Terms and Conditions
I. INTRODUCTION and SERVICES and USE
A. Mission and Purpose
www.freedomcollaborative.org, (“Freedom Collaborative” or “Site”) is a website provided to you by Share (Asia Pacific) Limited under our Liberty Asia programme (“SHARE”, “we”, “us” and “our”).
Freedom Collaborative is an interactive site, news sharing, partner collaboration and research resource for people and organizations dedicated to fighting modern slavery, forced labour and exploitation. The Site allows the User to post news and information that they believe is useful and relevant to the community (“Content”) PROVIDED AT ALL TIMES such content is compliant with the Terms and Conditions.
We welcome individuals and eligible organizations ("Users," "you," "your") that in some way want to help build a world where all people can live free and dignified lives.
B. Scope and Intent
These Terms and Conditions of Service ("Terms and Conditions") govern your use of the Site and its Services (defined below). You should carefully read the Terms and Conditions before using the Site or its Services. You should also regularly review these Terms and Conditions as we may change them from time to time. You can review the most current version of the Terms and Conditions at any time through the link at the bottom of any page of this Site or at www.freedomcollaborative.org/About/Terms.
C. Services Eligibility
By registering on Freedom Collaborative to become a User or by accessing the Site or any of its Services, you agree that:
- you are an individual employed or formally representing a nonprofit or community organization working in the field of anti-human trafficking, modern slavery or forced labour
- you are an individual employed or formally representing a private limited or public corporation whose work specifically contributes and has contributed in clearly identifiable ways to the furtherance of eliminating human trafficking, modern slavery or forced labour, and your organization does not use, rely on or seek to profit, directly or indirectly, from human trafficking, modern slavery or forced labour
- all users, whether representing themselves as an individual or an organization, must agree not to engage in violence, illegal activity, discrimination, or hate.
D. Services Offered
Freedom Collaborative offers a range of services on or through this Site to help connect people and organizations around Asia and to provide services to assist the furtherance of work relating to anti-human trafficking, modern slavery and forced labour (the "Services"). These Services include, without limitation:
A database of Users and Partner Searching. The User Database contains information about organizations and individuals registered and using Freedom Collaborative, their capabilities, and resources, it can be found under the Community tab. Anyone can search and access the organization partner database for information about member organizations, their work and capabilities. Searches can be narrowed or expanded by adding and removing search terms, and/or by clicking on field values suggested by our system. Each User organization shall submit information about themselves, documents showing their proper and lawful establishment and constitution.
Newsfeed. Freedom Collaborative has been built to encourage and support the sharing of information and news around the region that is important to the fight against slavery and exploitation. It is an opportunity to learn and exchange about current changes in local and international politics, law, law enforcement practices, standards and practices of victim care, where industries are interest, not interested and should be interested. Ultimately it is a space to share and develop each other’s work, knowledge, perspectives and expertise.
Internal Messaging. We have include a messaging service within the Site so that once a partner has been identified they can be messaged privately.
Use of Research Library. Chab Dai has kindly provided it entire research library online and you may access this easily under the Resources tab.
Other resources. We have included links to other resources that you might already use. First, we have a link to the SKS platform developed by us and this is accessible under the Resources tab and we will be adding links to the Salesforce victim case management platform in due course.
II. YOUR RIGHTS AND OBLIGATIONS
You agree to the following terms and conditions in consideration of the use of the Site, Contents and any and all Services.
E. Applicable Laws and this Agreement
F. Content and Ownership
As a collaborative working space, the majority of the content made available is generated and posted by you, the Users of the Site, AND it is the responsibility of Users to ensure that the Content is not defamatory, indecent, self-promoting and in breach of any data privacy and personal privacy laws.
We consider it to be the responsibility of all Users of the Site to help make the web a safe and trusted place.
Therefore, each User owns and is responsible for the content that s/he posts on our Site, including information that s/he publishes and makes available for other Users to view.
Representations and Warranties. By posting content on our Site, you represent and warrant that:
- you are entitled to submit the content either through public domain or specific rights;
- any and all information is accurate;
- there is no breach of confidentiality; and
- the posting of the information is not in violation of any applicable laws, contractual restrictions or other third party rights.
Your profile, organization details, constitutional and operational documents
It is solely your responsibility to ensure the accuracy of your profile, organizational details, constitutional and operational documents and submitted content and to update that information as appropriate.
License and Use of Content. All of the information that you publish on the Site can be viewed by all other Users both through the Site and via email alerts. This information may also be accessed by individuals not registered on the Site when, for example, they receive information forwarded to them by a User or if you decide make such information visible to all Internet users.
Additionally, with the objective of reaching more people and facilitating connections, you hereby grant SHARE the right to share published information from our Site with other sites with which we have partnerships. Information published on our Site may become public information at the time of its distribution on other sites, via email alerts, RSS feeds, search engines, and other social media tools.
Furthermore, by submitting or posting content on the Site, you agree to provide other users with a Creative Commons Attribution Non-Commercial No-Derivatives 3.0 License governing such content, which is incorporated by reference herein and can be read in full at http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode . You also agree to comply with the terms of this license when using other Users' content. This license permits Users to download and share content from this Site, provided that they properly attribute the work to the author, do not alter it in any way, and do not copy or use the work for commercial purposes.
Finally, SHARE will grant Users the same Creative Commons Non-Commercial No-Derivatives 3.0 license to use any content it may own and that is available on the Site, provided such use is consistent with other provisions of these Terms and Conditions.
User-to-User Communication and Sharing. The Site includes various messaging, forums and blogs where you can send messages directly to another User, post your observations and comments on designated topics. SHARE cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site.
SHARE IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU POST IN ANY FORUMS, BLOGS, AND OTHER SECTIONS OF THE SITE.
Our reporting system allows registered users to report posted content that violates the Site’s mission and purpose and/or Terms and Conditions. To ensure the quality and appropriateness of our site content, SHARE reserves the right to remove any content for any reason, including violations of these Terms and Conditions, this Agreement, or any applicable laws (including laws protecting the safety of others, intellectual property laws, and employment laws).
Our staff receives a notice each time content is reported or "flagged" and that content may be immediately removed from the website. We then determine whether the reported content does in fact violate our mission and purpose and/or our Terms and Conditions, and will take appropriate action to resolve the issue, the nature of such action depending on the particular circumstances at issue. Users who feel that their content has been removed in error may contact us at firstname.lastname@example.org. Under certain conditions, we may, at our discretion (but under no obligation), restore deleted material, or contact the offending user to request changes, amendments, or deletion of their "flagged" content.
You may request that SHARE delete any information or content that you have provided on the Site. However, SHARE has no control over your shared information. Therefore, we are unable to delete any information you have shared with others that they have subsequently copied or stored.
G. As a condition to access and use the Site and Services of Freedom Collaborative, you agree to undertake the following:
- comply with all applicable laws, including without limitation, privacy laws, employment laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- provide accurate information to us and update it as necessary;
- review and comply with these Terms and Conditions;
- review and comply with notices sent by SHARE concerning the Site or Services;
- use the Site, its Content and its Services in a professional manner; and
- help build a world where all people can live free and dignified lives.
H. As a condition to access and use the Site, its Content and Services of Freedom Collaborative, you agree you will not do the following:
- use the Site, its Content or Services for any purpose or in any manner that violates any applicable and relevant law or regulation;
- submit, upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, and/or racially, ethnically, or otherwise offensive;
- submit, upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any "Spam," "Junk Mail," or any other potentially objectionable form of unsolicited communication;
- submit, upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity;
- submit, upload, post, email, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, Social Security numbers, passwords, or other similar information;
- submit, upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities;
- use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Site, its Content or to break into any of its servers; or
- disrupt or interfere (either directly or indirectly, intentionally or unintentionally) with the Site, Content or Services in any manner that may materially adversely affect SHARE, you or any third party;
- collect or store personal data with respect to third parties, except as contemplated by the Terms and Conditions, and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;
- post jobs, volunteer opportunities, internships, or action opportunities that do not provide equal access to individuals or groups, or use exclusionary language on the basis of race, origin, nationality, religion, language, gender, age, sexual orientation, marital status, or physical or mental ability, unless the requirement is a bona fide or essential qualification of the position or opportunity;
- impersonate another person or entity, including without limitation, a representative of SHARE or its officers, directors, employees or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Site or Services;
- attribute any political content, advertisement or endorsement favoring a political party, political organization or political candidate to SHARE or any of its officers, employees, volunteers, or directors.
I. Registration and Security
To use the Services, you must register with the Site and provide certain personal information. You must also establish a password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. It is your responsibility to notify us (by one of the methods listed in Section IX) in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Site, its Content or its Services. SHARE is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You agree to hold harmless and indemnify SHARE and its affiliates, officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any content therein, and (b) any use of the Site or Services that violates the Terms and Conditions.
L. Notify Us of Acts Contrary to this Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you hereby agree to contact us using one of the methods listed in Section IX and to provide us with a comprehensive written explanation of your reasons for your belief. This explanation must be provided at least 30 days before you act contrary to this Agreement. Although we are not obligated to do so, we may consider alternative solutions to the situation.
M. No Resale of Services
You agree to use the Site, its Content and Services solely to accommodate your own needs and not to offer the Site, Content or Services to any third party. You may not use or exploit any portion of the Site, its Content or Services to provide any commercial services to third parties.
N. Right to the Site and Services
ALWAYS PROVIDING you are in compliance with the Terms and Conditions of this Agreement and all applicable laws, SHARE grants you a limited, revocable, nonexclusive, and nonassignable right to access and view the information and use the Content and Services that we provide on our Site.
Any other use of Freedom Collaborative contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. SHARE reserves all rights not expressly granted in this Agreement, including (but not limited to) title, ownership, intellectual property rights, and all other rights and interest in FreedomCollaborative.com and all related items.
III. OUR RIGHTS AND OBLIGATIONS
A. Services Availability
For as long as SHARE provides this Site and its Services, it shall seek to update, improve and expand the Site and its Services. SHARE reserves the right to add to or change the Site and Services offered, including any terms, conditions, and fees associated with the Site and Services; it also reserves the right to cease to offer any or all of the Site and Services at any time. All of these changes shall be effective upon their posting on our Site or by direct communication to you, unless otherwise noted. As a condition of using the Site and Services, you agree that SHARE will not be responsible for any loss of your content or other liability if the Site or any of its Services are modified or discontinued.
SHARE also reserves the right to withhold, remove and/or discard any content available as part of your use status and presence on the Site, with or without notice, if deemed by SHARE to be contrary to this Agreement. We have no obligation to store, maintain or provide you with a copy of any content that you or other Users provided when using the Site or its Services.
B. Disclosure of User Information
C. Connections and Interactions with Other Users
You are solely responsible for your interactions with other Users. We may limit the number of connections you may have to other Users and SHARE may, in certain circumstances, prohibit you from contacting other Users through use of the Site or its Services or otherwise limit your use of the Site and its Services.
SHARE reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend or close your account if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement. Please note that SHARE has no obligation to enforce this right.
A. The Services are Available “AS-IS”
Your access to and use of the Site, Content and any Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We, Liberty Asia, make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from SHARE or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that SHARE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SHARE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARESHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHAREEXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LIBERTY ASIA, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SHARE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SHARE is not involved in the relationship between individual members and organizations. If you have a dispute with another individual or organization, you understand that SHARE is not required to assist you in the dispute. You hereby agree to release SHARE from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of the Site, Content and its Services. You understand that the Site, Content and its Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Site, Content and its Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Site, Content and its Services.
SHARE is also not responsible for the behavior of individuals or organizations outside of the Site, as a part of society. SHARE can only safeguard and seek to assure the good conduct of Users on the Site. Our intervention is limited to provide a space to publish information and thus generate connections.
A. Mutual Rights of Termination
You acknowledge that SHARE may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service; the maximum number and size of postings, messages, or other content that may be transmitted or stored by the Service; and the frequency with which you may access the Service.
SHARE may add to, change, delete, or terminate your use of the Site or Services at any time for any reason without notice to you. SHARE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services. SHARE reserves the right to refuse to offer the Site or Services to anyone at any time without notice.
SHARE additionally reserves the right to remove accounts that have been inactive for a prolonged period of time. We reserve the right to modify these general practices and limits at any time, at our discretion, without notice.
B. Misuse of the Services
SHARE may restrict, suspend or terminate the account of any User who abuses or misuses the Site or Services. Misuse of the Site or Services includes, but is not limited to: abusing the messaging services; creating multiple or false profiles, including misleading representations; using the Site or Services commercially without Liberty Asia's permission; posting inappropriate or illegal content; infringing any intellectual property rights; or behaving in any other way that SHARE, in its sole discretion, deems contrary to its purpose.
VI. GENERAL TERMS
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. Further, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected in any way and shall remain in full force and effect.
C. Amendments to this Agreement
D. No Informal Waivers, Agreements or Representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, only representations, statements, consents, waivers, or other acts or omissions documented in writing and hand-signed by a duly appointed officer of SHARE shall be legally binding on SHARE.
E. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially with 60 days prior notice to you. We may also substitute, by way of unilateral novation (effective upon notice to you), SHARE for any third party that assumes our rights and obligations under this Agreement.
F. Choice of Law
You and SHARE agree that this Agreement and the relationship between you and SHARE will be governed by the laws of Hong Kong SAR without respect to its conflict of laws provisions, and that venue with respect to any dispute between you and SHARE will rest exclusively in the courts of Hong Kong SAR. By using the Site, you also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services, or the Terms and Conditions must be filed within one year after such claim or cause of action arose.
VII. COPYRIGHT ISSUES
All of the content and Services that are owned by SHARE and third parties is protected by applicable and relevant copyright laws. Certain materials are used by permission of their respective owners. Any intellectual property on Freedom Collaborative, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior permission of SHARE, except that such permission shall exist for those Users abiding by the terms of the Creative Commons Attribution Non-Commercial No-Derivatives 3.0 License. Modification or use of content for any other purpose is a violation of the rights of SHARE or any applicable third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of SHARE or of third parties, other than those expressly granted in these Terms and Conditions.
SHARE reserves the right to terminate your use of the Site or Services in appropriate circumstances if you infringe upon the intellectual property rights of any third party
VIII. QUESTIONS AND CONCERNS
Should you have any questions or concerns about the terms of this Agreement, you may contact us at email@example.com
It's important that this be a safe and productive space for everyone, so let's all work together to keep it that way. Here are some things to keep in mind:
We're here to make the world a better place. The mission of Freedom Collaborative is to connect people, organizations, and share information, knowledge and practical resources to fight slavery and support victims where all people can live free and dignified lives. We're excited to be doing this with you.
Participate. Information and knowledge sharing is only as good as you make it. The more you use the site, the more people, resources, and opportunities get connected. Create a personal profile to offer your own experience and expertise and connect with partners.
You're responsible for your corner of Freedom Collaborative. Remember that everything you post is yours. Keep your profile or organization page current, update or remove any thing that is out of date.
Categorize correctly. It's important that everything on Freedom Collaborative be easy to find, so be sure that you're posting your profile, additional supporting materials and news items in the correct category.
If you see something, say something. We can't be everywhere at once, so we rely on our community to report content that doesn't meet our standards. If you see any Content or behaviour unclear, problematic, or breaking our guidelines, click on the red "Report this page" button at the bottom of the page. If you get a message that looks like spam, click to let us know. And feel free to contact us if you see anything else you think we should take a look at.
Reduce Clutter. Cluttering our news feed with duplicate items crowds out other important news and information.
Don't spam. Please don't use Freedom Collaborative to advertise or promote yourself as individuals or your organisation. Please, please, don't be a spamming robot.
What you post is public. What you post publicly on the Site will be visible to other users and may be distributed to other sites, via email alerts, RSS feeds, search results, and other media tools.
We'll remove anything that breaks our rules. We'll remove anything or anyone from our site that we find to be violating our terms and conditions or breaking any of the rules we've set here.
Things change. We're always trying to make things better for you on Freedom Collaborative, so you'll see tweaks to the site from time to time. Always feel free to let us know what you think.