Terms and conditions of use

Introduction

The International Criminal Court puts the Legal Tools at the disposal of any person who may choose to access this web site ("User") under the following terms and conditions of use ("Terms and Conditions"). The Legal Tools Project, each Legal Tool and particular components of each Legal Tool are protected by copyright, neighbouring rights, database rights and/or other applicable law. Any use of the Legal Tools other than as authorized under these Terms and Conditions is prohibited. By exercising any rights to the Legal Tools under these Terms and Conditions, the User accepts and agrees to be bound by these Terms and Conditions. Access by the User to the web site of the Legal Tools constitutes agreement with these Terms and Conditions.

1. User's license grant

  1. The International Criminal Court grants permission to the User to consult, download and copy the information, documents and materials contained therein for the User's personal, non-commercial use, subject to these Terms and Conditions and also subject to more specific restrictions that may apply to specific Legal Tool(s) available on this web site.
  2. The User is not authorised to transmit, resell or redistribute the Legal Tools or the information, documents and materials contained therein, in whole or in part, in any form or by any means, or to compile or create derivative works therefrom, unless otherwise authorized in writing by a duly authorized representative of the International Criminal Court.
  3. The User may not exercise any of the rights granted above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.
  4. The User shall comply with all laws, regulations, ordinances and rules bearing upon the exercise of rights granted under these Terms and Conditions.
  5. All rights not expressly granted in these Terms and Conditions are hereby reserved.

2. Contributions from Users

  1. The International Criminal Court welcomes communications from Users with information, suggestions or ideas which may foster the completion and development of the Legal Tools, increase their usefulness and relevance or contribute to the establishment of a community of interested Users around the Legal Tools as a public good.
  2. The International Criminal Court invites Users interested in the further development of the Legal Tools Project to become "partners" of the Project who may advise, assist and even directly participate in the update, completion and refinement of the services and information contained in the Legal Tools. In this regard, the International Criminal Court is open to dialogue for cooperation with interested Users who may have expertise and/or means relevant to any identifiable area for development of the Legal Tools Project.
  3. Any communication concerning sub-paragraphs (a) or (b) above should be submitted by clicking here, or by regular mail marked "Legal Tools Project" and addressed to:


    International Criminal Court
    Office of the Prosecutor
    Legal Advisory Section
    P.O. Box 19519
    2500 CM, The Hague
    The Netherlands

  4. The User acknowledges that the International Criminal Court and its designees have unfettered editorial discretion to determine the structure and content of the Legal Tools and agrees to waive any claim related to the inclusion, placement, exclusion, or removal of any material the User submits to the International Criminal Court pursuant to or by reason of the Legal Tools Project .

2.1. Intellectual property rights assignment

To enable the International Criminal Court to take appropriate action in the event of infringements by third parties, and in consideration for the opportunity to use and participate in the Legal Tools Project, by uploading, sending or making available to the International Criminal Court information or other content pursuant to or by reason of the Legal Tools Project, including (without limitation) pictures, video and other images, audio materials, graphics, document or data files, information relating to natural and other persons, messages, e-mail and other communications, files, texts, opinions, personalisation settings and other information, the User automatically grants (or warrants that the owner of such content expressly granted) the International Criminal Court and their designees a perpetual, royalty-free, irrevocable, and non-exclusive right and license to use (including commercial use and exploitation), copy, sub-licence, reproduce, modify, adapt, publish, translate, publicly perform, display and distribute such content, and create derivative works from and incorporate such content (or any part thereof) into any form, medium, or technology. The International Criminal Court hereby licenses back to the User a non-exclusive, royalty-free right to use any such content, in accordance with these Terms and Conditions. In accordance with section 3 below, the automatic licences referred to in this paragraph will only be effective if the User warrants that the User has all rights necessary to grant such licence to the International Criminal Court and that all so-called "moral rights" in any transmitted content have been waived. The User will provide information that the International Criminal Court reasonably requests related to any claim that material the User submits infringes the rights of a third party.

2.2. Privacy policy

The User consents to the processing, in accordance with these Terms and Conditions, of data personal to the User, such as name and title, physical and e-mail address, telephone number, contact details and other personal details the User includes in the Legal Tools submission form or otherwise communicates to the Court pursuant to or by reason of the Legal Tools Project ("Personal Data"). The International Criminal Court uses Personal Data only in connection with the provision of the Legal Tools Project, including (without limitation) the periodical communication of information about the Legal Tools Project to the User when the User so authorises, and the communication of information to external partners in charge of the further development of the Legal Tools. The International Criminal Court does not use Personal Data for marketing purposes and does not share Personal Data with any outside companies or organisations for such purposes. However, the International Criminal Court may preserve or disclose Personal Data if required to do so by the law applicable in any jurisdiction or in the good faith belief that doing so is necessary to (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights and property of the International Criminal Court or the personal safety of its staff, its contractors and its employees. Any information other than Personal Data the User communicates to the Court pursuant to or by reason of the Legal Tools Project will be considered non-confidential and will not be subject to any obligation of confidence on the part of the International Criminal Court. The International Criminal Court reserves the right to use, process and disclose without restriction any anonymous or generic data (including statistics) in which the User cannot be identified.

3. No limitations on exclusive rights

  1. Nothing in these Terms and Conditions may be interpreted to reduce, limit, or restrict the exclusive rights of the owner(s) of the information, documents and materials contained in the Legal Tools under copyright law, neighbouring rights law, database law or other applicable laws.
  2. By exercising the rights granted in section 1 above, the User agrees to fully respect the intellectual property rights and other proprietary rights of others on the materials not produced by the International Criminal Court contained in the Legal Tools, even if the latter rights prevent the full exercise of the rights granted to the User in section 1 above.

4. Representations and warranties

The International Criminal Court offers the Legal Tools on an 'as-is' basis and makes no representations or warranties of any kind concerning the Legal Tools, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, completeness, or the presence or absence of errors, whether or not discoverable.

5. Copyright claims

  1. Documents in the collections and databases comprising the Legal Tools sometimes provide from external organisations or individuals and may be subject to intellectual property rights under applicable law. The International Criminal Court respects the intellectual property rights and other proprietary rights of others, and may, in appropriate circumstances and at its discretion, remove certain content or disable access to content of the Legal Tools that appears to infringe the copyright or other intellectual property rights of others.
  2. The International Criminal Court has taken all reasonable measures to identify and secure authorisation from relevant copyright holders before publicly releasing the materials contained in the Legal Tools. If the User believes that the copyright or other proprietary rights of others have been violated by material contained in the Legal Tools, the User should provide the International Criminal Court with the following information:
    • Identification of the copyrighted work that the User claims has been infringed;
    • an exact description of where the material about which the User complains is located within Legal Tools ;
    • the User's address, telephone number, and email address;
    • a statement by the User that the User has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • a statement by the User that the above information in the User's notice is accurate and that the User is the owner of the copyright interest involved or is authorized to act on behalf of that owner; and
    • the User's electronic or physical signature.


The information above should be sent in a message by clicking here, or by regular mail marked "Legal Tools copyright claim" and addressed to:


International Criminal Court
Office of the Prosecutor
Legal Advisory Section
P.O. Box 19519
2500 CM, The Hague
The Netherlands

6. Disclaimer of liability

  1. Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Legal Tools or in information, documents and materials contained therein produced by the International Criminal Court are those of the various staff members, consultants and advisers of the International Criminal Court who prepared the Legal Tools and do not necessarily represent the views of the International Criminal Court or its States Parties.
  2. The International Criminal Court, members of its staff, its contractors and its employees disclaim any liability or responsibility for any financial or other consequences whatsoever arising from the use of the Legal Tools or of the information, documents and materials contained therein, including any inappropriate, improper or fraudulent use thereof. The use of the Legal Tools is at the User's sole risk. Under no circumstances, including but not limited to negligence, shall the International Criminal Court, its staff, contractors or employees be liable for any direct, indirect, incidental, special or consequential damages, even if the International Criminal Court has been advised of the possibility of such damages.
  3. The Legal Tools may contain advice, opinions and statements of various information providers. The International Criminal Court does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider, any User of the Legal Tools or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall also be at the User's own risk. Neither the International Criminal Court nor its staff, contractors, employees, information providers or content providers, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content in the Legal Tools, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.
  4. As a condition of use of the Legal Tools, the User agrees to indemnify the International Criminal Court, members of its staff, its contractors and its employees from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of the User's use of the Legal Tools, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms and Conditions. If the User is dissatisfied with the Legal Tools or with any of these Terms and Conditions of Use, the User's sole and exclusive remedy is to discontinue using the Legal Tools.
  5. Information or data included in the Legal Tools sometimes provides from external sources and/or refers to external sites over which the International Criminal Court has no control and in respect of which it disclaims all liability. The inclusion of a link or reference does not imply the endorsement of the linked site by the International Criminal Court.
  6. The International Criminal Court reserves the right to initiate any legal action it shall deem necessary for violations of this disclaimer.

7. Preservation of privileges and immunities

  1. Nothing in these Terms and Conditions shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of the International Criminal Court, which are specifically reserved.
  2. Nothing in these Terms and Conditions shall constitute or be considered authorization to use the name, emblem or official seal of the International Criminal Court or any abbreviation of such name for advertising or for any other purposes.

8. Termination

  1. The International Criminal Court reserves its exclusive right in its sole discretion to alter, limit or discontinue the online access to the Legal Tools or to any information, documents and materials contained therein in any respect. The International Criminal Court shall have no obligation to take the needs of any User into consideration in connection therewith.
  2. The International Criminal Court reserves the right to deny in its sole discretion any User access to the Legal Tools web site or any portion thereof without notice.

9. Miscellaneous

  1. No waiver by the International Criminal Court of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.
  2. The International Criminal Court reserves the right, at its discretion, to change, modify, add or remove portions of these Terms and Conditions periodically. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions to this web site. The continued use of this web site by the User following the posting of changes to these Terms and Conditions means that the User accepts those changes.
  3. These Terms and Conditions constitute the entire agreement with respect to the Legal Tools. The International Criminal Court shall not be bound by any additional provisions that may appear in any communication from the User.

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