I. Overview
We are pleased that you are using the websites of Shift Project Ltd. (“Shift”, “we” or “us”). We hope that they provide you with useful resources and information about our organization. These Terms of Use apply to and set forth the terms and conditions that govern your access to and use of the shiftproject.org website, businessrespecthumanrights.org website, valuingrespect.org website, ungpreporting.org website (the product of a collaboration between Shift and Mazars LLP) and any of our other sites that link to these Terms of Use that we operate (the “Sites”) and the content, data or materials contained therein (the “Materials”). By using the Sites, you agree to these Terms of Use, and also to our Privacy Policy, which is incorporated into these Terms of Use.
From time to time, we may revise these Terms of Use. If you use the Sites after the date of any revision (the date of the most recent revision is indicated by the date above), you will be accepting the Terms of Use as revised. We encourage you to regularly review these Terms of Use for updates.
II. Your Use of Our Sites
You may use the Sites and the Materials for your organization’s or your own personal use. That means you can use them to access information about Shift’s activities, publications and other resources on businesses and human rights and to engage with us via our message submission form on our Contact page. You may redistribute them for any non-commercial purpose, provided that, in all cases, you appropriately credit Shift as the source of the information and provide a link to the applicable Shift Site, for example, as follows “This [report/graphic/image/quote] was developed by and is copyrighted by Shift Project, Ltd. (http://www.shiftproject.org).” You cannot, however, use them in a manner that violates any applicable law or regulation.
In addition, you may not:
- access or use, or attempt to access or use, the Sites or the Materials to take any action that could harm Shift or any third party or interfere with the operation of the Sites;
- use the Sites or the Materials with any device or software that could disable or impair the Sites;
- use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Sites or the Materials, or otherwise access or collect the Materials or data or information from the Sites using automated means;
- cache or archive the Sites or the Materials (except for a public search engine’s use of spiders for creating search indices);
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;
- attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Sites or the Materials; and
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or violates or threatens our system or network security.
You agree to abide by all additional restrictions displayed on the Sites, as they may be updated from time to time.
III. Links to Other Websites
Our Sites contain links to, and may be linked from, third-party websites that we do not maintain (for example, social media platforms such as Twitter, Vimeo or LinkedIn and websites of our funders or other organizations with which we collaborate). We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Sites to other websites, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.
IV. Site Security
We do not guarantee that the Sites will be secure. You should be aware that there is always risk involved in transmitting information over the internet. Additionally, there also is some risk our security systems, or the security systems of third parties with whom we work, could be circumvented or breached. Your use of the Sites is at your own risk.
V. Our Intellectual Property
SHIFT, SHIFT PROJECT and other marks displayed on the Sites are trademarks owned by, or licensed to, Shift. All of the other Materials on the Sites – including photos, publications and databases – are owned by, or licensed to, Shift. You may not use such trademarks, or any of the Materials, in any manner that could indicate you own the trademarks, or those Materials, or that they are associated with you or anyone other than the applicable owner.
On the terms and subject to the conditions set forth in these Terms of Use, Shift grants you a non-exclusive, non-transferable, limited right to access, display, download and print the Materials from the Sites for your or your organization’s own non-commercial use. The foregoing limited license is subject to the following restrictions: (1) you may not remove any copyright, trademark or other proprietary notices contained on copies made of the Materials under the license; (2) you may not alter or modify the Materials in any way (other than to truncate or excerpt text of the Materials for your own use) or prepare derivative works of the Materials for any purpose; and (3) you may not reproduce, publicly display, perform, distribute, or otherwise use the Materials (or any truncated or excerpted text therefrom) for any purpose other than as permitted above.
You agree to comply with all copyright laws worldwide in your use of the Sites of the Materials. Except as set out above, Shift does not grant you or any other person any express or implied rights under any patents, trademarks, copyrights, trade secrets or other intellectual property.
VI. Disclaimers
WE PROVIDE OUR SITES AND ALL OF THE MATERIALS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SITES OR THE MATERIALS. WE DO NOT WARRANT THAT WE WILL MONITOR ANY MATERIALS ON THE SITES FOR ACCURACY, CURRENCY OR ERRORS, THAT ANY OF THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT WE WILL UPDATE THE SITES OR THE MATERIALS, THAT THE SITES WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT THE SITES ARE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS
VII. Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITES OR THE MATERIALS. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.
VIII. Indemnification
You agree to indemnify, defend and hold harmless Shift and its affiliates, and their officers, directors, members, partners, volunteers, employees, representatives, licensors and agents, from and against all losses, injuries, claims, liabilities or damages, including attorneys’ fees, that result from or relate to your use of the Sites and any violation of these Terms of Use and our Privacy Policy.
IX. Compliance with Law
ACCESS TO THE SITES FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SITES AND USE OF THE MATERIALS.
X. Governing Law
These Terms of Use are governed by the laws of the State of New York, without regard to its choice of law provisions. Any claim or dispute against us with respect to these Terms of Use, your use of the Sites or the Materials or otherwise shall be brought exclusively in the courts of the State of New York, New York County, New York, or in the United States District Court for the Southern District of New York, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH ACTION.
XI. Contact Us
If you have questions or concerns regarding these Terms of Use, contact us at info [at] shiftproject [dot] org.
