The Terms and Conditions of use of the website
1.1. The operator and owner of the website is ITF Enhancing Human Security, Trg republike 3, 1000 Ljubljana (hereinafter: the ITF)
1.2. The user of the website is an adult person or a legal entity, who uses the website www.itf.si (hereinafter: You)
1.3. The Terms and Conditions of use of the website (hereinafter: the Terms and Conditions) governs rights and obligations between You and the ITF and determines the rules of use of the website www.itf.si (hereinafter: the Site), including the materials and information posted on it, and the functionality of the Site that allows You to make donations, or to use any other functionality offered through the Site and in compliance with these Terms and Conditions.
1.4. By using the Site www.itf.si, You agree to these Terms and Conditions. If You do not agree with the Terms and Conditions, do not use the Site.
1.5. The ITF operates the Site and is subject to the Terms and Conditions and any additional guidelines, rules, terms and conditions, or limitations applicable to specific components of the Site (hereinafter: the Supplementary Term), each of which is incorporated by reference herein.
2.1. This Site allows You to that permits you to make donations.
2.2. MAKING DONATIONS:
2.2.1. Donation can be made by every adult person or a legal entity.
2.2.2. If You are an individual accepting the Terms and Conditions on behalf of an agency or entity, You acknowledge under liability that you have the legal right to accept the Terms and Conditions on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.
2.2.3. To make a donation select the tab »DONATION«. You must fill out all required fields (name, surname or company name, address, valid e-mail address, tax code, donation amount, tax identification number), which are marked with an asterisk (*) and indicate that you agree to these Terms and Conditions. By clicking on the »DONATE« button You will be redirected to a secure website, where you will select and fill out the form of payment (with credit cards or with PayPal). By confirming the payment method and the payment the website will display a confirmation that the donation has been made: »Your donation has been successful!«.
2.2.4. By making the payment You acknowledge and agree that You are at least eighteen years of age, legally competent, and that You are entering into a legally binding contract with the ITF governing Your use of the Site, which includes the Terms and Conditions. The contract of donation between You and the ITF has been concluded.
2.2.5. After the execution of the donation You will receive an email, confirming that your donation has been sent and all data regarding the donation.
2.2.6. After the ITF receives your donated funds, you will receive a confirmation of the made donation with details of the donation.
2.2.6. Other provisions regarding making donations:
18.104.22.168. By making a donation You acknowledge and agree:
- that You provided accurate and truthful information, and that you will promptly update this information to reflect any changes;
- that You have all rights in the information necessary to provide it to the ITF;
- that any information submitted is subject to the "Personal Information" terms as specified in Section 3.;
- that the ITF retains control over the donated funds. In the event that (i) a project is retired or fully funded or (ii) the ITF receives a check payable to ITF Enhancing Human Security without reference to a specific project or campaign, the donated funds will be allocated to another project based on the discretion of the ITF;
- that the ITF holds the right to retain up to 5% of received donations as an administrative fee;
- that the ITF will not be liable for any loss or damage arising from your failure to comply with this section;
- that a printed version of the Terms and Conditions and/or any electronic communication from the ITF shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22.214.171.124. If You are accepting the Terms and Conditions as a representative on behalf of an agency or other entity, You acknowledge under liability that you have the rights to submit the registration information on behalf of that agency or other entity.
126.96.36.199. Furthermore, you acknowledge and agree that under no circumstances will the ITF be liable for any loss or damage caused by:
- your reliance on user-posted Profile; or
- use or misuse by any Site user or third party of any user content that you post in connection with your Profile in connection with your use of the Site.
3. PERSONAL INFORMATION
4. RULES OF CONDUCT
4.1. Your use of the Site is expressly conditioned on your responsible and lawful use of the Site.
4.1.1. You acknowledge and agree that:
- Your use of the Site is conditioned on your compliance with the Terms and Conditions and all applicable laws, rules, and regulations, including without limitation, Slovenian export controls, embargoes or other rules and regulations restricting exports;
- any information You provide in connection with your use of the Site must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly;
4.1.2. You agree that You will not post, transmit, distribute, publish, use, or otherwise make available in connection with the Site:
- Anything that is or may be:
- threatening, harassing, degrading, hateful or intimidating;
- fraudulent or tortuous;
- obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by the ITF in its sole discretion;
- Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;
- Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;
- Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may:
- harm the ITF or invade, harm, disrupt or hijack the operation of the Site;
- mislead or harm any third party;
- monitor access to or use of the Site by others;
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation.
4.1.3. You agree that you will not use the Site to:
- Engage in fraudulent or unlawful activities of any kind;
- Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that the ITF or any Site user endorses any statement you make;
- Interfere with or disrupt the operation of the Site or any servers, hardware, or software used in connection with the Site;
- Transfer or copy any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum;
- Restrict or inhibit any other person from using the Site.
4.1.4. You agree that you will not, without express written consent of the ITF:
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with the ITF, any element of the Site, including any information or materials made available on or through the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;
- Frame or mirror any element of the Site;
- Systematically download Site content to create a separate database;
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," "harvest" or in any way gather Site content, or reproduce or circumvent its navigational structure or presentation;
- Advertise, promote, market, or offer to sell or buy any goods or services on or through the Site;
- Use the Site to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.
5.1. Subject to Your compliance with the Terms and Conditions (including, but not limited to, Section 4.), the ITF hereby grants to You a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use.
5.2. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation.
5.3. Any other use of the Site or content and information is strictly prohibited. The ITF and its licensors reserve all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).
6.1. You acknowledge and agree that the ITF may, in its sole discretion, but has no obligation to:
- monitor any user-posted information or content;
- post, alter, remove, or refuse to post any user-provided content (including Submissions); and/or
- disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in the ITF's sole discretion:
- to operate the Site; protect the rights and properties of the ITF and third parties;
- to comply with legal obligations or governmental requests;
- to enforce this Agreement; and/or
- for any other legitimate reason or purpose.
6.2. Without limiting the foregoing, you acknowledge and agree that the ITF is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, the ITF may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site.
6.3. However, the ITF cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, the ITF shall not assume any liability for user content or third-party conduct, communication or information on the Site.
6.4. The ITF can and will refuse to publish a post or a donation solicitation, if the content is inappropriate, if the content results from any incitement to national, racial, religious or other discrimination and the inflaming of national, racial, religious or other hatred and intolerance. The decision to refuse such publication is the discretion right of the ITF and it is final.
7. PROPERTY RIGHTS:
7.1. The Site and other information or materials made available through or used in connection with providing the Site are and shall remain the property of the ITF and its licensors (including Site users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
7.2. Except as expressly provided herein or permitted or otherwise authorized in advance by the ITF in writing, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any element of the Site, including without limitation the Site itself or any Site content, or other materials made available through the Site.
7.3. Trade names, trademarks and service marks of the ITF or its licensors include without limitation, the ITF Enhancing Human Security, and any associated logos. All trademarks and service marks on the Site not owned by the ITF are the property of their respective owners. The trade names, trademarks and service marks owned by the ITF, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the ITF trade names, trademarks or service marks without our express prior written consent.
8. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES:
8.1. THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. THE ITF DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
8.2. THE ITF WILL ALLOCATE THE DONATED FUNDS FOR PURPOSES ILLUSTRATED IN THE DONATE CALL TO ACTION, BASED ON THE NEEDS WITHIN THE ITF PROJECT FOR WHICH THE DONATE CALL WAS MADE. THE ITF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY'S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE ITF FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
8.3. THE ITF DOES NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
9.1. You agree to defend, indemnify and hold harmless the ITF and its respective successors, donators, employees, officers, directors, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorney fees) arising out of:
- your use of, or activities in connection with, the Site;
- any violation of the Terms and Conditions by You or anyone using your User ID;
- your violation of any rights of any other person or entity while using the Site; or
- information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Site.
10.1. The ITF, in its sole discretion, may terminate your access to or use of the Site and/or Services, at any time and for any reason or no reason, including if the ITF believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease.
10.2. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that the ITF may immediately delete all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files.
10.3. You agree that the ITF shall not be liable to you or any third party for terminating of your access to or use of the Site. Nor shall the ITF have any obligation to make information or files associated with the Site available to you after any such termination.
11. GOVERNING LAW AND JURISDICTION:
11.1. The Terms and Conditions and all agreements concluded between You and the ITF is governed by and shall be construed in accordance with the laws the Republic of Slovenia, without regards to its principles of conflicts of law.
11.2. You agree to exclusive jurisdiction by courts located in the Republic of Slovenia, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding this, you agree that the ITF may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
11.3. The Site is hosted and operated in, and made available from the Republic of Slovenia. The ITF does not represent or warrant that the Site or any element thereof is appropriate, available, or legal for use in any jurisdiction other than the Republic of Slovenia. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. The ITF can limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
12. CLAIMS OF COPYRIGHT INFINGEMENT:
12.1. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send the ITF a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, Copyright permits allow you to send the ITF a counter-notice. Notices and counter-notices should be sent to: Site and/or Services Site Administrator, the ITF.
13.1. The Terms and Conditions does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and the ITF.
13.2. If any provision of the Terms and Conditions is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
13.3. You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms and Conditions without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
13.4. This, together with all policies referred to herein, is the Terms and Conditions and all Agreements between You and the ITF relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and the ITF relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion. The ITF will not be responsible for failures to fulfil any obligations due to causes beyond its control.
14. CONTACT US:
14.1. If you have any questions regarding the meaning of the Terms and Conditions, please send an e-mail to info at-no-spam itf dot-no-spam si.
14.2. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
15. USE AND PROTECTION OF PERSONAL DATA:
15.1. You acknowledge and agree, that all collected personal data is maintained and processed in accordance with the law on personal data protection. The ITF ensures the protection of personal data in accordance with the law.
15.2. The ITF will use the collected personal data according to the Terms and Conditions.
15.3. The ITF will ensure the protection of personal data in accordance with the Law on protection of the personal data and the Law on electronic communications.
15.4. You acknowledge and agree, that the ITF establishes, manages and maintains the personal data (name and surname or company name, address of residence, email address, tax identification number), which was collected in accordance with these Terms and Conditions which are published on the website: www.itf.si.
15.5. During the management of personal data, You have the option to view, transcribe, copy, supplement, correct, block and/or erase personal information in a database in accordance with applicable laws. You can at any time request that the ITF permanently or temporarily discontinues the use of your personal information within 15 days.
15.6. The personal data will be kept for the time set in the law regarding protection of personal data.
15.7. All the tax identification numbers will be kept for 10 years from the donation or for the extent required under the tax legislation.
15.8. After the conservation period of personal data, the ITF will erase the personal data.
15.9. The ITF must upon your request:
- confirm whether personal data relating to You is being processed or not;
- allow access to your personal data;
- provide the display of your personal data;
- give information on the methods of processing and maintenance of the personal data;
- delete personal data from the database.
16. BUSINESS TRANSFERS:
16.1. The ITF may sell, transfer or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
17. RESOLVING COMPLAINTS:
17.1. For any questions that are not covered by these Terms and Conditions, the ITF will give the formal explanation. The explanation by the ITF is final and cannot be disputed.
17.2. All complaints are resolved by the ITF.
18.1. The ITF reserves the right to modify the Terms and Conditions in its sole discretion by posting an announcement of such changes on the Site, along with the revised Terms and Conditions marked to show the date of last revision.
18.2. By continuing to use the Site after such changes are posted, You acknowledge and agree to be bound by the Terms and Conditions as modified.
19. MODIFICATION, SUSPENSION AND/OR CANCELLATION:
19.1. The ITF reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that the ITF shall not be liable to you or to any third party for any such actions.
20. PUBLICATION AND THE VALIDITY OF THE TERMS AND CONDITIONS:
20.1. These Terms and Conditions enter into force on the date of publication. The Terms and Conditions are published on the Site: www.itf.si.
Ig, June 13, 2017
ITF Enhancing Human Security