Conditions d'utilisation

Liberties.eu (“Site”) is operated by the Civil Liberties Union for Europe, a network of European non-governmental, non-profit human rights and civil liberties organizations (“We”, “Us”, “Civil Liberties Union for Europe”, “Liberties”). The purpose of this website is to further public causes identified by civil society organizations and empower individuals with tools and communication platforms to achieve objectives of general interest.

1. Acceptance of the Terms of Use

By using the Site, you agree to be bound and abide by these Terms of Use. If you do not agree to this Terms of Use you cannot use the Site and you must leave it immediately. When using certain features of the Site, you will also be required to explicitly accept the Terms of Use, however, please note that your explicit agreement is not a precondition for its validity.

2. Changes to the Terms of Use

We reserve the right to modify the Terms of Use at any time. Any material changes will take effect prospectively by posting the new Terms of Use here. Your continued use of the Site following the posting of the new Terms of Use means that you accept the changes.

3. Access to the Site

Liberties aims to continuously operate the Site, however, there may be occasions when we have to make the Site permanently or temporarily inaccessible. We do not warrant for the continuous and unrestricted availability of the Site and exclude liability for any damages arising from its unavailability.

We may require you to provide certain information and sign up to use certain parts of the Site. In this case we provide you with a user name and a password. You are responsible for preserving the confidentiality of your user name and password and you must not disclose them to third parties.

You agree to immediately notify the Civil Liberties Union for Europe should you take notice of any unauthorized use of your username or password, or any breach of related security measures. Please also read our Privacy Policy to learn how we use and protect your personal data.

We reserve the right to disable any username or password, whether chosen by you or provided by us, at any time and for any reason.

4. Information on the Site

Civil Liberties Union for Europe and its Affiliated Partners aim to regularly update information on the Site. However, any information on Liberties.eu, including content made available by us, our Affiliated Partners, or by users, is for general information purposes only, and not necessarily comprehensive, complete, accurate or up to date. Liberties does not warrant for the completeness or accuracy of any information on the Site and excludes liability for damages arising from the use of such information.

5. Use of the Site

You may use the Site only for lawful purposes, in accordance with these Terms of Use and with any applicable international, national, regional or local law or regulation. In addition, you agree to respect the Standards of User Contributions. Your use of the Site is conditioned on your compliance with the Rules of Conduct and the Standards of User Contributions.

5.1. Rules of Conduct

You agree not to use the Site

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Standards of User Contributions set out in these Terms;
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
• To impersonate or attempt to impersonate the Civil Liberties Union for Europe or an Liberties employee, or the Affiliated Partners of Liberties or an employee of an Affiliated Partner or another user, person or entity;
• To harvest or collect email addresses or other contact information of Users from the Site by electronic or other means for any purpose;
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Liberties or users of the Site or expose them to liability;
• For any commercial purpose.

Additionally, you agree not to:

• ·Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Site;
  ·Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
  ·Use any device, software or routine that interferes with the proper working of the Site;
  ·Introduce any viruses, Trojan horse malwares, worms, logic bombs or other material which is malicious or technologically harmful;
  ·Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  ·Attack the Site via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Site.

5.2. Standards of User Contributions

Liberties.eu provides you with interactive communication tools, such as online petitions, surveys, webmail, public data requests, forums or other interactive features. We call User Contribution anything that you post, upload, transmit, or otherwise make available to others by using the Site.

You acknowledge your full legal responsibility for your User Contributions and you agree to defend, indemnify and hold harmless the Civil Liberties Union for Europe and its Affiliated Partners for any breach of that warranty.

We will consider your User Contributions non-confidential and we reserve the right to disclose, copy, store, transmit to third parties or otherwise use this material.

While using the Site and its interactive communications tools, you agree to abide by the following Standards of User Contributions.

User Contributions must not:

• Be threatening, harassing, degrading or hateful, contain any material which is defamatory, indecent, abusive, offensive, violent, hateful, inflammatory or otherwise objectionable.
• Infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·Violate the legal rights of others; Promote, advocate or assist any conduct that constitutes a criminal offense or is otherwise unlawful.

• Be likely to deceive any person, particularly but not exclusively by impersonating, or misrepresenting your identity or your affiliation with any person or organization.
• Give the impression that they emanate from us or any other person or entity, if this is not the case.

Any content or User Contributions uploaded to or expressed through the Website, including articles, polls, personal choices, messages, public data requests or other material, other than content provided by the Civil Liberties Union for Europe, are the responsibility of the person or entity submitting them and do not necessarily reflect our opinion. The Civil Liberties Union for Europe or Liberties.eu is not responsible, or liable to any third party, for the content or accuracy of any materials posted by the Affiliated Parties, users or any third party to the Site.

6. Monitoring of User Contributions

We reserve the right to refuse to post or remove any User Contributions that infringe the Rules of Conduct, fail to meet the Standards of User Contributions, otherwise endanger the purpose of the Site, or the objectives of the Civil Liberties Union for Europe.

We reserve the right to take any action, including appropriate legal action that we deem necessary in case we think that the User Contribution violates the Terms of Use in any way or could create liability for the Civil Liberties Union for Europe.

We may disclose your identity to third parties who claim that your User Contribution violates their rights. For more information on how we use your personal data, please read our Privacy Policy.

We reserve the right to terminate your access to all or part of the Site for any violation of these Terms of Use.

7. License and Copyright

The materials posted on this Site, except for those that contain a copyright notice for a third party other than the Civil Liberties Union for Europe or Liberties.eu, are licensed to the public through the Creative Commons Attribution-Non-commercial license. This license allows you to download the materials from this Site (that are not specifically restricted) and to share them as long as: 1. All copies include attribution to the original author (if noted) and the Civil Liberties Union for Europe and contain a link back to www.liberties.eu as the original source of the work; and 2. The copies are distributed only for non-commercial 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 this Site without prior written permission from the author of the work. If you are in doubt, please contact us.

If you believe that material published on the Site, including any User Contributions, infringes upon your copyright, you may submit a notification (email) according to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, or the applicable national law.

The notification shall

• ·Unequivocally identify the copyrighted work claimed to have been infringed;
  ·Provide information reasonably sufficient to permit the service provider to locate the material;
  ·Provide information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  ·Contain a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  ·A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  

8. Trademarks

The name “Civil Liberties Union for Europe”, Liberties.eu and the Liberties.eu logo and all related material are trademarks of the Civil Liberties Union for Europe and may not be reproduced separately from the textual content associated with them on this Site. The trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not ours. All other names, brands and marks that may appear on the Site remain the property of their respective owners and appear here for identification purposes only.

9. Limitations on Liability and Disclaimer of Warranties

Neither the Civil Liberties Union for Europe, nor its affiliated entities, service providers, employees, or directors, will be responsible for damages of any kind, under any legal theory arising from your use of or inability to use the Site, or from any materials posted on the site by us or by third parties.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete, correct, or that access to the Site will be uninterrupted.

We do not guarantee or warrant that files available for downloading will be free of viruses or other destructive code and you are responsible for implementing appropriate technological procedures meeting your particular requirements for anti-virus protection and protection against other harmful codes. We will not be liable for any loss or damage by a denial-of-service attack, a distributed denial-of-service attack, viruses or other harmful technological means or procedures caused to you due to your use of the Site, any services accessible on the Site, items obtained through the Site or through any website linked to the Site.

The Site and any material or services available through the Site are provided to you on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. Civil Liberties Union for Europe disclaims all warranties with respect to the Site and any product, service or material obtained through the Site, to the fullest extent permissible under applicable law. The Civil Liberties Union for Europe and its affiliated entities, service providers, employees, or directors, disclaim any warranty with respect to the completeness, security, reliability, quality, accuracy or availability of the Site.

The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law.

10. Severability

If any of the provisions of these Terms of Use become partially void, the parties will be bound by the remainder of the Terms of Use. The parties shall replace the voided part by provisions that are valid and have legal effect and that correspond with those of the voided part as much as possible, taking into account the content and the purport of these Terms of Use.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

11. Applicable Law and Jurisdiction

These Terms of Use shall be exclusively governed by German law. All disputes arising out of, or related to, these Terms of Use, including disputes concerning the existence and validity thereof, shall be resolved exclusively by the courts of Germany, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.