy Policy, which are available at Rules of Site Materials Using Privacy Policy, this Policy and any other policies or guidelines posted on the Website for viewing and using the Website.
1.9.
By using or accessing the Site, registering to create an online account on the Website, posting any (text, image, image, animation, video, audio, photo) materials on the Website, or clicking that you accept or agree to this Policy, you confirm that you have read, understood and agree to this Policy, the Website's Privacy Policy, the Website's Terms of Use and Privacy Policy and any other policies or recommendations posted on the Website
1.10.
This Policy has no expiration date.
2.
INTELLECTUAL PROPERTY RIGHTS TO THE MATERIALS POSTED ON THE WEBSITE
2.1.
The Website contains interviews, survey results and questionnaires, stories of civilians who suffered from the conflict in Donbass, photos, audio, video, audio materials with their participation, as well as photos, audio, video materials, diaries, letters, manuscripts, products, toys, household items, paintings and drawings about the events in Donbass provided by these individuals from their personal archive.
2.2.
The Foundation undertakes to respect copyrights and other intellectual property rights. We work hard to protect copyright and other intellectual property rights of the Foundation, and also pay attention to copyright in any third party materials, for the use and promotion of materials of the Website fully and protect our collections, to tell the world stories of civilians affected by the War in Donbass.
2.3.
Personal non-proprietary intellectual property rights to all materials posted on the Website are not subject to alienation and remain with the author (co-authors) of such materials.
2.4.
Agreeing to this Policy, you transfer (alienate) the Foundation all (in full) exclusive intellectual property rights to all materials posted (published) you on the Website and/or provided by you to the Foundation's representatives for posting (publishing) on the Website, including text, graphics, visual, animation materials, photo, video, audio materials, etc. (hereinafter referred to as" materials "or" content"), and you grant the Foundation a permission to use personal non-property rights to these materials without limiting the methods of use. TO be more precise, you transfer (alienate) the following exclusive intellectual property rights to all materials to the Foundation:
2.4.1
Exclusive right to use the specified materials, including, but not limited to, such methods:
2.4.1.1.
public demonstration and presentation of materials;
2.4.1.2.
distribution of materials, alienation by other means;
2.4.1.3.
making materials publicly available to the public in such a way that its representatives can access the materials from any place and at any time of their own choice;
2.4.1.4.
any re-publication if it is carried out by an organization other than the one that made the first publication;
2.4.1.5.
the right to exercise and/or permit notice of materials (including showing, performance or broadcasting) to the public by broadcasting and/or subsequent broadcast via terrestrial or satellite TV (paid and free), as well as by cable, wire, optic fiber or other similar means, including the right to demonstrate or to share any bits and pieces of materials to their advertising and advertise
2.4.1.6.
public performance and public notification on the Internet, on television, in the mass media, on the Foundation's websites and on the Foundation's pages in social networks, on the pages of third parties in social networks
2.4.1.7.
use of fragments (parts) of materials, including but not limited to, for the purpose of advertising or announcement;
2.4.1.8.
inclusion of materials (parts and fragments thereof) as part of collections, anthologies, encyclopedias, and other intellectual property items (including, but not limited to, literary and audiovisual works);
2.4.1.9.
translation of materials;
2.4.1.10.
other ways of using materials defined by the legislation of Ukraine, since this list is not exhaustive.
2.4.2.
The exclusive right to allow the use of the specified materials to other persons (transfer/alienate property rights to the specified materials to other persons).
2.4.3.
The exclusive right to prevent the misuse of these materials by others, including prohibiting such use.
2.4.4.
All other proprietary copyrights to the work established by the Copyright and Related Rights Law of Ukraine, the Civil Code of Ukraine and international treaties, effective on the territory of Ukraine.
2.4.5.
That You transmit to the Foundation all rights to edit (including literary in any amount) and another shift you have posted on the Website or materials provided by you to the Foundation's representatives for posting on the Website, as well as the right to a modified version of such materials if such changes occurred as a result of developments of the Foundation independently and/or with the participation of other individuals in the implementation of the charitable activity performed by the Foundation. Inter alia, the Foundation has the following rights: the right to use the modified version of materials, the exclusive right to allow other persons to use the modified version of such materials, and the exclusive right to prevent the misuse of the modified version of materials. The Foundation guarantees therewith that the content of a particular statement of the participant and interviewer will not be distorted.
2.5.
You hereby guarantee that you are the sole owner of all exclusive proprietary intellectual property rights of such materials when you post materials on the Website (sending materials for their moderation to the Website Administration, providing materials to the Foundation's representatives for their placement on the Website).
2.6.
The proprietary copyrights to the materials that are transferred to the Foundation for this Policy are exclusive and cannot be transferred by you to other persons and cannot be used by you independently.
2.7.
All exclusive intellectual property rights to materials posted by you on the Website or provided to representatives of the Foundation (sent to the Website Administration) for their placement on the Website, as well as permission to use personal non-property rights to these materials, are considered transferred to the Foundation from the moment you sign the corresponding Intellectual Property Rights Transfer Consent (the Consent form is posted on the Website and is defined in Appendix 1 (for adults) and Appendix 2 (for legal representatives of minors) thereto). The specified exclusive intellectual property rights to the materials, as well as permission to use personal non-property rights, are transferred by you to the Foundation for the entire period of providing legal protection established by the current legislation of Ukraine on copyright and related rights, and do not have restrictions on the territory.
2.8.
Placing your story on the Website or providing it to the Foundation's representatives, you and every person that shared his story and provided relevant materials for posting on the Website, carry out charitable activity by transferring free of charge (as a donation) exclusive intellectual property rights for the materials and permission to use moral rights under this Policy. The exclusive intellectual property rights under this Policy and authorization to use personal non-property rights shall be transferred by you to the Foundation without the purpose of profit but to enrich people's understanding of the causes, course and consequences of the military situation in Donbass, and to implement the Foundation's charitable activities.You shall represent and warrant that if further use of your posted materials by the Foundation (provided to the representatives of the Foundation) for posting on the Website does not require any payments in your favour and/or in favour of any third parties. Nevertheless, the Foundation will ensure that the materials posted on the site are used in various ways, but only for the purpose of implementing the goals of the Foundation's charitable activities.
2.9.
By registering on the Website, providing interviews, posting materials on the Website in any way, or providing materials to representatives of the Foundation (Site Administration) for their placement on the Website, you provide the Foundation, including its employees, authorized representatives, and third parties involved under contracts (including civil law), your consent to the use of your name, image, voice, and performance. The Foundation will not hide or change your name and image, taking into account the accuracy of the information received from you.
2.10.
By transferring your exclusive intellectual property rights to the materials, you transfer the rights exclusively to the specific material (article, interview, video, photos, etc.), and not to your life story. The Foundation understands that it does not receive exclusive property rights to your life story. Therefore, by agreeing to this Policy, you do not waive the right to write books or articles, producing films, documentaries, make television programs or appearing in television shows or other interviews for other organizations, give lectures about your life, experiences of the military situation in Donbass, and enter into appropriate agreements with third parties to exercise your rights.
2.11.
If you send additional materials, video or audio to the address indicated on the Website, the Foundation may use them in the manner and to the extent specified in this Policy.
3.
INTELLECTUAL PROPERTY RIGHTS VIOLATION REPORT
3.1.

Please contact us if you are a copyright holder or have other intellectual property rights to any material published on the Website, or the materials were published or broadcasted by the Foundation, and:

  • - You believe that the material may be an item of property of a third party or the subject of another legal claim,
  • - You believe that the use of this material violates your intellectual property rights or any other rights.
3.2.

Please provide the following information in the message provided for in clause 3.1 thereof:

  • - description of the materials posted on the Website, intellectual property rights that were violated;
  • - distinct specification on the Website of the material which violates intellectual property rights;
  • - Your address, telephone number, and email address;
  • - Your statement that the above information in your communication is accurate and that you are the owner of the intellectual property rights in the relevant material or are authorized to act on behalf of the owner of the intellectual property rights.

To review your message, the Website Administration may request additional information from a user.

3.3.
Please send the messages provided for in this section and all necessary information about the violation of intellectual property rights to the following email address: stories@fdu.org.ua.
3.4.
Your request will be reviewed by the site administration within 10 (ten) business days and you will be notified of the results of the review of the request by sending a response to the email address you specified. In case the issue raised in your request became ravelled, the term of its consideration may be extended, but not for more than 15 (fifteen) business days.
3.5.
If a violation of intellectual property rights or other rights of your or another person is revealed when reviewing your claim, the materials that violate these rights will be removed from the Website.
3.6.
The information you provide in the request will only be used in connection with that request
3.7.

If You have any complaints about the Website or content, questions or comments regarding the Site or the intellectual property rights to the materials, or you want to request additional information regarding the use of the Website or content publication, please contact the Website Administration:

4.
MATERIAL LAYOUT ON THE WEBSITE
4.1.
Both registered and unregistered users can create and post content on the Website. The registration procedure on the Website "VOICES OF CIVILIANS, THE RINAT AKHMETOV FOUNDATION'S MUSEUM" is specified in the Terms of Use and Privacy Policy. If a user does not prove otherwise, any actions performed using their username and password shall be considered to be performed by a corresponding user.
4.2.
Placement of materials on the Website is voluntary and free of charge. To place materials on the Site, you need to go to the main page of the Site https://civilvoicesmuseum.org click "Share a story" button and choose one of three ways to post content on the Website:
4.2.1.

"Share your story on the Website now." When choosing this method of posting materials, you need to fill out the appropriate form and provide the Website Administration with the necessary reliable and up-to-date information about you, including your first and last name, as well as tell your story on the Website. You can also add (upload) text, image, photo, audio, and video files to your story.

The user is responsible for the accuracy, relevance, completeness and compliance with the legislation of Ukraine of the information provided when posting the story and freedom from third-party claims.

If necessary, the Website Administration can contact you by phone or email for more information.

After providing all the information about the author of the history and placement history itself you must complete the Consent to Foundation transfer exclusive intellectual property rights to all the materials posted by you (a Consent form is automatically provided to the user on the Website after filling in all required information and are reflected in Appendix 1 (for adults) and Appendix 2 (legal representatives of minors) to this Policy), as well as photos, audio, videos with your participation (including freeze-frame), to sign this Agreement and send it to the mailing address of the Foundation: 01032, Ukraine, Kyiv, 39 Tolstoho Lva st.

4.2.2.

"Leave your telephone number and share it personally." When choosing this method of posting materials, you need to fill out the appropriate form, specify Your name and phone number, where a representative of the Foundation will contact You to get an interview by phone or to arrange a time and place for a meeting so that you can tell your story personally.

By choosing this method, you sign and send exclusive intellectual property rights on all information provided by you of the Foundation Consent to the Foundation's to the representative to post it on the Website, as well as photos, audio, videos with your participation (including a freeze frame shot), in the form which will be provided to you by the representative of the Foundation (the Administration Website).

4.2.3.
"Send by mail" When choosing this method of posting materials, you need to fill out a history Form and Intellectual Property Rights Transfer Consent in the form indicated on the Website at the link https://civilvoicesmuseum.org/my-story, sign these documents and send them to the Foundation's address: 01032, Ukraine, Kyiv, 39 Tolstoho Lva st.
4.3.
The created materials prior to their posting on the Website subject to review and moderation by the Website Administration, which is to ensure compliance with the requirements of the legislation of Ukraine and the rules of the Website and does not limit human rights to publicly express positions that do not contradict the legislation. In particular, the Website Administration may not allow the placement on the Website of materials containing information that incites or promotes hatred and hostility, calls for propaganda of war or violence, is discriminatory and/or contains information and/or images that violate human rights, ethical, humanistic, moral norms, disregard the rules of decency, contain products, trademarks, names of third parties, as well as violate other requirements of the legislation of Ukraine. The Website Administration may refuse to post the created materials on the Site if the specified materials do not correspond to the subject and purpose of the Website, the principles and objectives of the Foundation's activities, or the policies and rules established by the Website Administration and posted on the Website.
4.4.
If you sent us materials and did not find them on the Website, this may mean the following: or the number of materials does not allow for quick moderation and you need to wait, or your materials contain signs of violation of the legislation of Ukraine or this Policy.
4.5.
Given that the user answers questions on their own, chooses the place, clothing and image, etc., in which they record the interview, we ask you to treat this process responsibly. Please do not invite minors, other members of your family, or third parties to participate in the video during the interview, and please do not use audio or video materials that do not belong to you.
4.6.
The Foundation gets the right to change the integrity of the materials provided by you, including interviews, by processing, including changing the form, creating derivative works using the content, translating, while ensuring that the content of a particular statement of the participant and the interviewer will not be distorted.
4.7.
The content of the materials, including interviews, will be analysed to determine its main topics, which will be marked with tags (semantic categories). They allow you to select materials on the Website based on the main meanings, characteristics, and words.
5.
REQUIREMENTS IMPOSED ON THE MATERIALS POSTED BY USERS OF THE WEBSITE. USERS' GUARANTEES
5.1.
The Foundation strives to interact with people from all over the world. Our online activities are aimed at helping people learn more about our activities and our collections.
5.2.
By agreeing to this Policy, you guarantee that you will not post (provide for posting) any content that is illegal, offensive, discriminatory, defamatory, obscene, pornographic, threatening, contains hateful comments or content that violates the terms of confidentiality or infringes on the rights of third parties, in particular copyright, related, trademark rights for goods and services (trademark), invention rights, utility model rights, or other intellectual property rights. You guarantee that the materials developed (created) by you and all their components will not harm the honour, dignity, or business reputation of third parties.
5.3.
You hereby assert that you are a sole author of the material, and if the holder of the material or materials is any other person in collaboration with others, you have received all copyrights and/or consent (permission) in respect of the moral rights of such persons, related rights and/or other intellectual property rights in the materials (and their components) to ensure the transfer (alienation) of the Foundation, exclusive of intellectual property rights in the materials in full. You will only publish content that you own the exclusive intellectual property rights to.
5.4.
The Website Administration reserves the right to control the content or information provided by Website users at its sole discretion, as well as to edit or delete content that, in the opinion of the Website Administration, does not comply with this Policy, the Rules for using Website materials, the Website's theme, or is undesirable, inappropriate in any other way, or inaccurate.
5.5.
You will not publish content that belongs to you or third parties for advertising purposes.
5.6.
You understand and agree that the Foundation does not accept any responsibility or liability arising from the publication of your content or for any error, slander, omission, obscenity, danger or inaccuracy contained in any of the information published by you, or for the refusal or delay in deleting such information.
5.7.
You agree that you are solely responsible for any text, graphics, videos, images, music, sounds and any other content that you post, upload, reflect, transmit to or through the Website or provide to representatives of the Foundation (Website Administration) for posting on the Website, and guarantee that all information provided by you will be true and accurate to the best of your knowledge. You also agree to comply with all laws regarding your use of the Website. You also agree not to publish, upload, display on the Website or provide for posting on the Website content or information that is untrue or inaccurate, or such exclusive intellectual property rights that do not belong to you.
5.8.
You agree that you will not post, upload, display, transmit or otherwise publicly post on the Website any personal information of any third parties, including, but not limited to, addresses, phone numbers, email addresses, bank card numbers.
5.9.
You agree that you will not publish, upload, display, transmit, or otherwise provide access to any material containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
6.
RESPONSIBILITIES
6.1.
Although we make every effort to ensure the accuracy of the information and copyright in the Website materials, any and all liability that may arise as a result of your use of the information on the Website and its use is excluded.
6.2.
By doing so, you warrant that you will indemnify and protect the Foundation from any liability and expenses, including legal fees, that will be incurred in connection with any claim arising out of your violation of this Policy, warranties, and agreements, or by any user of your account. You must reasonably cooperate in the defense of any such claim.
6.3.
If, in connection with the lawful use of the Foundation (or third parties to whom the Foundation will grant the appropriate permission/transfer the rights to use the materials), the materials posted by you on the Website or provided for posting on the Website, third parties will make claims, demands, claims before the Foundation, you guarantee to consider them yourself without involving the Foundation, settle all such claims, demands, claims, and in the event of opening a claim, enter the process as a third party on the side of the Foundation or file a claim against the person who initiated such claim proceedings. If the Foundation is forced to perform certain actions in favour of such third parties or pay certain amounts of money, you guarantee to fully reimburse such expenses of the Foundation .
6.4.
The Foundation is not responsible for your obligations to third parties and for copyright agreements concluded by you with the authors of materials and third parties.
6.5.
We encourage you to take responsibility for the content of your statements. If they are unreliable or if they are offensive or deceptive in nature, which will lead to violation of the rights of third parties or the legislation of Ukraine, this will be your personal responsibility.
7.
MISCELLANEOUS
7.1.
This Policy will be interpreted and applied in accordance with the laws of Ukraine.
7.2.
Any disputes regarding the implementation of this policy will be resolved by the relevant court located on the territory of Ukraine, according to the rules of jurisdiction established by the legislation of Ukraine.
7.3.
You agree to immediately report any copyright violations in relation to the materials on the Website to the Website Administration. If you have any claims regarding copyright infringement in relation to the materials contained on the Website, please inform us in accordance with the procedure set out in section 3 of this Policy.
7.4.
Our failure to comply with any provision of this Policy or our failure to exercise any right granted by this Policy shall at any time not be deemed a waiver of such provision or right. All waivers are valid only in writing and signed by the party for whom they will be binding. Unless a written waiver expressly states otherwise, no waiver by the Foundation of any of Its rights to claim any violation of any provision of this Policy in respect of which this Policy provides any rights is a waiver of any continuing or subsequent violation of such provision, a waiver of such provision, or a waiver of any right under this Policy.
7.5.
If any provision of this Policy is found by a court of competent jurisdiction to be contrary to law, such provision shall be amended and interpreted to the maximum extent consistent with the purposes and objectives of the initial provision in all cases permitted by law, and the remaining provisions of this Policy shall remain in full force and effect.