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Terms of Service

Term of Service (version 1.0)
Last updated: September 26th, 2018

  1. INTRODUCTION

    1.1 The Noncitizen Archive. Noncitizen Archive is a non-profit digital archive for storing images from migrant experiences. It is an independent platform for the secure digital storage of personal and observational footage. Noncitizen Archive, which is a cloud based digital information management system integrating various functionalities enabling users (e.g. migrants, asylum seekers, refugees, activists, aid workers, filmmakers and journalists), through a digital archive platform, to upload, organise, and store videos, images, and audio files (hereafter referred to as “Noncitizen Archive”). For further information on the various functionalities pertaining to Noncitizen Archive, please refer to noncitizenarchive.com/about.

    1.2 About us. Noncitizen Archive ekonomisk förening reg. No. 769635-8048), c/o Story AB, Kocksgatan 31, SE-116 24 Stockholm, Sweden, as the administrator of Noncitizen Archive, believes videos, photos, and audio material (collectively the “Digital Material”) captured by migrants and people living in “noncitizenship” are crucial documents of our time, but that they often get lost. Footage is deleted and mobile phones go missing. Through Noncitizen Archive, we want to save this material for the future, whether it’s for personal use, research and/ or cultural projects.

    1.3 User Acceptance. By using or visiting our website or interacting with the Noncitizen Archive (including, but not limited to, our software, data feeds, and services provided to you on, from, or through our website (collectively the "Service") you accept to; (i) these terms and conditions for use of our Service, (ii) our Privacy Policy, from time to time, found at noncitizenarchive.com/privacy, and as incorporated to this Term of Service by reference, and (iii) any and all of our guidelines, policies, instructions, codes of conducts or standards, from time to time, found at noncitizenarchive.com, which are all incorporated to this Term of Use by reference.

    1.4 Updates. We will update this Term of Service from time to time in response to changing legal, regulatory or operational requirements. We will provide notice of any such changes (including when they will take effect). Your continued visit or use of the Service after any such updates take effect will constitute acceptance of those changes. If you do not accept any updates to this Term of Service, you may cancel your use or service.

    IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ANY OF OUR GUIDELINES, POLICIES, INSTRUCTIONS AND STANDARDS, PLEASE DO NOT USE OUR SERVICE.
     
  2. SCOPE OF SERVICE

    2.1 Scope. These Terms of Service apply to all visitors of our website and Service users, including users who are also contributors of Digital Material in the Service and material you may view or access on the website (such as texts, software, scripts, graphics, photos, sounds, videos, or combinations thereof and other materials). 

    2.2 Third party links. The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By visiting or using the Service, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Service, and to read the terms and conditions and privacy policy of each other website that you visit.
     
  3. USE OF OUR SERVICE

    3.1 Noncitizen Archive Accounts. Access to some features of the Noncitizen Archive requires that the visitor or users create an account. When creating an account, you must provide accurate and complete information. You are solely responsible for any and all activity that occurs on your account (including, but not limited to, uploading of Digital Material), and ensure compliance with our guidelines, instructions and codes of conducts, from time to time, concerning management of your account. You must keep your account password secure and never use another user’s account without due permission. You must notify us immediately of any breach of security, unauthorised use or activity of your account.

    3.2 Account Privacy Level Setting. We provide account holders the option to choose a suitable privacy level setting for their accounts and uploaded Digital Material. During the uploading process, account holders may choose the privacy level under the title “Who is this visible to?”. Currently, the Service provides for the following privacy levels:

    A) Private: The account information and the uploaded Digital Material is made available only to or used only by us and the account holder.

    B) Public: The account information is made available only to us and the account holder. However, certain account information (such as first name and last name) and the Digital Material is made publicly available to any and all visitor to our website (including, but not limited to, visitors without a Service account.

    C) For Logged-in Users: The account information is made available only to us and the account holder. However, certain account information (such as first name and last name) and the Digital Material is made available or displayed to other users. However, the Digital Material is not displayed to visitors to our website.

    3.3 General Use and Restrictions. By accepting the Term of Service, you may use and access the Service pursuant to our guidelines, instructions and codes of conducts, from time to time. Notwithstanding, the following limitations of use will apply:

    A) We retain the right to discontinue any aspect of the Service at any time.

    B) You agree not to access, modify, alter or distribute in any medium any part of the Service or the Digital Material without prior written consent, unless we provide you with explicitly authorised means, (such as built in Service functions such as embeddable playback functions that we designate).

    C) You agree not to use any part of the Service for any commercial uses without prior written consent.

    D) If you use the built in Service functions, you may not modify, build upon, or block any portion or functionality of these embedded functions.

    E) We may need to update the built in Service functions by specific uploading applications. If you use our uploading applications, you agree that it may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the uploading functions imbedded in our Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Service.

    F) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personal data, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments or email) for any commercial solicitation purposes or uses not endorsed by us or accepted by the account holder pursuant to the chosen privacy level setting. You agree not to solicit, for commercial purposes, any users of the Service with respect to their uploaded Digital Material.

    3.4 Specific Use and Restrictions. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Digital Material:

    A) All Digital Material are owned by or licensed to us, subject to copyright and other intellectual property rights under the law.

    B) The Service is provided to you AS IS. You may access Digital Material for your information and use solely as intended through the provided functionality of the Service, according to the chosen privacy level setting, and as permitted under these Terms of Service.

    C) You shall not reproduce or download any Digital Material, unless you see a “download” or similar link displayed by us on the Service for that Digital Material. 

    D) You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Service content or Digital Material for any other purposes without the prior written permission from us and/or the respective account holder having upload the Digital Material. We and the individual account holders reserve all rights not expressly granted in and to the Service and the Digital Material.

    E) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying or exploitation of any Digital Material or enforce limitations on use of the Service or the Digital Material therein.

    F) You understand that when using the Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, compliance, or intellectual property rights of or relating to such Digital Material. 

    G) You understand and acknowledge that you may be exposed to Digital Material that is inaccurate, offensive, indecent, noncompliant or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless us, our owners, operators, affiliates, account holders, licensors and licensees to the fullest extent allowed by law regarding all matters related to your visit to our website or use of the Service.

    3.5 Digital Material. As an account holder you may upload Digital Material to the Service for various purposes, such as, storage, display or use by other users and the public. You understand that your chosen privacy level setting will determine the level of protection and confidentiality afforded to your uploaded Digital Material. We do not guarantee any confidentiality with respect to any Digital Material you chose to submit, share with and display to other users and the public.

    3.6 Uploading Responsibility. You shall be solely responsible for your own Digital Material and the consequences of uploading and choosing to publish your Digital Material on the Service. You affirm, represent, and warrant that; (i) you own or have the necessary licenses, rights, consents, and permissions to upload and to publish the Digital Material you upload, and (ii) not to upload Digital Material that is contrary to our guidelines, policies, instructions, codes of conducts or standards, from time to time.

    3.7 Endorsement. We do not endorse any Digital Material uploaded to the Service by any account holder, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with the Digital Material. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we retain the right, without prior notice, to remove all Digital Material if properly notified that such Digital Material infringes on another's intellectual property rights.

    3.8 Account Termination. Without prejudice to section 4 below, you may at any time terminate your account and remove Digital Material uploaded to the Service. Nevertheless, we may at any time, without prior notice and in our sole discretion, remove and/or terminate user's access to the Service if the user or the uploaded Digital Material is in breach of the terms and conditions set out in this Term of Service.
     
  4. INTELLECTUAL PROPERTY

    4.1 Ownership. You retain any and all ownership rights to Digital Material you upload to the Service. You further agree that Digital Material you upload to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to upload the Digital Material and to grant us all of the license rights granted herein.

    WE ENCOURAGE YOU TAKE DUE CARE AND TO THE EXTENT POSSIBLE AVOID UPLOADING DIGITAL MATERIAL OR ANY MATERIAL THAT IS SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS. 

    4.2 License to Digital Material. By accepting this Term of Service and pursuant to chosen privacy level setting:

    A) You grant Noncitizen Archive a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Digital Material in connection with the Service, including without limitation for promoting and redistributing part or all of the Digital Material (and derivative works thereof) in any media formats and through any media channels.

    B) You grant each user of the Service a non-exclusive license to access your Digital Material through the Service, and to view the Digital Material through the Service functions subject to these Terms of Service.

    Without prejudice to chosen privacy level setting, the above licenses granted by you terminate within a reasonable time after you remove or delete your Digital Material from the Service. Notwithstanding, you understand and agree that; (i) we may retain, but not to display, distribute, or perform, server copies of your Digital Material that have been removed or deleted pursuant to our Privacy Policy, and (ii) a change in privacy level setting, removal of the Digital Material or termination of the licenses granted by you will not have a retroactive impact on Digital Material made available to us, other users and/or the public.
     
  5. WARRANTY DISCLAIMER

    5.1 You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof.

    5.2 We make no warranties or representations about the accuracy or completeness of our Service, of the uploaded and/or displayed Digital Material, or of the website contents and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) injury or damage, of any nature whatsoever, resulting from your access to and use of our Service; (iii) any unauthorised access to or use of servers; (iv) any interruption or cessation of transmission to or from our Service; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Service by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Digital Material or content posted, emailed, transmitted, or otherwise made available via the Service. 
     
  6. LIMITATION OF LIABILITY AND INDEMNITY

    6.1 In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) injury or damage, of any nature whatsoever, resulting from your access to and use of our Service; (iii) any unauthorised access to or use of servers; (iv) any interruption or cessation of transmission to or from our Service; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Service by any third party; and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Digital Material or content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that we shall not be liable for any Digital Material or illegal conduct.

    6.2 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Digital Material caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.

    6.3 The Service is controlled and offered by us from our facilities in Sweden and we makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
     
  7. APPLICABLE LAW AND DISPUTE RESOLUTION

    This Terms of use shall be governed by the substantive laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this Term of Use, or the breach, termination or invalidity thereof, shall be finally settled by the Swedish General Court in Stockholm.

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