6degree.org, Version 1.1
Effective Date: June 20th
Last Revised: May 2015
Welcome to 6degree.org, a new humanitarian crowd-funding portal, which provides individuals with the opportunity to donate and support the voluntary return and sustainable reintegration of former Victims of Trafficking.
This site is provided to you by the International Organization for Migration (herein referred to as “IOM”).
A. ACCEPTANCE OF TERMS
By clicking “I agree” OR, by accessing OR using any part of the site or service, you expressly agree to and consent to be bound by the terms and conditions of this Agreement. If you visit the site or register for an account through the site (a “6degree account”), you expressly accept the terms of this agreement.
ANY ATTEMPT TO DELIBERATELY DEFRAUD IOM, ITS STAFF AND/OR ASSOCIATED PARTNER ORGANIZATIONS OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION AND PROCESS OF THE SERVICE IS A VIOLATION OF THIS AGREEMENT AND ANY APPLICABLE LAWS.
IOM will notify you of any material revisions or modifications to this Agreement by:
1. Posting a notice on the Site for thirty (30) days following any revisions or modifications to the Agreement and/or by posting a notice on the Site the first time that you visit the Site following such modifications or revisions; or
If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Service. Otherwise, your continued use of the Service constitutes acceptance of those changes. PLEASE CHECK THE SITE REGULARLY TO VIEW THE THEN-CURRENT TERMS.
IOM reserves the right to suspend, discontinue and change the Service (including but not limited to the availability of any features, Content and user databases at any time for any reason. IOM also reserves the right to impose restrictions on features and Content, access to parts or all of the Service without notice.
B. SUMMARY OF SERVICE
1. The platform: 6degree is an online platform, which provides Users with the opportunity to directly fund individuals (herein referred to as ‘Survivors’ or ‘Beneficiaries’) supported through IOM’s Direct Assistance Program (herein referred to as the “MDAP”) which facilitates the voluntary return and sustainable reintegration of individuals who had fallen victim and survived human trafficking and/or exploitation.
2. The IOM Direct Assistance program: The MDAP is managed, delivered, administered and provided to Beneficiaries by the International Organization for Migration (IOM) and its networks of implementing partner organizations (herein referred to as “Implementing Partners”).
3. The International Organization for Migration’s role: The International Organization for Migration (IOM) works to help survivors of human trafficking around the world. Since 1997, IOM has provided approximately 70,000 survivors with humanitarian, medical, legal, and migration support, with 6,000 to 7,000 new people assisted every year. With the consent and active participation of each survivor, IOM conducts an individual needs assessment to see how it can best ensure the safety of individual beneficiaries while helping them towards social and economic self-sufficiency. Following the needs assessment, IOM, in consultation with any of its implementing partners, determines a funding goal (herein referred to as ‘Funding Goal’) based on the beneficiaries needs. This may cover costs directly associated with but not limited to his or her immediate accommodation in a place of safety, medical or legal assistance, the return journey home, education or skills development, job placement, or help with establishing a small business. With 6degree.org, IOM intends to involve you in this process by creating a user-friendly mechanism that allows you to help meet the needs of people who have survived serious exploitation and abuse and who have agreed to have their cases made available through the Service on the Site.
4. Content: Through the Service, 6degree.org and associated websites, email, maps and other forms of media and corresponding media services, the Service, IOM make available content including but not limited to images, maps, icons, photographs, videos, graphics, audio clips, artworks, comments, text, data, software, scripts, text, other materials, information, and associated trademarks and copyrightable works ( herein collectively referred to as "Content"). Users of the Service may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content ("User Submissions") if and when the Service activates this feature to you.
5. The Service: Specifically IOM uses the Service to communicate, present and promote a Beneficiary’s journey which may include but is not limited to accounts of the challenges and triumphs they faced, as a subjective narration of their experience leading up to, entering, living through and exiting their situation of human trafficking and/or exploitation (herein referred to as “Case History”). In particular, the Service relies on virtual maps, images, icons and other tools including but not limited to other forms of media, to illustrate an approximation of the Beneficiary’s Case History, which is accessible to each user and/or the public through the Service.
6. Content information & victim protection: For many survivors of human trafficking, anonymity is his or her most important form of protection. For this reason, 6degree.org and teh Site does not use photographs of faces or other distinguishing features, and reserves the right to modify or omit information that could compromise their safety or prospects of long-term self-sufficiency. IOM therefore makes no representation, warranty, covenant or guarantee that information posted on a Case on the Site or in corresponding awareness raising materials, campaigns or media generated to this end, are wholly accurate and reserves the right to alter any other information posted as part of the Service, its content and/or associated IOM media campaign Content.
By participating in the Service or otherwise accessing or using the Site, you hereby acknowledge and agree that:
(a) IOM makes no representation, warranty, covenant or guarantee that any funds you donate towards a particular Case will exclusively be used to assist the corresponding Beneficiary in the advertised way or format.
(b) Due to the fluent and vulnerable nature in which survivors find themselves in when seeking support through IOM’s Direct Assistance Program, any donation made through the Site will be allocated, dispersed and used at the discretion of IOM staff in the best interest of the Beneficiary towards and within the context of IOM’s direct assistance efforts and best practices and may be spent to finance the cost of support mechanisms other than those advertised on the Site, if determined to be necessary to more effectively realize the goal of the beneficiary’s economic and social self-sufficiency.
(c) Any transaction made via the Site constitutes a non-collectable and non-refundable donation with no prospect of repayment.
(d) IOM makes no representation, warranty, covenant or guarantee that the Funding Goal advertised by the Service will fund the entire cost associated with the services and support mechanisms IOM will be providing as part of its direct assistance efforts. While the Funding Goal will never exceed the total cost associated with the the needs of the Beneficiary, IOM reserves the right to separately allocate funds to provide supplementary support to Beneficiaries, which is not funded through the donations which have been received through the Service.
(e) Given your financial situation and objectives, you will donate only those amounts on the Site that you can afford to give away. Donations made via the Site are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security.
(f) That donations made via the Service are not cancellable or refundable by the User.
(g) You have provided and will provide accurate and complete registration of information consistent with paragraphs D (Registering an Account).
(h) You will respect the confidentiality of Beneficiaries whose stories are told through the Service, and will make no attempt to identify or contact them. Neither will you attempt to contact IOM, its cooperating partners, nor any third party, including other users of the Service, in an attempt to determine the identity of any survivor who has agreed to benefit from the Service provided through the Site. Any attempt to do so will constitute a violation of the Agreement.
To make use of the Service you must be at least 18years old (at the minimum the legal age in your jurisdiction). By accessing OR using any part of the Site or Service, you represent and warrant that if you are an individual you are of the legal age in your jurisdiction to form a binding contract and that all registration information you submit is accurate and truthful. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Site.
IOM may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria for participation and/or use for its Service to any legal entity and/or individual at any time.
D. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
IOM and its affiliated partners, donors, sponsors and implementing partner organizations, its licensors, their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents are not responsible if information made available on through the Service and/or on the Site is not accurate, complete or current.
IOM will not be liable for any errors or omissions in any Content.
E. REGISTERING AN ACCOUNT
The participation in the Service requires you to create an account through the Site. While you are permitted to access select Content on the Site without registering an account with 6degree.org, you will be required to register an Account to use certain features of the Service. You will be asked to provide an email address and password. The Site will also ask you to provide certain personal information including but not limited to a first name, last name, email address, year of birth, sex, nationality and other information. IOM reserves the right to change the registration process and/or request additional information at the point at which users are registering for a 6degree account at any time and without notice.
Once created, the user profile may be viewable by the general public. You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that:
(a) impersonates someone else,
(b) may be protected by trademark or proprietary rights law, or
(c) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion.
Any attempt to access restricted areas without authorization is prohibited. You are not allowed to bypass any measures IOM may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service). You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing email@example.com.
If you create an account through this Site, IOM may send a monthly newsletter, system messages pertaining to account information, and other communications to your email.
Subject to your agreement to the terms of this Agreement, IOM agrees to provide you with
(d) a personal, non-transferable and non-exclusive 6degree.org Account enabling you to access and use the Service, and
(e) a limited, non-transferable and non-exclusive license to use the Material necessary to access, explore and otherwise use the Site in real time and to use the Materials in a manner consistent with the contents of the Agreement.
F. DONATIONS AND FEES
6degree.org is a humanitarian crowd-funding portal, which provides individuals with the opportunity to donate and support the voluntary return and sustainable reintegration of Beneficiaries of the IOM Direct Assistance Program. Through the Service and with the informed consent of trafficking survivors IOM makes available the stories reflecting the experiences and journeys of survivors of human trafficking
By funding Cases with the Service, you agree to be bound by this entire Agreement, including the following terms:
(a) If and when 6degre.org provides the opportunity to provide your payment information you agree to provide such information at the time it is requested by The Service.
(b) The payment will be collected at the time of the donation. The amount you donate is the amount you will be charged.
(c) If and when The Service requests your payment details, you agree to provide The Service with a valid credit card (Visa, MasterCard, or any other issuer accepted by the Service) or PayPal account ("Payment Provider").
You agree that IOM is authorized to immediately invoice your Account for all donations that you make to Cases by providing the Service with your credit card number or PayPal account and associated payment information and that no additional notice or consent is required.
IOM reserves the right to reject, cancel interrupt, remove, unpublished, close or suspend a Case at any time and for any reason. IOM also reserves the right to cancel a donation at any time and for any reason.
Under no circumstances will IOM be held liable or accountable for any damages as a result of those actions.
IOM is not obligated to comment on the reasons for any of these actions may may choose to do so at its own discretion and in line with its victim protection standards.
In the event that a Case is rejected, canceled, interrupted, removed, close or otherwise removed indefinitely, all Users that have funded the affected Case will be notified. In the event that the case was removed due the fact that the provision of services to the individual are no longer possible for whatever reason, the User will be able to elect to have their donation refunded. The user is required to indicate their decision to receive a refund within a period of seven (7) days. If the User fails to elect their donation be refunded, all donated funds will be reallocated to other Cases.
Should there be a change in your billing address, nationality, name, surname, billing address, credit card (if applicable), or PayPal account used for payment hereunder, you agree to immediately notify IOM.
IOM reserves the right to change, modify or alter its billing methods and mechanisms. This can occur either immediately through posting said change to the site or by notifying you via an email to the last email account you provided as part of your profile information to the Service.
IOM will not deduct any direct or indirect cost incurred by IOM’s administrative body including for the administration, management of staff or overhead for these and other resources which are used in the process of collecting, appropriating and using of funds, from the total value donated by the user. This only applies to fund obtained through donations via the Service.
Although IOM aims to allot all of the donated amount towards providing assistance to the Beneficiary to whom you have donated, IOM cannot provide a warranty, covenant or guarantee that 100% of the amount donated to a Case will be allotted to the provision of direct assistance support to the Beneficiary. IOM works diligently to minimize the impact of any cost or fees, which may be deducted from the total funds obtained through the Service to cover the costs for the support services, which IOM will provide to the beneficiary. However, IOM may deduct costs incurred through the collection of donations includingfees associated with PayPal, banking and other financial institutions or tool. This may also include exchange rate losses.
IOM may also attribute parts or the entirety of the donation obtained through the Service to an implementation partner on the condition that the amount will only be used to finance and cover the cost of the direct assistance provided to the individual to whom you have donated.
G. RESPONSIBLE USE AND CONDUCT
You acknowledge and agree that you will take full and lone responsibility for the use of the Service, the use of your account, the safety of your login, personal and payment details as well as all activity in connection with the Service.
You also acknowledge that IOM provides the Service to you for your own personal use which is non-commercial and does not contribute to the business of an existing legal entity which is not your individual person.
You agree that you will not, and shall not permit any third party, person or legal entity use your Account to, take any action, or Submit Content, that:
You shall make no attempt to take any action or enlist the help of another entity to create derivative works of any part of the Service. This includes modifying, translating or downloading, saving or permanently availing yourself of any Content featured on this Site OR the Service including Beneficiaries Case Stories for either private or commercial use, regardless of the material’s purpose. This includes the use of manual or automated software, electronic mechanisms, or devices to "spider" or "crawl" or “attack” any page of the Site without the express permission from IOM which. This can be granted for operations of public search engines offering bot an opt-in and opt-out permission to use spiders to index the Site’s Content for the extent necessary for creating publicly available search results of the materials.
Publication of materials and any Content posted on the Site, can only be published cached, copied or saved with the written consent of IOM. You can contact firstname.lastname@example.org to request such permission. IOM may, in writing, grant partnership privileges to trusted individuals for the purpose of publishing media assets that are made available on the Site.
You shall not directly or indirectly frame or utilize framing techniques to enclose any trademark, logo or other Content (including maps, images, text, page layout or form) of the Service and Site.
You shall not take any action or enlist the active participation of another individual to hack, alter, modify, decipher, disassemble, reverse engineer or decompile any source code, algorithms of any part to the Service, except to the extent applicable laws specifically prohibit such restriction.
You agree to refrain from engaging in any activity which may interfere with the proper working of the Service the operations of IOM, MDAP, its donors, sponsors and implementing partner organizations, its licensors, their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents.
You may not use the portal or take any action in a format that imposes an unreasonably large computational impact on the Service, its computational infrastructure as well as the infrastructure of its third-party providers. The degree to which an action is deemed to utilize an unreasonably large computational impact is determined at the sole discretion of IOM.
You are not permitted to access the Service with the purpose of wanting to build a competitive platform that is similar in its realization, whether it contains similar creative elements and/or technology.
You are not permitted to transfer, rent, lease or make otherwise commercially available any of the rights you receive under the Agreement.
You agree to adhere to copyright and that you will not remove or destroy any copyright notices or other mark connected to or related to proprietary markings contained on or in the Service.
H. THIRD PARTY SITES AND SERVICES
The Service may link and/or refer you to other websites or resources on the Internet, which in turn may refer and/or direct you to resources and links to the Service. You acknowledge that by accessing third-party websites, you do so at your own risk.
Those other websites are not under IOM's control, and you acknowledge that IOM, its affiliated partners, donors, sponsors and implementing partner organizations, its licensors, their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents are not liable for the content, its legality, accuracy, implied and/or explicit functionality appropriateness, or any other aspect of those other websites or resources.
The inclusion on another website, advertisements and/or promotional materials referring or explicitly promoting the Service do not imply endorsement by or affiliation with 6degree, IOM and/or its partners or donors.
You further acknowledge and agree that IOM shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
I. TERMINATION OF SERVICE/ USE
IOM reserves the right to terminate your access to the Service, without cause or notice. Any donations, fees or monetary contributions of any kind paid to IOM via the Service, sponsorship, promotional agreements or philanthropic activities are non- refundable.
If you wish to terminate your Account, you may do so emailing a termination request to email@example.com.
You (i) hereby agree to indemnify, defend and hold harmless, and (ii) hereby releases, IOM its affiliated partners, donors, sponsors and implementing partner organizations, its licensors, their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with you use of the Service and all other services or activities related thereto.
K. CONTENT LEGALITY
You are not permitted to access The Service from territories where the Content is illegal. You are accessing the Service and its Content at your own initiative and bear full responsibility to comply with local laws.
L. WAIVER RELEASE AND LIMITATION OF LIABILITY
You hereby agree that:
(a) IOM its affiliated partners, donors, sponsors and implementing partner organizations, its licensors, their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents have ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR or Corporate User’s USE OF THE SITE, THE SERVICE, OR THE CONTENT;
(b) to release IOM and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, the Site, or any information provided through the Service or the Site;
(c) release IOM and their designees from any liability for any for any failure to perform its obligations hereunder where the failure results from any cause beyond IOM's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation;
(d) to waive any and all rights and benefits otherwise conferred by any law (whether statutory or non-statutory) of any jurisdiction that would purport to limit the scope of a release or waiver; and
(e) to waive and relinquish all rights and benefits which you have or may have or any similar provision of any law, rules or regulation of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF IOM AND ITS AFFILIANTED PARTNERS, DONORS, SPONSORS AND IMPLEMENTING PARTNER ORGANIZATION, ITS LICENSORS, THEIR DIRECT AND INDIRECT PARENT, SUBSIDIARY AND SISTER CORPORATIONS AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED IF ANY. IN NO EVENT SHALL IOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF THE SITE ARE HEREBY EXCLUDED EVEN IF IOM ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
End of Terms