Terms of Use

Terms of Use

The “Terms of Use” section describes a general agreement between 1) Identifying the Displaced (“us”, “we”, or “our”) operating the website http://wp-template.mtcserver.com (the “Site”) and, 2) the users of the website.

 

1. Accepting These Terms

This section and the references below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and us (the “Site”).

This agreement sets out your rights and responsibilities when you use the “Site”, so please read it carefully. By using our “Site” (even just browsing the public section), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our “Site”. Agree with us? Great, read on!

 

2. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our “Site”. By using our “Site”, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

 

3. Your User Account with the “Site”.

You’ll need to create an account with the Site to use the database. Here are a few rules:

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use the “Site” through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use the “Site”. You are responsible for any and all account activity conducted by a minor on your account, and there may be graphic content that you may want to consider to limit a minor’s access to material online.

B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and the “Site”.

Keep in mind that the content of the website may be difficult to scroll through, especially when you have personally lost someone or looking for a missing relative. Please ensure that you are supported by someone when you feel the content may be distressing to you when viewing the “Site”. It remains your personal responsibility to decide if you wish to view the content and we cannot be held liable for your decision.

 

4. Your Content

Content that you post using our “Site” is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our “Site” (e.g. profile pictures, photos, descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our website, you grant the “Site” a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help the “Site” function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it.

C. Rights You Grant to Us. By posting Your Content, you grant the “Site” the rights to use Your Content. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

D. Reporting Unauthorised Content. We have great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the “Site”. If content that you own or have rights to has been posted to the “Site” without your permission and you want it removed, please contact us.  If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on the “Site” (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the “Site” in a manner that is fraudulent or deceptive.

 

5. Our Content

We have taken great care in creating the content of the website. The content published on the website is created using a variety of sources made available to use for each case study. This includes autopsy reports, photos of the recovery of the deceased or autopsy, physical personal items and access to hospital archival material. We have used publicly available material to complement the case histories including press releases,  databases of migrant deaths, anecdotal information and archival research. Personal items have been carefully documented, analysed and researched by the project team.

We have refrained from using graphic material for the case studies to preserve the dignity and integrity of the deceased. We have taken utmost care to use appropriate language for the case study histories.

We have implemented an extensive quality control process and individual case review protocol. Even though we have done our utmost best to avoid any errors during the creation of the narratives, it is not inconceivable that a mistake may have been published. If you notice a mistake on the site, please contact the project team and we will rectify the information as soon as possible.

We reiterate that we cannot take responsibility or liability with regard to the material on this site. This material is:

  • not intended to address the specific circumstances of any particular individual or entity.
  • not necessarily comprehensive, complete, accurate or up-to-date.
  • sometimes linked to external sites over which we have no control and for which we do not assume responsibility.
  • Please note that it cannot be guaranteed that the text available online exactly reproduces an officially adopted text given the different languages used in the documents accessed to reproduce the case study narratives.

Our “Site” is created for humanitarian purposes only to assist the forensic identification of deceased migrants who so far have remained nameless. The content of the “Site” may not be used for political purposes. Narratives are written in a neutral format and have been reproduced using public and archival material provided to us (hospital records, archival material, extract of police reports etc).

The “Site” consists of two sections:

  • A public section, accessible to everyone (without registration)
  • A private section (the ‘database’), accessible only to registered users

The “Terms” specified on this page apply to both sections.

 

6. Acceptable Use Policy

License to Use Our “Site”. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our “Site” – subject to the Terms and the following restrictions in particular:

A. Don’t Use Our “Site” to Break the Law. You agree that you will not violate any laws in connection with your use of the “Site”. This includes any local, state, federal, and international laws that may apply to you. This includes the misuse of information posted on the website for financial or political gain. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against the “Site”, another user of the “Site”, or a third party. Our Content cannot be used in a misleading context.

B. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the “Site” (including narratives, photos or other content published by us) or to reverse engineer or attempt to obtain the source code of the “Site” without our express permission.

C. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our “Site”, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

D. Don’t misuse the project’s titles or branding. The name “Identifying the Displaced” and the other phrases, logos, and designs that we use in connection with our “Site”, are may not be misused.

E. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our “Site”. Any ideas or other materials you submit to us (not including Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Please note that “our Content” is subject to copyright protection unless otherwise indicated.  Where any of the copyright items on this “Site” are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged.  In respect of images of individuals and to ensure appropriate regulation of the use of such images, specific written permission must be sought from us before reproduction elsewhere. You can contact us for a request. The permission to reproduce does not extend to any material on this site which is identified as being the copyright of a third party.  Authorisation to reproduce such material must be obtained from the copyright holders concerned.

We are happy to encourage hypertext links to our “Site”, provided they are not intended to be used in a misleading context or could suggest an affiliation with us which will mislead the public.  We reserve the absolute right to require that links be removed where it judges that this could be the case.

 

7. Termination

Termination By You. We’d hate to see you go, but you may terminate your account with us at any time from your account settings.  Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.

Termination By Us. We may terminate or suspend your account (and any accounts we determine are related to your account) and your access to the “Site” should we have reason to believe you, your Content, or your use of the “Site” violates our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our “Site”. Generally, we will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or us terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue your Registration with us . We reserve the right to change, suspend, or discontinue any of the “Site” for you, any or all users, at any time, for any reason, including those laid out in our policies under these Terms of Use. We will not be liable to you for the effect that any changes to the “Site”may have on you, including your income or your ability to generate revenue through the “Site”.

Survival. The Terms will remain in effect even after your access to the “Site” is terminated, or your use of the “Site” ends.

 

8. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if we get sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend us (“the Site”) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our “Site”, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

9. Disputes with us

If you’re upset with us, let us know, and hopefully we can resolve your issue.

 

10. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the “Site”. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the “Site” following the changes constitutes your acceptance of the updated Terms.

 

11. Contact Us

If you have any suggestions, concerns or other queries related to the website, please contact us by email or through the contact form.

 

© Identifying the Displaced 2024