Updated: 15 March 2009
Stichting Akvo (the "Akvo Foundation") welcomes you. We are a non-profit corporation registered in the Netherlands (Nederland).
Registered office: Stichting Akvo, s'Gravenhekje 1A, 1011 TG Amsterdam. Algemeen nut beogende instelling (ANBI), registered in Delft. Registered Tax Number: 8197 94727
By using the Website or related services, you agree to be legally bound by these Terms, which shall take effect from your first use of the Website. If you do not accept these Terms in full, use of the Website must be terminated immediately.
The Terms and use of the Website shall be governed by Dutch law. All claims or disputes arising out of or in connection with the Website shall be subject to the exclusive jurisdiction of the courts of The Netherlands.
The Akvo Foundation reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and related services with or without notice. You agree that Akvo Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and related services or any part thereof.
If the Akvo Foundation does not exercise or enforce a right or provision within these Terms, this shall not constitute a waiver of that right or provision. If any provision of these Terms is found to be invalid, the other provisions of the Terms shall remain in full force and effect.
You agree that any claim or cause of action related to use of the Website and related services or these Terms must be filed within one year after such claim or cause of action arose or be permanently barred.
You agree that there shall be no third-party beneficiaries to this agreement, except as otherwise expressly provided in these Terms.
For the purposes of this agreement, "content" means material including, without limitation: text, downloadable files, video, audio and graphics, published by the Akvo Foundation or its partners on the Website and other related publications.
For the purposes of this agreement, "software" means material as defined by Sections 0 and 1 of the GNU Affero General Public License (AGPL) 3 < http://www.gnu.org/licenses/agpl.html >, used by the Akvo Foundation and its partners to create and maintain the Website and related services.
For the purposes of this agreement, "contribution" means material including, without limitation: text, downloadable files, video, audio and graphics, that you upload or post on the Website or related services.
All content and software on the Website is the copyright of Akvo Foundation or third parties. You may view the content of this site on screen. You agree to abide by guidelines regarding further use of this content and software as described in our Licence and Copyright Policy < http://www.akvo.org/web/open_license >.
"Publicly accessible" areas of the Website are those areas of the Website that are intended by the Akvo Foundation to be available to the general public.
The names, images and logos identifying Akvo Foundation or any other third parties referred to on the Website and their content, products and services may be subject to copyright, design rights or trademark rights. The Akvo Foundation's trademarks include, but are not limited to, the names Akvo®, Akvo.org™, Really Simple Reporting™, Akvo RSR™, Akvopedia™, Akvo OpenAid™ and Akvo Direct™. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these Terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of Akvo Foundation or any other third party.
The trademarks: Field Levels Operation Watch™, FLOW™ and Akvo FLOW™, belong to Water for People and are used by Akvo Foundation with permission.
While you have considerable freedom to redistribute and modify the Akvo Foundation software, you agree to abide by these trademark restrictions, even when built into software provided by the Akvo Foundation. For more information, please contact us.
When you register with the Website you are stating that you are over 18 years of age or are a minor with parental consent. You agree that any information you provide to us about yourself upon registration or at any time will be true, accurate and complete. If you provide any information that is untrue, inaccurate or incomplete, or if the Akvo Foundation has reasonable grounds to believe that your information is untrue, inaccurate or incomplete, Akvo Foundation shall have the right to suspend or terminate your account and refuse any and all current or future use of the Website and related services.
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to notify Akvo immediately of any unauthorized use of your password or account or any other breach of security. The Akvo Foundation will not be liable for any loss or damage arising from your failure to comply with this section.
You understand and agree that registration on the Website may include business communications from the Akvo Foundation, such as service announcements and administrative messages, and that these communications are considered part of membership in the Website and that you will not be able to opt out of receiving them.
You agree that your Website account is non-transferrable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein not publicly visible may be permanently deleted.
You agree not to access the Website and related services by any means other than through the interfaces that are provided by Akvo Foundation for use in accessing the Website and related services.
Whilst obtaining access to the Website, you agree to be responsible for any third-party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website.
You agree to use the Website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else's use and enjoyment of, the Website.
The Akvo Foundation does not claim ownership of content or contributions you submit for inclusion on the Website or related services. However, with respect to content or contributions you submit or make available for inclusion on publicly accessible areas of the Website, you grant the Akvo Foundation the following worldwide, royalty-free and non-exclusive licence(s): the fully sub-licenceable licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content or contributions, in whole or in part, on the Website or related services solely for the purposes for which such content or contributions was submitted or made available, in any format or medium now known or later developed. This licence exists only for as long as you elect to continue to include such content or contributions on the Website and will terminate at the time you or the Akvo Foundation remove such content or contributions from the Website.
Additional conditions may apply to content and contributions submitted by partner organisations. Please review the Akvo Foundation Partners and Projects Policy.
Any contribution you make to the Website must be your own, must be civil and tasteful, must not contain any unlawful or objectionable content and must not infringe the law. You agree to abide by our User Contribution Policy, and you furthermore agree not to use the Website or related services to:
* Upload, post, email, transmit or otherwise make available any contribution that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
* Harm minors in any way.
* Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any contribution transmitted through the Website.
* Upload, post, email, transmit or otherwise make available any contribution that you do not have a right to make available, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
* Upload, post, email, transmit or otherwise make available any contribution that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
* Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
* Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
* Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website are able to type, or otherwise act in a manner that disrupts other users' ability to engage in real time exchanges.
* Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
* Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.
* Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated as a terrorist organisation.
* "Stalk" or otherwise harass another.
* Collect or store personal data about other users in connection with prohibited conduct and activities.
* Reverse engineer or tamper with any aspect of the Website and related services in a manner intended to defraud, deceive or mislead others.
* Attempt to gain unauthorized access to the Website and related services, or systems that are not accessible to the general public.
You agree to comply with all local rules regarding online conduct and acceptable content and contributions. When using the Website and related services, you agree to comply with all applicable export and import laws and regulations regarding the transfer, posting and uploading of content and contributions, software, technology, and other technical data. In particular, you represent that you are not a party identified on any government export exclusion list, nor will you transfer software, technology, and other technical data via the Website to parties identified on such lists. You agree not to use the Website or related services for military, nuclear, missile, chemical or biological weaponry end uses in violation of Dutch and European Union laws.
You agree that the Akvo Foundation may, at its sole discretion, immediately terminate, suspend or limit your Akvo Foundation account and access to the Website and related services at any time if you have breached or violated the Terms or other incorporated agreements, if we are compelled by law, if we discontinue or substantially modify the Website and related services, if there are unexpected technical or security issues, if you have been inactive for extended periods, if you have engaged in fraudulent or illegal activities, and/or if you have not paid any fees owed by you in connection with the Website and related services. Akvo Foundation shall not be liable to you or any third party for any termination of your account or access to the Website or related services.
You may terminate your Website account and access to the Website and related services at any time by notifying the Akvo Foundation via the Website.
Termination of your Website account may include: removal of access to all or part of the offerings within the Website and related services, deletion of your password and all related information, files and content associated with or inside your account, and barring of further use of all or part of the Website.
The Akvo Foundation does not control content or contributions posted via the Website and, as such, does not guarantee their accuracy, integrity or quality. You understand that by using the Website, you may be exposed to contributions that are offensive, indecent or objectionable.
The Akvo Foundation shall be not liable in any way for errors or omissions in any content or contributions, nor any loss or damage of any kind incurred as a result of the use of any content or contributions posted, emailed, transmitted or otherwise made available via the Website or related services.
You understand that the technical processing and transmission of the services provided by the Website, including contributions you submit for display on the Website and other electronic communications, may involve transmissions over various networks, portions of which are located in the Netherlands, the United Kingdom, Sweden and other locations abroad, and may require changes on your part to conform and adapt to technical requirements of connecting networks or devices.
The Akvo Foundation may establish general practices and limits concerning use of the Website and related services, including (without limitation) the maximum period of time that uploaded content and contributions will be retained, the maximum number and size of content and contributions that may be sent from or received by an account on the Website, the maximum storage space that will be allotted on the Akvo Foundation's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website and related services in a given period of time.
You agree that Akvo Foundation has no responsibility or liability for the deletion or failure to store any content and contributions maintained or transmitted by the Website or related services.
The Akvo Foundation reserves the right to log off accounts that are inactive for an extended period of time. The Akvo Foundation reserves the right to modify these general practices and limits from time to time.
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to the Akvo Foundation, you agree that your Suggestions do not contain confidential or proprietary information, the Akvo Foundation is not under any obligation of confidentiality with respect to the Suggestions, the Akvo Foundation shall be entitled to use or disclose your Suggestions for any purpose, in any way, in any media worldwide, the Akvo Foundation may have something similar to the Suggestions already under consideration or in development, your Suggestions automatically become the property of Akvo Foundation without any obligation of Akvo Foundation to you and you are not entitled to any compensation or reimbursement of any kind from the Akvo Foundation.
Your use of the Website and software is at your sole risk. The Website and all content and software provided therein is provided "as is" and "as available" without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The Akvo Foundation and its subsidiaries, affiliates, officers, employees, agents, partners and licensors do not warrant that functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, that the Website or the servers that make it available on the internet are virus-free, or that the results that may be obtained from the use of the Website or software will be accurate or reliable.
The Akvo Foundation will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the Website, or the loss of data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of the Website.
Any material downloaded or otherwise obtained through the use of the Website or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
No data transmission over the Internet can be guaranteed to be 100% secure; therefore any information sent by e-mail or other transmission method is at your own risk.
No advice or information, whether oral or written, obtained by you from the Akvo Foundation or through or from the Website or software shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations listed above may not apply to you.
You agree to indemnify and hold Akvo Foundation and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand made by any third party due to or arising out of content or contributions you submit, post, transmit, modify or otherwise make available through the Website and related services, your use or connection thereto, your violation of the Terms, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Website or related services, including content or contributions, software and your Website account information, except as described by the Akvo Foundation Licence and Copyright Policy.
The Akvo Foundation reserves the right to change these Terms at any time by posting changes online. You agree to review this agreement periodically to ensure you are aware of any changes. Your continued use of the Website after any changes are posted means you agree to be legally bound by the Terms as updated and/or amended.