1. GENERAL
These Terms and Conditions of Use (“Terms”) apply to and contain the terms and conditions that govern your access to and use of Human Rights Watch, Inc.’s (collectively, with its affiliated charities, branches and other registered entities, “HRW”, “we”, “our” or “us”) Multimedia Newsroom (the “Services”) and the content, documents, data, multimedia, Videos Features, Socials, Images, Clip Reels, Shotlists, and other materials of any type or format contained therein and to any of the foregoing that may be shared by us with you outside of the Services (collectively, the “Materials”). By using the Services or Materials, you agree both to these Terms and to our Privacy Policy, which is incorporated by reference into these Terms. We may make modifications to these Terms from time to time. If you use the Services or Materials after the date of those modifications, you accept the Terms as modified. To the extent there are any differences between a translated version of these Terms and the English version of these Terms, the English version shall prevail. If you have questions or concerns regarding these Terms, please contact us at hrwpress@hrw.org. You must provide credit when using the Materials to make clear that the Materials are provided courtesy of “Human Rights Watch” and include any applicable © copyright notice that is included with the Materials.
2. SERVICES AND LICENSES
You acknowledge that the Services and Materials are protected by copyright and other applicable laws. You agree to comply with these Terms and with all intellectual property laws and other applicable laws worldwide in your use of the Services and Materials. You may access the Services and Materials for your or your organization’s own personal or internal non-commercial use. Additionally, you may use the Services and Materials solely as permitted by the limited licenses granted herein for non-commercial purposes. You may not sell the Materials. You may not use the Services or Materials for any advertising, marketing, promotional, fundraising or other commercial purposes. Notwithstanding the foregoing restrictions on commercial use, news media may use the Services and Materials solely for the purpose of dissemination of news and news focused longform programming in accordance with the terms and conditions herein, provided, however, that the Materials may not be used in any commercials or advertisements or for any marketing, promotional or fundraising use. For any other commercial use (e.g., films, filmmakers, documentaries, TV and film platforms and apps, etc.), prior written permission from an authorized representative of HRW and your agreement to and compliance with these Terms and any additional terms and conditions communicated by HRW is required. The limited licenses provided below to the Video Features, Socials, Images and Clip Reels are revocable, non-exclusive, non-transferable and non-sublicensable. Further your use of Video Features and Socials are subject to any required third-party permissions or licenses you may need to obtain separately. HRW does not always own the copyright for certain materials – including without limitation to some photographs, sound recordings or audio-visual works – included within the Video Features and Socials. For example, other rights such as third-party copyright, or rights to publicity, privacy, or moral rights, or other intellectual property rights may limit how you use the Video Features and Socials. Therefore, the limited licenses herein may not give you all of the permissions necessary for your intended use nor are they intended to; these limited licenses are subject to your separately securing any and all requisite third-party licenses, permissions and consents. You are solely responsible for ensuring you have all requisite third-party permissions, licenses and consents and for paying any third-party royalty fees to the extent needed to give effect to the limited licenses contained herein. You must credit HRW in any instance where you publicly display or publish the Materials in accordance with the limited licenses below. Such crediting shall make clear that all Materials are provided courtesy of “Human Rights Watch” and include any applicable © copyright notice that is included with the Materials. Your license and rights granted hereunder will terminate automatically upon any breach by you of these Terms. HRW further reserves the right to terminate the licenses granted herein or to suspend or terminate your access to and use of the Services or Materials at any time, for any reason or no reason, in its sole discretion. Sections 3, 4, 5, 6, 7 and 8 hereof will survive any termination of the licenses herein.
A. Video Feature and Socials
Subject to these Terms, Video Features and Socials may be shared on social media or embedded on websites by using embed codes found on https://media.hrw.org (i.e., by using the embed function when using the
Services). Video Features and Socials may not be translated, edited, changed, recast, adapted, altered, transformed, modified, distorted, doctored or manipulated in any way. You may not create derivative works using Video Features and Socials.
B. Images, Photographs & Graphics (collectively, “Images”)
Subject to these Terms, Images may be publicly displayed. Images cannot be edited, changed, recast, adapted, altered, transformed, modified, distorted, doctored or manipulated in any way. You may not create derivative works using Images.
C. Clip Reels
Subject to these Terms, you may publicly display and publish footage from the Clip Reels, either as standalone clips or within your own video edits. You may not however in any way change, recast, adapt, alter, transform, or modify the footage from the Clip Reels in a manner that is misleading, a misrepresentation, or out of context (i.e., without the accurate surrounding words or circumstances), such that the original meaning of the footage from the Clip Reels is changed or such that the footage would not be fully understandable or clear. You may not distort, doctor or manipulate any footage from the Clip Reels. Any translations or subtitles you include with the footage from the Clip Reels must strictly adhere to HRW’s transcription of soundbites, when such transcriptions are made available with the Clip Reels. You must strictly adhere to HRW’s credit instructions for any content used from the Clip Reels and include all necessary credit in a reasonable manner.
D. Additional License Terms
If HRW objects to your use of its Materials, including without limitation any Video Features, Socials, Images, and the Clip Reels, you agree to take the Materials down and cease using the Materials immediately. You may not use the Services or Materials in a manner that violates any applicable laws or regulations. You are prohibited from accessing or using the Services and Materials from countries or territories where such access or use is illegal. You are solely responsible for complying with all local laws and regulations regarding online conduct and access to or use of the Services and Materials. Additionally, you may not: (i) access or use, or attempt to access or use, the Services or Materials to take any action or in any manner that could harm or harms HRW, HRW’s reputation, or the goodwill accrued in HRW’s names, marks and logos, or could harm or harms any individual featured in the Materials or their reputation, or interfere with the operation of the Services or HRW’s work; (ii) use the Materials in any manner that is misleading, a misrepresentation, or out of context (i.e., without the accurate surrounding words or circumstances), such that the original meaning of the Material is changed or such that the Material would not be fully understandable or clear, or in a manner that is defamatory to any individual, entity, organization, group or government, or in violation of any applicable laws and regulations, or in a manner the suggests HRW endorses or supports you or your use; (iii) use the Services or Materials with any device or software that could disable or impair the Services; (iv) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; and (v) attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Services or Materials. You agree to abide by all additional terms and conditions displayed on the Services, as they may be updated from time to time.
3. INTELLECTUAL PROPERTY
HUMAN RIGHTS WATCH, HRW and other names, marks and logos displayed on the Services and Materials are trademarks owned by HRW (“HRW Marks”). You may not use such HRW Marks, or any of the Services or Materials, in any manner that could indicate you are the owner of the HRW Marks, Services or Materials, or that they are associated with you or anyone other than the legal owner. Aside from the limited licenses herein to display or publish the Materials, which may contain HRW Marks, you may not use or copy HRW Marks or our other intellectual property for any other use, and all goodwill accruing in the HRW Marks from any permitted use inures solely to the benefit of HRW. Except as otherwise expressly granted herein, HRW does not grant you or any other person any express or implied rights or license to any HRW Marks, or any copyrights, or other intellectual property.
4. THIRD-PARTY WEBSITES, PLATFORMS AND APPLICATIONS
Our Services and Materials may contain links to, and may be linked from, third-party websites, platforms, or applications that we do not maintain. We do not endorse or make any representations about any such websites, platforms or applications or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Services or Materials to other websites, platforms or applications, you
do so at your own risk and will be subject to the terms and conditions, and any privacy, security or other policies, of those websites, platforms or applications.
5. DISCLAIMERS
WE PROVIDE THE SERVICES AND MATERIALS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICES OR MATERIALS. WE DO NOT WARRANT THAT WE WILL MONITOR THE SERVICES OR MATERIALS FOR ACCURACY, CURRENCY OR ERRORS, THAT THE SERVICES OR MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT WE WILL UPDATE THE SERVICES OR MATERIALS, THAT THE SERVICES OR MATERIALS WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT THE SERVICES OR MATERIALS ARE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
6. LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE BY LAW, HRW AND ALL OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR MATERIALS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND MATERIALS. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO ONE UNITED STATES DOLLAR (US$1.00).
7. INDEMNIFICATION
You agree to indemnify, defend and hold harmless HRW and our officers, directors, employees, representatives, volunteers, licensors and agents, from and against any and all losses, injuries, claims, liabilities and damages, including attorneys’ fees, that result from or relate to your use of the Services or Materials or any violation of these Terms and our Privacy Policy, or both.
8. GOVERNING LAW
These Terms are governed by the laws of the State of New York, without regard to its choice of law provisions. Any claim or dispute against us with respect to these Terms, your use of the Services or Materials or otherwise shall be brought exclusively in the courts of the State of New York, New York County, New York, or in the United States District Court for the Southern District of New York, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. You agree to waive trial by jury in any such action.
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