TERMS OF USE OF THE SITE

1. TERMINOLOGY

The Foundation is the Charity Organization “Babyn Yar Holocaust Memorial Charity Foundation” is aimed at creating a museum, scientific and educational complex on the territory of Babyn Yar ravine in Kyiv city – Babyn Yar Holocaust Memorial Center, whose mission is to adequately commemorate and perpetuate the memory of the victims of the tragedy of Babyn Yar and promote the humanization of mankind through the memory preservation and study of the history of the Holocaust.
The Website is the multimedia online platform created for hosting, systematization and dissemination of online projects of the Foundation, posting information about the Foundation and conducting a dialogue with visitors. The Website is the property of the Foundation.
The User is an individual using the Website. After signing up, the User gains an extended access to the Materials, including the ability to leave comments and make publications.
The Moderator is a representative of the Foundation who monitors compliance with the terms of use of the Website, administers and checks comments and publications made by the Users on the Website.
The Materials are audiovisual works, photographs, information from archives, books, analytical materials and all other materials posted on the Website.
Personal data of the User are any information provided by the User that can be used to identify him or her.
The User gives the Foundation and its related parties the consent to collection, processing, storage and usage of their personal data for the purposes of the use of the Website and registration on the Website, as well as to inclusion of such information in special databases on users created by the Foundation.
Legitimate interests are processing of personal data of the Users performed by the Foundation or any third party authorised by the Foundation, if these interests do not prevail over the rights and interests of the User.
Legitimate interests include the following:

Acquisition of information on the User’s behaviour on the Website;
Development and improvement of the Website services;
An interest making it possible for the Website to refine, configure or change services and communications;
Measurement of the effectiveness of the Website’s marketing campaigns;
Data security improvement.
Legitimate interests are in effect only if they do not prevail over the rights and interests of the User.

2. INFORMATION ABOUT THE FOUNDATION

The mission of the Foundation is wide dissemination of information about the World War II, the Holocaust and Babyn Yar tragedy that can inspire and attract researchers, scientists, pupils, students and other visitors to our online platform and become a source of knowledge.
For more than three years, our researchers have been collecting books, photographs, archival materials and references to them in open sources; they have become part of our online collections, which you can explore on our online platform.
The Foundation is a nonprofit organization, so the use of materials provided on our online platform is completely free.
We are sincerely grateful to all our partners information about whom will be provided later on our Website in the relevant section, who helped us to create our online collection, and encourage you to share with us the materials related to the World War II, the Holocaust and the Babyn Yar tragedy.
The Website is designed to provide information about the Foundation, its activities and team, as well as for the purposes of education, training and private research; it is here where you can familiarize yourself with the materials of the collection and to study them. We ask that you do not download the materials to your PC and do not copy or use the Website or its specific elements for other purposes. If you intend to use collection materials outside of our Website, you should be aware of copyright and other restrictions.
We hereby inform you that if you follow an external link, we bear no liability for the accuracy or legality of the external source and its content. If you have any questions about the content of an external website, please contact its representatives.
On the Website, the User will be able to get acquainted with the statutory documents of the Foundation, its reports, information about the Foundation, information about the activities and goals of the Foundation, the Foundation’s team and personal data of its members, as well as with videos and other intellectual property of the Foundation. At the moment, the Website is being launched and tested, so not all the Materials we have planned to post are yet available; with time, the Materials will be added, and access to them will be opened.
The User is not entitled to use personal information of the Foundation’s employees, videos with the participation of the Foundation’s employees posted on the Website, which includes copying, distributing, downloading to the User’s device, etc., for any purpose other than that of copying and posting hyperlinks to the Website page containing such information.

3. GENERAL PROVISIONS

The provisions of these Rules apply to all the Users of the Website, regardless of the purposes for which they use the Website.
The User guarantees that when using the Website he or she does not and will not perform any actions aimed at bypassing the technical means of protection against unauthorized use of the Website, viewing/listening or copying the Materials, as well as any other actions aimed at changing the functional characteristics or destabilizing operation of the Website.
The User should sign up to get access to the Website. The User guarantees the validity and accuracy of the data specified during registration, and the Foundation does not verify the information provided by the latter, and the responsibility for violating the terms of this provision shall rest with the User.
By using the Website or any of its services, the User gives his or her unconditional agreement with all the provisions of these Rules. If the User does not agree with any of the terms of the Rules, the User is obliged to discontinue use of the Website, and the Foundation is entitled to restrict access to the Website for this User.
The Foundation has the right to moderate all materials posted on the Website by the Users, i.e. to monitor the content of these materials and, if necessary, to delete or move them at its discretion without warning and detailed explanation of the reasons of such an action. The Foundation assumes no responsibility for any consequences of actions performed within the moderation procedure.
The User agrees that the Foundation has the right to restrict or block access to the Website for the User at its sole discretion and without prior or subsequent notification of the User and explanation of the reasons, or take any other measures against the User who has violated the terms of these Rules, or the current statutory provisions, or the rights of third parties protected by law upon receipt of a grounded complaint from such a party.
The Foundation has the right to take any measures that do not contradict current legislation in order to prevent unauthorized access to the Website, destabilization of the Website and other actions able to violate rights and legitimate interests of the Website, the Foundation and/or holders of rights for the Materials.
It is prohibited to use the Website to upload, publish, share or stream any content that is illegal, offensive, threatening, harmful, obscene, abusive, defamatory, etc.
It is prohibited to perform any activities on the Website that can distribute any computer viruses, malware or other programs, files or codes designed to interrupt, destroy, get access to or restrict the functionality of any computer software or hardware or telecommunication equipment.
It is prohibited to distribute, publish, share or broadcast on the Website or through the Website any content or other materials that represent or contain any unsolicited advertisement, promotional materials, surveys, spam, unsolicited mail or other unsolicited mass or duplicate messages.
You may not use the Website for any purpose other than personal non-commercial use without obtaining a prior written consent of the Website.
Users can leave comments on the Website if they do not violate the following rules:

a. Comments shall not contain any off-topic links having no relation to the Website or activities performed by the Foundation;

b. Advertising of your projects, YouTube channels without obtaining a prior consent of the Website is prohibited, such messages will be considered as spam;

c. Political disputes are forbidden;

d. It is prohibited to provoke people and to offend users and the Website;

e. It is prohibited to conduct commercial activities on the Website, including making comments offering paid services;

f. It is prohibited to leave comments propagating intolerance and hatred or containing profanity, direct or indirect insults on the grounds of nationality, religion and other characteristics, as well as other information that violates the requirements of existing Ukrainian legislation and international law.
The Foundation has the right to block, limit or restrict access to the Website for the User at its discretion, including but not limited to doing so in case of violation by the User of these Rules, current legislation applicable to the Rules, as well as in case when the Foundation has some reasons to consider the actions of the User as being unfair, aimed to disrupt the Website and/or able to result in a violation of the rights, legitimate interests of the Website, the Foundation and/or holders of rights for the Materials, damage the honour, dignity or business reputation, etc.

4. INTELLECTUAL PROPERTY RIGHTS DISCLAIMER

The User acknowledges and accepts that any content, data, programs, video, software available on the Website (hereinafter referred to as the Website Content) are owned by the Foundation or the partners of the Foundation and protected by current legislation on copyright, marks for goods and services, patents and trade secrets, as well as by international treaties. The User accepts not to copy, display, stream, share, change, translate, publish, broadcast, perform, demonstrate, sell or distribute the Website Content, except as provided for in these Rules. The User has no right to remove or alter any copyright notices or other messages posted on any material of the Website. You are not entitled to arrogate to yourself, distribute, sell, redesign any Website Content or use the Website Content for commercial purposes.
When posting information on the Website, we proceeded from the fact that we can post materials in the following cases:

a. If we have reasons to believe that the objects of copyright or related rights belong to the public domain;

b. If we had reasons to believe that the use of some material related to methods for free use of intellectual property;

c. If we have acquired the rights to use the materials;

d. If the location of materials provides an explicit warning about the possibility of free use with reference to the source;

e. If we had reasons to believe that the nature of the materials is purely factual, informational or official, and therefore they are not subject to intellectual property rights;

f. If the materials are publicly available and we have not found any information about the holder of the copyright or related rights.
If we have made a mistake due to lack of information, please, write us about it. The feedback form is available on the Website at [email protected]
If you have any information about the materials on our Website or can provide some specific additional information about the copyright status of certain material in our collection, please write us about it. The feedback form is available on the Website at [email protected]
If you are a copyright holder and believe that we improperly use your work or use it without permission when it is mandatory, please contact us at [email protected] and provide your contact details and a link to the material in question.

5. PERSONAL DATA

The Foundation processes Personal Data of the Users in accordance with the provisions of this section of the Rules in order to comply with the provisions of the Rules and provide the Users with access to the Website.
The legal ground for the use of such data is the User’s consent in the absence of other grounds provided for by the Law of Ukraine “On Access to Public Information”.
According to paragraph 4 of article 2 of the Law of Ukraine “On Personal Data Protection”, the User gives their consent to processing of his or her personal information when signing up on the Website through placing a mark indicating the provision of the consent to processing of their personal data in accordance with the stated purpose of processing.
The Foundation strictly adheres to the requirements of the Ukrainian legislation on personal data protection. The Foundation guarantees that gathered Personal Information is necessary and sufficient to achieve the purposes of gathering and processing specified by these Rules.
The Foundation gathers and processes Personal Information to pursue its legitimate interests and/or for the following purposes:

a. To provide the User with an access to the Materials, as well as with information services;
b. To improve the Website performance, to ease its use;
c. To communicate with the User, including sending messages, requests and information related to the use of the Website, as well as processing the requests made by the User.
The User agrees that when processing personal data the Foundation has the right to perform the following actions with personal data: to collect, systematize, accumulate, store, use, transfer to third parties, including transferring outside Ukraine, remove and perform other necessary actions in order to comply with the Rules and the Terms of Use of the Website. At the same time, we assure you that the Foundation will not disclose the telephone numbers and address of residence of the Users, even if such information is provided on your initiative. However, the Foundation asks the Users to refrain from disclosing such information, and the Foundation does not request or gather any payment information or passport data or details of other official documents.
Personal Information of the User is gathered by the Foundation during registration and later when the User enters their personal data upon their own initiative.
Personal data and information of the Users are stored on electronic media only and processed by automated systems, except when non-automated processing of personal data is required to meet legal requirements.
The User has the right to submit a request to the Foundation to obtain information about the conditions of granting access to their Personal Data, in particular about third parties their personal data are transferred to.
The Foundation takes reasonable and sufficient measures to protect Personal Information of the Users from accidental loss or destruction and from illegal processing, including illegal destruction or access to personal data.
The User can also remove Personal Information specified when signing up. By so doing, the User confirms that he or she is aware of and agrees with the fact that such removal can make it impossible for the User to use the Website. The right provided for in this paragraph may be limited in accordance with the requirements of current legislation. In particular, such limitations may stipulate an obligation of the Foundation to store the information removed by the User for a period of time established by current legislation and to transfer such information to a public authority in accordance with the procedure prescribed by law.
The Foundation reserves the right to change, amend, add or remove a part of these Rules at its sole discretion by posting an updated version of the Rules on babynyar.org. By continuing to use the Website after the introduction of amendments and/or additions to these Rules, the User agrees to and accepts such amendments and/or additions.
These rules, as well as amendments to them, become effective on the date on which they are posted on babynyar.org.
Separate pages of the Website (the projects) may be regulated by special terms of use; please read them carefully before use. Special terms of use can be found on the relevant pages of the Website dedicated to separate projects.
Thank you and have a good educational trip across our projects.
© BYHMC 2020