Terms and Conditions of Use
These Terms and Conditions of Use (“Terms and Conditions”) govern each end user’s (“User” or “you”) use of the Counter-Trafficking Data Collaborative located at https://www.ctdatacollaborative.org (“CTDC”), hosted and administered by the International Organization for Migration (“IOM”).
The purpose of CTDC is to improve counter-trafficking policy and programming by strengthening the knowledge base on human trafficking, including on the prevalence, causes, and effects of the crime itself and the actors involved; individuals and communities most at risk of being trafficked; the protection needs and durable solutions for survivors of trafficking; and, the impact of measures to combat the crime and protect victims and individuals and communities most at risk.
The information contained in CTDC has been collected by IOM and other Organizations who contribute their data to CTDC.
- Rights, obligations and responsibilities of Users
Any person who accesses or uses CTDC is a User.
A User is authorized to :
access CTDC and view the materials contained therein, such as the Datasets (= collection of related sets of information, unit-record or aggregated, primarily represented as a table of variables) and Global Datasets (=the combined de-Identified data made available on CTDC by IOM);
download and create material derived from or based upon the materials contained in CTDC, such as Datasets and any other material (=derivative materials). This includes, but is not limited to translated, altered, arranged, used for research and publications, transformed, or otherwise modified materials;
download, store, modify, print and publish the Datasets and Global Datasets contained in CTDC for non-commercial use only, in particular for research and publications, without, inter alia, the right to sell, directly reproduce or redistribute the original datasets.
All materials of CTDC are copyright of IOM, unless otherwise stated.
A User must :
- credit all publication that uses or relies on data from the Datasets or the Global Datasets, including disaggregated, aggregated data or secondary analysis, to CTDC as outlined in section 3 below. All Users must comply with the Terms and Conditions. All rights not expressly granted in this Terms and Conditions are hereby reserved. Accordingly, Users are hereby prohibited from using CTDC in any manner that is not expressly and unambiguously authorized by these Terms and Conditions.
- obtain written consent from IOM prior to reposting, rehosting or copying any information obtained from CTDC that might lead to a duplication of the Global Dataset or one or more of Datasets;
In particular, but not limited, all Users must not :
use CTDC or the information therein contained for any purpose different to the purpose of CTDC as defined in Section 1 of these Terms and Conditions. In particular, Users may not use CTDC for any purpose that may go against the interest of IOM, CTDC or for any illegal or unauthorized purpose. Specifically, Users shall not use CTDC or the information therein contained to promote, endorse, encourage or support Human Trafficking or related actions;
reproduce the raw Global Dataset and datasets on CTDC entirely or partially or published entirely or partially in any form;
modify, manipulate or alter any portion of information of CTDC, including the Datasets and Global Dataset;
use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of CTDC or in any way reproduce or circumvent the navigational structure or presentation of CTDC to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through CTDC;
attempt to gain unauthorized access to any systems or networks connected to CTDC or to any IOM server or to any of the services offered on or through CTDC, by hacking, password "mining," or any other illegitimate or prohibited means;
probe, scan, or test the vulnerability of CTDC or any network connected to CTDC;
reverse look-up, trace, or seek to trace any information on any other User of or visitor to CTDC;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of CTDC or IOM's systems or networks or any systems or networks connected to CTDC or use any device, software, or routine to interfere with the proper working of CTDC or any transaction conducted on CTDC, or with any other person's use of CTDC;
manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to IOM on or through CTDC.
- Intellectual Property
All intellectual property rights as well as other proprietary rights related to CTDC and to materials, information and data on CTDC, including but not limited to, patents, copyrights, and trademarks, shall be vested in IOM, including, without any limitation, the rights to use, reproduce, adapt, publish and distribute any item or part thereof.
IOM grants Users a royalty-free, non-commercial, perpetual, irrevocable, non-exclusive license to use, reproduce, adapt, publish and distribute any item or part thereof for the purpose of CTDC or any related activity for the purpose of improving counter-trafficking policy and programming by strengthening the knowledge base on human trafficking, in accordance with these Terms and Conditions.
When using the materials of CTDC, the User shall, at all times, credit the CTDC as a source, unless explicitly otherwise agreed on by IOM. The User must include the URL of the Datasets and/or Global Datasets used as well as the following credit line:
“Source: Counter-Trafficking Data Collaborative (CTDC), [month, year].”
- IOM’s Name and Logo
IOM’s name and logo as well as the CTDC logo are the exclusive property of IOM. Unauthorized use is prohibited. They may not be copied or reproduced in any way without the prior written permission by IOM.
The information provided in CTDC is provided on an "as is" basis, without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. IOM does not make any warranties or representations as to the appropriateness, quality, timeliness, accuracy or completeness of the information.
The use of CTDC is at the User's sole risk. By using CTDC, the Users agree to defend, indemnify and hold harmless IOM, its employees, and information providers from and against any losses, damages, expenses (including legal fees and costs), claims, suits and liabilities to the extent arising out of or resulting from the use of CTDC.
Neither IOM nor any of its employees accept any responsibility whatsoever for the appropriateness, quality, accuracy, timeliness and completeness of the materials. Further, neither IOM nor any of its employees shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, incompleteness, deletion, defect, failure of performance, computer virus, communication line failure, alteration or use of any content published on CTDC, regardless of cause, or for any damages and loss resulting therefrom.
- Advice, Opinions, and Statements
CTDC may contain advice, opinions, and statements of various information and content providers. IOM does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, any User of CTDC or any other person or entity. Reliance upon any such opinion, advice, statement, or other information shall be at a User's own risk.
- Bugs, Virus, Malicious Code, etc.
While IOM makes every effort to ensure the materials available on CTDC are free of any software virus, it cannot guarantee that the materials are free from any or all software viruses. IOM is not responsible for any loss or damage caused by software and related codes, including viruses and worms.
- Security Measures
CTDC implements a series of technologies and security measures, such as encryption and/or authentication tools, in order to safeguard the information maintained on IOM's systems from misuse, unauthorized access or disclosure, alteration, or loss.
Although IOM applies reasonable means to ensure that the information Users furnish is not used by third parties for purposes other than that for which it was provided, IOM cannot guarantee that unauthorized third parties will never be able to defeat security measures or use the Users’ personal information for improper purposes. Users should be aware that no transmission of information via the internet is ever totally secure. Transmission is therefore at a User’s own risk.
- Messages addressed to IOM or CTDC
IOM attempts to respond to messages directed at the organization. However, IOM is under no obligation whatsoever to respond to any or all such messages.
- Modification of the Terms and Conditions
IOM reserves the right, at its sole discretion, to modify these Terms and Conditions. IOM will post the latest version of the Terms and Condition in CTDC: Terms and Conditions. The most recent Terms and Conditions shall apply and it is the sole responsibility of the Users to review and comply with the current Terms and Conditions whenever accessing or using CTDC.
- Termination, Denying Access
These Terms and Conditions will take effect at the time you agree to it. Your right to use CTCD and any data from CTCD, including Datasets and the Global Dataset, will terminate automatically if you (i) fail to comply with these Terms and Conditions; or (ii) cease all use of CTDC. IOM reserves the right to terminate or suspend the access to any User of CTDC immediately, without prior notice or liability, for any reason. Upon termination, any and all right(s) to use CTDC shall immediately cease and Users must promptly return to IOM or destroy all tangible embodiments of CTDC in their possession or control and provide a certificate to IOM that all traces of the data have been destroyed.
All the provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IOM reserves the right to deny, at its sole discretion, any user access to CTDC or any portion thereof without notice.
- Dispute Resolution
Any dispute, controversy or claim arising out of or in relation to the use of CTDC and these Terms and Conditions thereof, shall be settled amicably by negotiation between the User and IOM (together “the Parties”).
In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.
In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.
The present Terms and Conditions as well as the arbitration clause above shall be governed by the terms of the Terms and Conditions and supplemented by internationally accepted general principles of law for the issues not covered by the Terms and Conditions, to the exclusion of any single national system of law that would defer the Terms and Conditions to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by the Parties. This Article survives the expiration or termination of the Terms and Conditions.
- Entire Agreement
- Privileges and Immunities
Nothing in these Terms and Conditions affects the privileges and immunities enjoyed by IOM as an intergovernmental organization.
If you have any questions about these Terms and Conditions, please contact: firstname.lastname@example.org.