1. The Project has been organized by the Charity Organization ‘Babyn Yar Holocaust Memorial Charity Fund’ (hereinafter referred to as the Fund). The Project is an open-term one.
2. The Project is organized and implemented within the framework of implementation of the documentary online project ‘Rozmova’ (‘A Conversation’) and its key objectives on the terms set out in the Project description and in the present rules.
3. The Project aims to create a video collection of the stories told by contemporary Ukrainians as well as to unite them into a community for exchanging ideas and views of the past, present and future. The videos will help to create different-format and different-genre exposition projects for the Fund’s online platform and for the future physical memorial. The work with the video collection does not envisage re-interpretation of the sense of what is said by the project participants. Video fragments can be used for promotion material production.
4. Every Ukrainian who has come of age may become a Project participant. Every individual getting registered for participation via a special form on the website confirms his/her consent to participation in the Project that will be implemented in accordance with the above and below rules.
5. An individual whose interview is placed on the Fund’s website becomes a Project participant.
6. After the interview the procedure for which is described on the website within the section ‘Description of the ‘Rozmova’ (‘A Conversation’) Project’ is recorded, the video materials will be moderated by the Fund’s representatives for the sake of ensuring compliance with the requirements of the Ukrainian legislation and the Project rules and not limiting human right to publicly express opinions that do not run counter to the legislation.
7. In particular, the Fund cannot allow placement on the website on the official Project page of an interview containing information that foments or propagates hatred and enmity, calls for or propagates war or violence, is of discriminatory nature and/or contains information and/or images infringing human rights, ethical, humanistic, moral norms, ignoring decencies, containing products, trade marks, names of any third persons as well as violating other requirements of the Ukrainian legislation.
8. If you have sent us an interview and have not found it on the website, that may well mean the following: either the number of interviews does not allow us to quickly moderate them and it is necessary to wait, or your interview contains the signs of violation of the norms of the Ukrainian legislation or the present rules.
9. Taking into account the fact that the participant independently answers the questions, selects the place, clothes and image, and other things in which (s)he has the interview recorded, we will ask you to treat this process in a responsible manner. Unfortunately, limited technical and temporal possibilities do not enable to edit or change the content of the interview upon the participant’s request after it is recorded. Also, we cannot ensure removal of your interview upon your request after it is sent and/or placed. For the same reasons we ask you not to invite any minor children, other members of your family or any third persons to participate in your video, and we ask you not to use audio- or video materials which do not belong to you.
10. We urge you to be responsible about the content of your statements. If they are not reliable or if they are of offensive or deceitful nature, this leading to the infringement of the rights of the third persons or the Ukrainian legislation, that will be your personal responsibility.
11.Taking part in the Project, you and every individual who has shared his/her story carries out his/her charitable activity through free-of-charge (as a donation) provision of the Fund with all (in full scope) exclusive intellectual property rights to the interview and gives permission to the use of personal non-proprietary rights to the interview without any limitation in terms of the period, territory and ways of usage. At the same time, the Fund will ensure the use of each participant’s interview placed on the website babynyar.org (hereinafter referred to as the Website) in different ways, but exclusively for the sake of implementation of the Project, in particular, for its promotion or implementation of the Fund’s charity activity objectives. The goal of usage constitutes the only limitation as far as the way of using intellectual property – interview – is concerned.
12. The Fund acquires the right to change the integrity of the interview of each participant through processing, in particular, changing the form, creating derivative pieces using the content, translating, at the same time guaranteeing that the content of this or that statement of the participant and the interviewer is not distorted.
13. The content of the interview will be analyzed for the sake of determining its key topics that will be tagged (marked as sense categories). They enable to make selections of interviews on the website by the key senses, characteristics and words.
14. The data you will provide during registration via the website form for interview holding may further be used for creating your profile on the website, which, in particular, will enable you, other participants and site visitors to send personal messages. If you don’t want to get such messages via your profile, put the respective tick in the profile via the website. Bear it in mind that you are responsible for the content of your correspondence in your profile and for your actions on the website yourself; never give the password for your user account to any third persons.
15. Indicating your personal data in the interview and in your profile, use reliable information. It will help to make analysis of the interview and the Project in general reliable and representative. Providing unreliable information, you undertake the responsibility for possible violations of the law or the rights of third persons due to such violations.
16. Giving your interview and information on the website, you confirm your consent to the Fund to their collection, use, including, but not limited to, your surname, name, profession, age, education; to the processing and preservation by the Fund and/or contractors engaged by it. At the same time, we assure you that the Fund will not disclose your phone numbers and residence address, even if you indicate them. But we ask you to keep from disclosing such information, and also the Fund does not ask for and does not collect any payment information or passport data or other official documents.
17. Giving your interview, getting registered via the form placed on the website, in particular, through registration in social media, or by sending video materials, you confirm your consent to video recording of your interview using your name and image. The Fund will not hide or change your name and image, due to the purposes of ensuring reliability of the information received from you.
18. In case you send any additional materials, video or audio to the address indicated on the website, the Fund may use them following the same procedure and in the same scope as set for the interview in the present rules.
19. In case you have decided to become an interviewer and to shoot a video on your own, please, make sure that the person you are interviewing is familiarized with the present rules and Project description and is ready to follow them as a participant. To confirm this, ask this person at the beginning of the video to produce the text with the following message: ‘I am giving this interview within the documentary online project ‘Rozmova’(‘A Conversation’) for the Charity Organization ‘Babyn Yar Holocaust Memorial Charity Fund’.
20. If you have decided to become an interviewer, by sending the video record of the interview to the address and/or following the procedure mentioned on the website, you carry out your charitable activity through free-of-charge provision of the Fund with all (in full scope) exclusive intellectual property rights to the interview and give the permission to the use of personal non- proprietary rights to the interview, your name and image without any limitation in terms of the period, territory and ways of usage. For business accounting purposes, the interviewer and the Fund have agreed on the cost of rights mentioned in the present paragraph, it making up 120.00 UAH (one hundred twenty hryvnias zero kopecks). To avoid any misunderstanding, a participant shall not make any payments in the Fund’s favour, the only form of charitable donation is transfer of exclusive intellectual property rights to the interview where you are involved as an interviewer. Besides that, the Fund will ensure using the interview that will be placed on the website in different ways, but only for the sake of the Project implementation, in particular, its promotion, or implementation of the goals of the Fund’s charitable activity. The goal of usage constitutes the only limitation as far as the way of using intellectual property – interview – is concerned.
21. A participant or other persons taking part in the interview are creating the Project together with the Fund with their participation and transfer of intellectual property rights to the interview, and the relations established between the Fund and the participants taking part in the interview and/or the Project shall be bound by obligations, and unilateral refusal to perform the commitments under the agreement the core provisions of which are set out in the Rules shall not be allowed.
22. The Fund may make any amendments and/or addenda in the present rules, ensuring at the same time that they do not run counter to the goal of the Project. The present rules, the same as amendments made in them, take effect starting with the date they are placed on the website babynyar.org.
© BYHMC 2020