The OSCE Office for Democratic Institutions and Human Rights (“OSCE ODIHR”) encourages you to read these terms (“Terms of Use”, “Terms”) carefully. Any and all use of the ODIHR’s Diagnostic Tool website, including without limitation their related pages or any other content, constitutes your acceptance of the Terms of Use.
1. The scope of the EStAR Diagnostic Tool website
2. Content of the EStAR Diagnostic Tool
The information on the EStAR Diagnostic Tool, including without limitation text, software, scripts, graphics, photos, sounds, music, videos, material, interactive features, and files (collectively referred to as “Content”) is selected on the basis of OSCE ODIHR’s own criteria and at its sole discretion. OSCE ODIHR reserves the right to change, modify, add, or remove the Content at any time and without notice.
The EStAR Diagnostic Tool may contain additional guidelines, rules, or conditions applicable to specific services and features (collectively referred to as the “Guidelines”) which may be posted, modified or removed at any time and without notice.
3. Disclaimer of Warranties
You expressly understand and agree that your use of the EStAR Diagnostic Tool is at your own risk. The EStAR Diagnostic Tool is provided on an “as is” and “as available” basis. The OSCE ODIHR, its officials, and persons providing services to the OSCE ODIHR don’t make warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from the OSCE ODIHR, its officials or persons providing services to the OSCE ODIHR, or through or from the EStAR Diagnostic Tool shall create any warranty not expressly stated in the terms.
The OSCE ODIHR, its officials, and persons providing services to the OSCE ODIHR specifically make no warranty or representation that (i) the EStAR Diagnostic Tool will meet your requirements; (ii) the EStAR Diagnostic Tool will be uninterrupted, timely, secure or error-free; (iii) the information that may be obtained from the EStAR Diagnostic Tool will be accurate, complete or reliable; (iv) the quality of information obtained by you through the EStAR Diagnostic Tool will meet your expectations; (v) any file available for downloading through the EStAR Diagnostic Tool will be free of infection by software viruses or other harmful computer code, files, or programs; and (vi) any errors in the EStAR Diagnostic Tool will be corrected.
Unless expressly stated otherwise, the findings, interpretations and conclusions expressed at the EStAR Diagnostic Tool, such as feedback provided in the questionnaire, are those of the various OSCE ODIHR officials and persons providing services to OSCE ODIHR who prepared the work and do not necessarily represent the views of OSCE ODIHR, the OSCE or its participating States. The content embedded from third-party websites does not represent the views of or constitute endorsement by OSCE ODIHR, the OSCE or its participating States. Likewise, any user-generated content shall in no way be attributed to or represent views of OSCE ODIHR, the OSCE or its participating States.
The names of territories on the EStAR Diagnostic Tool do not imply official endorsement or acceptance by OSCE ODIHR, the OSCE or its participating States.
4. Limitation of Liability
Any Content downloaded or otherwise obtained from the EStAR Diagnostic Tool is accessed at your own discretion and risk. You expressly understand and agree that the OSCE ODIHR, its officials, and persons providing services to the OSCE ODIHR shall not be liable for any damages (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), obligations, losses, liabilities, costs, expenses or attorney fees (even if the OSCE ODIHR has been advised of the possibility of such damages), arising out of or in connection to the use of the EStAR Diagnostic Tool.
The OSCE ODIHR is not liable or responsible for the content of any third party websites. It is your responsibility to access and abide by the policies and terms of any third party websites.
The OSCE ODIHR shall not be liable for any user-generated content on the EStAR Diagnostic Tool.
5. Indemnity
You agree to defend, indemnify, and hold harmless the OSCE ODIHR, its officials, and persons providing services to the OSCE ODIHR from and against any and all claims, damages, obligations, losses, liabilities, damages or costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), expenses, and attorney fees resulting from (i) your use of and access to the EStAR Diagnostic Tool; (ii) your violation of any of the terms; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your user submissions caused damage to a third party.
6. Prohibited practices
The following conduct shall be prohibited when using the EStAR Diagnostic Tool:
- ● Defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others;
- ● Publishing, posting, distribution or dissemination of any defamatory, infringing, obscene, indecent or unlawful material or information;
- ● Uploading or attaching files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all consents therefor as may be required by law;
- ● Uploading or attaching files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- ● Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- ● Falsifying the origin or source of software or other material contained in a file that is uploaded;
- ● Advertisement or offer to sell any goods or services, or conducting or forwarding surveys, contests or chain letters, or downloading any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
7. Privacy Notice
8. Cookie Statement
EStAR Diagnostic Tool use “cookies”. To learn more, please consult our
Cookie Statement.
9. Copyright Policy
Content provided on the EStAR Diagnostic Tool is subject to the OSCE
Copyright Policy.
10. Linking Policy
You may provide on your website a link to the EStAR Diagnostic Tool, if you share the OSCE ODIHR’s values or contribute to the OSCE ODIHR’s work. The content of your site must be relevant, add value and be useful to our audience. The OSCE ODIHR reserves the right to reject at any time any external link if it is considered to be inappropriate. In such case you shall immediately remove the link to the EStAR Diagnostic Tool from your website.
For your convenience and information, the EStAR Diagnostic Tool may contain links to other, external websites over which the OSCE ODIHR may not exercise control. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. The OSCE ODIHR is not and shall not be responsible for the content of and activities on third party websites.
11. Waiver, Severance
The failure of the OSCE ODIHR to enforce any right under the Terms does not constitute a waiver of this right or provision, and the other provisions of the Terms shall remain in full force and effect. If any provisions or part(s) of the Terms are held to be invalid, illegal or unenforceable by a competent authority, the remaining provisions shall be unaffected and shall remain in full force and effect.
12. Updates to the Terms of Use
OSCE ODIHR reserves the right, at its discretion, to change or modify all or any part of the Terms at any time without notice to you. Your continued use of the EStAR Diagnostic Tool constitutes your binding acceptance of any such changes to the Terms. If at any time the Terms are no longer acceptable to you, you should immediately cease all use of the EStAR Diagnostic Tool.
13. Privileges and Immunities
Nothing in the Terms shall deem or be interpreted as a waiver, express or implied, of any of the privileges or immunities enjoyed by the OSCE ODIHR, its officials or persons providing services to the OSCE ODIHR.
