PLEASE READ THIS DOCUMENT CAREFULLY. This is a legal agreement between you (“user”) and eyeWitness, trading as eyeWitness to Atrocities (“eyeWitness”). eyeWitness is a company limited by guarantee, incorporated in England and Wales (registration number 08703983) with a registered office at 26 York Street, London, W1U 6PZ, and also a registered charity (registered number 1156242). eyeWitness is regulated by the Charities Commission.
BY DOWNLOADING, ACCESSING AND/OR USING THE EYEWITNESS TO ATROCITIES APP (“APP”), THE USER CONFIRMS THAT HE/SHE ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS AND ACKNOWLEDGES THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN EYEWITNESS AND THE USER (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF THE USER IS ACTING). IF THE USER IS ACTING ON BEHALF OF ANY ORGANISATION, THE USER CONFIRMS THAT HE/SHE HAS THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF THE USER (OR, IF RELEVANT, HIS/HER ORGANISATION) DOES NOT AGREE TO ALL OF THESE TERMS (OR IF THE USER DOES NOT HAVE THE RIGHT TO BIND HIS/HER ORGANISATION), THE USER IS NOT PERMITTED TO ACCESS OR USE THE APP, AND SHOULD NOT CLICK TO ACCEPT THESE TERMS AND SHOULD NOT PROCEED FURTHER.
Purpose and Use of the App
The purpose of the App, which is provided by eyeWitness, is to record photos, videos and/or audio recordings (“images/recordings”) relating to international atrocity crimes, specifically war crimes, genocide, crimes against humanity, and torture. These images/recordings may, if submitted to eyeWitness, be used to promote accountability for these crimes, for example by raising awareness or as evidence in investigations or trials.
IMPORTANT: The user should always be aware of the risks involved in collecting images/recordings of this type, exercise extreme caution at all times and take all available precautions, including foregoing collection or deleting the App, if necessary. THE USER SHOULD NEVER PUT HIM/HERSELF IN A SITUATION WHERE USING OR POSSESSING THE APP MAY PLACE HIM/HER OR ANYONE ELSE AT RISK OF HARM. Although, the App has features intended to help protect the user and the images/recordings collected, the App does not guarantee the safety of the user or any other individual appearing in the images/recordings. Although the App and its contents are disguised, they may be detectable if the user’s mobile device is confiscated and analysed. The user should be familiar with all security features of the App before using it.
The user may only use the App for lawful purposes, and must not use the App to engage in or facilitate any illegal activity.
The user must comply with all laws and regulations, including those relating to capture, use and sharing of images/recordings, applicable in the location when he/she uses the App.
The App should not be used to collect images/recordings of ordinary crimes. Victims of or witnesses to an ordinary crime should report it to the relevant law enforcement authorities. eyeWitness retains the right to block submissions from users who use the App to capture images/recordings outside the purpose of the App.
The user may use the App only for non-commercial purposes and only in accordance with this agreement (and in accordance with any applicable terms of any relevant third party service provider for the device to which the user downloads, or on which it accesses or uses, the App.
The user is assumed to have obtained permission from the owner of any device that is controlled, but not owned, by the user to download the App to that device. The user accepts responsibility, in accordance with this agreement, for all access to, and use of, the App by the user on any device, whether or not it is owned by the user.
The user acknowledges that the mobile service provider for the device to which the user downloads, or on which the user accesses or uses, the App may charge for internet access (including mobile data usage) on that device.
eyeWitness does not guarantee the continuous, uninterrupted or error-free operability of the App.
eyeWitness reserves the right to change the design, features and/or functionality of the App by making the updated App available for download. The user is not obliged to download any updated App but, in some circumstances, the user may not be able to continue using the App until he/she has downloaded the updated version.
Disclosure and Use of User Content
By submitting images/recordings or any other material (collectively, “User Content”) to eyeWitness using the in-App functionality, the user confirms that he/she has all necessary rights to do so, and grants eyeWitness and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, publish, distribute, perform and display such User Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media or technology, and the user waives any moral rights he/she may have in, or to be identified as the author, of such User Content.
Without limiting the generality of the foregoing, eyeWitness may disclose any submitted User Content to relevant legal or investigative personnel in connection with a perceived crime. Additionally, eyeWitness retains the right to disclose User Content and accompanying metadata to media outlets, human rights organizations, or other relevant organizations when eyeWitness deems the disclosure may promote accountability. When disclosing User Content, eyeWitness will take any measures it deems necessary to protect the identity of the user and any other individual appearing in the images/recordings, in accordance with eyeWitness’ Privacy and Cookies Policy.
The user must ensure that the User Content he/she submits does not contain any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, knowingly false or misleading, or that does not comply with all applicable laws and regulations.
Use of the user’s personal data collected or submitted via the App is governed by eyeWitness’ Privacy and Cookies Policy.
User Ownership of Images/Recordings
The user retains full ownership of the User Content he/she submits, including the right to keep a copy of any or all images/recordings he/she captures by saving them to the gallery on the user’s mobile device after the data has been transmitted to eyeWitness. The user copy will not have any metadata attached nor will it be encrypted.
Relationship of Parties
This agreement does not signify any agency, partnership, employment or consultancy relationship between the user and eyeWitness. eyeWitness is not commissioning the user to produce any User Content (including obtaining images/recordings) or conduct any other reporting or investigative activities.
All intellectual property rights, including but not limited to copyright, in and to the App and its code, and any copies thereof, are owned by eyeWitness or its licensors.
Except to the extent expressly set out in this agreement, the user is not allowed to:
- republish, redistribute or re-transmit the App;
- copy or store the App other than for use as permitted by this agreement and as may occur incidentally in the normal course of use of the user’s mobile device;
- store the App on a server or other storage device connected to a network;
- remove or change any content of the App (other than images/recordings) or attempt to circumvent security or interfere with the proper working of the App or any servers on which it is hosted; or
- otherwise do anything that it is not expressly permitted by this agreement.
This agreement will terminate automatically upon the user breaching any of its terms or upon deleting the App from his/her device, but the following sections shall survive termination: section 2 (Disclosure and Use of Images/Recordings), section 4 (User Ownership of Images/Recordings), section 6 (Intellectual Property), section 8 (eyeWitness’ liability) and section 9 (Dispute Resolution).
To the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.
Nothing in this agreement shall limit or exclude eyeWitness’ liability:
- for death or personal injury caused by eyeWitness’ negligence;
- for fraudulent misrepresentation; or
- for any other liability that may not, under applicable law, be limited or excluded.
Subject to this, if the user is a consumer and not a business user, in no event shall eyeWitness be liable for any business losses, and if the user is a business user, in no event shall eyeWitness be liable for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability eyeWitness does have for losses the user suffers is strictly limited to losses that were reasonably foreseeable.
This agreement shall be governed and construed under English law and each of the parties agrees any disputes that may arise out of or in connection with this agreement may be dealt with by the English courts, provided that, if the user lives in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute may be dealt with by the courts there.
The user may not transfer or assign any or all of his/her rights or obligations under this agreement.
If eyeWitness fails to enforce any of its rights, that does not result in a waiver of that right.
If any provision of this agreement is found to be unenforceable, all other provisions shall remain unaffected.
The terms of this agreement may not be varied except with eyeWitness’ express written consent.
This agreement represents the entire agreement between the parties in relation to its subject matter. eyeWitness is required by law to advise that this agreement may be concluded in the English language only and that no public filing requirements apply.
Any questions about this agreement or its subject matter should be submitted by email to firstname.lastname@example.org or at:
eyeWitness to Atrocities
26 York Street,
Tel: +44 (0)20 7842 0090
Fax:+44 (0)20 7842 0091