Terms of Use
1. Scope
1.1. These Terms of Use will apply to the use of the website www.nohatespeechmovement.org (“the Website”). The use of this Website by anyone viewing, registering, uploading, commenting or sharing content or media of any kind implies acceptance of these Terms of Use. By accepting these Terms of Use the Users enter into a legally binding agreement with the Council of Europe.
1.2. The Council of Europe may amend these Terms of Use at any time without any notice. Any changes will be made visible in a footnote. If the Users continue to access and use the Website after these Terms of Use have been amended, the User is considered to have accepted the amended Terms of Use.
2. Use of the Website
2.1. The Council of Europe hereby grants Users a free non-exclusive, non-transferable, right to access and use of the Website solely for personal and non-commercial purposes and subject to the provisions of these Terms of Use.
2.2. The Users acknowledge and agree that the Council of Europe may screen User content posted or transmitted,
2.3. The Council of Europe shall have the right (but not the obligation), at its sole discretion, to review, edit, limit or refuse User content posted or transmitted and/or to limit and/or refuse a User access and/or use of the Website. The Council of Europe will furthermore have the right to remove any User content that violates these Terms of Use and/or that it deems to be otherwise objectionable.
2.4. The Council of Europe may, at its sole discretion, request a User to provide additional information to verify Personal Data and/or User Content that the User has posted on the Website. Based on this additional information, the Council of Europe may decide to edit or delete Personal Data and/or User Content and/or to suspend or delete the Account and the User's use of the Website.
2.5. The Council of Europe may suspend or close Users accounts in the event of violation of these Terms of Use, such as in the acts listed below in article 2.7.
2.6. The Council of Europe may disclose personal data and/or User Content to third parties where it believes, in good faith, that not doing so would impede the proper course of justice.
2.7. Notwithstanding any other provisions of these Terms of Use, the Use of the Website may not:
a. include software such as viruses or Trojans that can damage or erase computers or data of the Council of Europe, Users or third parties or make it unavailable or inaccessible;
b. bypass technical security measures of the computer systems of the Council of Europe or third parties;
c. involve unreasonable or disproportionate use of the infrastructure of the computer systems of the Council of Europe or third parties that impede the functionality or functionalities of the Website;
d. involve manual or automated software, devices, or other processes to "trawl", "spider" or scrape any content of the Website;
e. constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;
f. infringe any third party's Intellectual Property Rights, privacy rights or any other rights;
g. involve (virtual) child pornography or bestiality;
h. harm minors in any way, including but not limited to establishing unlawful contact;
i. promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
j. spread, incite, promote or justify racial hatred, xenophobia, antisemitism or other forms of hatred based on intolerance, including but not limited to: intolerance expressed by aggressive nationalism and ethnocentrism, discrimination and hostility against minorities, migrants and people of immigrant origin or any other form deemed contrary to fundamental human rights and freedoms;
k. involve any illegal activities or activities that are contrary to morality or public order;
l. involve false or misleading information;
m. involve unlawful use such as harassment or stalking of other Users;
2.8. The use of the Website is at the Users’ own expense and risk. The Users are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Website. The risk of loss, theft or damage to any of its data will at all times be borne by the Users.
2.9. The Users agree and acknowledge that User Content posted on the Website may be used by other Users. The Council of Europe cannot guarantee that other Users will comply with these Terms of Use, although it will make an effort to monitor Users’ actions and to take appropriate steps as described under Article 2 in case of the violation of these Terms of Use.
2.10. The Website may contain information that is derived from and/or may refer to third parties' websites or services (for instance via hyperlinks, banners or buttons), such as the Hate Speech Watch reports. Third party terms or conditions may apply to these websites or services. The Council of Europe has no control over the information and content of these third parties' websites and services and does not accept any responsibility and/or liability for this information and content of these third parties' websites and services.
3. Account
3.1. In order to be able to use the Website optimally, Users have to create an Account in the way as described on the Website. By means of the Account Users can amend, update and/or delete their Profiles. Users are responsible for keeping their Credentials confidential. Users are responsible and liable for all use made of the Website by means of their Accounts. As soon as Users know or have reasons to assume that their Accounts have come into the hands of unauthorized persons, Users should inform the Council of Europe, notwithstanding their own obligations to take immediate effective measures themselves, such as changing the password of their Accounts.
3.2. Users will not grant access to their Accounts to third parties.
3.3. Users must be at least 13 years old to open an account.
3.4. Users aged between 13 and 18 years must accept a special undertaking when registering to open an account.
3.5. Users may open their own user Accounts as described on the Website. Users may only open User Accounts if they are natural persons. Users may register their own organisation Accounts, as described on the Website.
4. Intellectual Property Rights
4.1. Users acknowledge and agree that they do not acquire any rights over the Website, except for the rights expressly granted under these Terms of Use.
4.2. Users are not permitted to transfer their own rights relating to the Website or to make them available to third parties in any way or for any purpose.
4.3. Users remain owners of all Intellectual Property Rights they possess with regard to the User Content they upload onto the website. Users grant the Council of Europe a royalty-free, world-wide, sub-licensable, non-exclusive licence for an unlimited amount of time to use User Content for the purposes of the No Hate Speech campaign as described on the Website. Any other possible use will require the Users’ consent.
4.4. Users themselves can control which of their Content, including pictures and video films, become publicly visible.
4.5. Users are aware that any Content posted on the Website may become publicly accessible.
4.6. The afore-mentioned license ends when the Users delete the respective User Content or close their Accounts unless they have shared their User Content with other Users, and these other Users have not deleted it. User Content is deleted in a manner similar to emptying the recycle bin on a computer. Users understand that removed content may persist in caches and/or backup copies accessible only to the Council of Europe.
5. Moderation
5.1. In order to facilitate the functioning online community, the Council of Europe operates with online Moderators, persons with special rights and responsibilities on the Website.
5.2. Moderators are acting on the basis of these Terms of Use, and may, depending on the instructions by the Council of Europe, perform any tasks or exercise any powers attributed to the Council of Europe in these Terms of Use, in particular those listed in Article 2.
6. Interruptions
6.1. The Council of Europe does not warrant that the Website will be error free, up-to-date and functional at all times. The Council of Europe is not liable towards Users for any damage, loss of data or costs resulting or arising from any such circumstances.
6.2. The Council of Europe is free to change and/or update the Website and replace the design and lay-out of any of the functionalities of the Website without any prior notification and without being obliged to pay any compensation whatsoever to the Users.
6.3. The Council of Europe is entitled to put the Website temporarily out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the Users, for instance in connection with the reasonably required maintenance or due to force majeure. Force majeure includes – but is not limited to – site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to the Council of Europe of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.
6.4. The Council of Europe does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services – including but not limited to the terms and conditions of Apple and Google – allow the use of and/or interaction with the Website.
7. Limitation of liability
7.1. The Users are responsible and liable for all use they make of the Website, including but not limited the use of their Account and/or Profile. The Users indemnify and hold the Council of Europe harmless against any and all claims by third parties in connection with or resulting from the Users’ use of the Website.
7.2. The Council of Europe accepts no liability for any damage resulting from unauthorised access to or use of the Website by Users or third parties.
7.3. The Council of Europe's liability for consequential damages arising out of, or in -connection with the Agreement or these Terms of Use, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind, independent of whether Users provide notice to the Council of Europe of such potential injury, damages or loss, is excluded.
8. Termination and remedies
8.1. The Users may terminate the Agreement at any time by discontinuing the use of the Website and/or by closing their Accounts.
8.2. The Council of Europe may close an account for the reasons set out under Article 2 of these Terms of Use.
9. Third parties
The Council of Europe reserves its right to commission third party service providers and their authorized agents to perform any of the tasks attributed to the Council of Europe under these Terms of Use on its behalf.
10. Contact
Any and all correspondence and communication between the Users and the Council of Europe may be undertaken in English or French. The Council of Europe can be contacted by means of the contact details available on the Website.
11. Dispute Settlement and applicable law
11.1. These Terms of Use, the Agreement and the use of the Website are governed by the laws of France.
11.2. Should controversies, disputes or claims arise out of or relating to these Terms of Use, the Agreement and/or the use of the Website, the User and the Council of Europe shall strive to settle the dispute amicably. Failing such a friendly settlement the dispute shall be submitted to arbitration in France without recourse to any form of national legal process.
12. Miscellaneous
12.1. If any provision in these Terms of Use shall be held to be (partly) void or unenforceable, the other provisions of these Terms of Use will remain in full force and effect. In such cases, the Council of Europe will replace the void or unenforceable provisions with new ones.
12.2. All provisions which are meant to survive the termination of the Agreement, including but not limited to all of the User's representations, warranties and indemnification obligations, shall survive such termination.
12.3. These Terms of Use have been prepared in English and may have been translated into other languages. In case of a dispute, the English version shall prevail.
