HSP App - Terms and Conditions and Privacy Policy

Last updated: July 7, 2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Humanitarian Standards Partnership Mobile App (the "Service", the “HSP App”) operated by the Sphere Association on behalf of the Humanitarian Standards Partnership ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Links to other web sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Sphere Association.

The Sphere Association has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Sphere Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Use of material appearing in the HSP App

Your use of the HSP App is for a non-commercial, non-profit use only. You acknowledge that, as between the Sphere Association and you, HSP members are the sole owners of all content on the HSP App, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material. The HSP App is protected by the copyright laws and other intellectual property laws of Switzerland and are protected globally by applicable international copyright treaties.

We may, at our sole discretion, enable HSP App users to:

(i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Service; and

(ii) access and view HSP App user content and any content that we make available on or through the Service, including proprietary content belonging to the Sphere Association or to the Humanitarian Standards Partnership and any content licensed or authorized for use by or through the Service from a third party.

We reserve our right to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute, without any further authorization, any content submitted, stored, sent or received to or through the HSP App.

Trademarks, service marks, logos, trade names, copyright and any other proprietary designations of third parties used on or in connection with the Service are used for identification purposes only and remain the property of their respective owners.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to:

(i) download and use the Service on your personal device(s);

(ii) access and view any content made available on or through the Service and accessible to you, solely for a non-commercial, non-profit use; and

(iii) reproduce and display the HSP App content (excluding any software code) solely for a non-commercial, non-profit use in connection with viewing and using the Service.

The whole content of the HSP App, including, without limitations, texts, images, diagrams, signs, buttons, programs, web graphics, hidden elements, databases, scripts, computer programs and any other data and information, is owned by us and is protected by intellectual and industrial property laws. The way the elements of the HSP App are arranged (for example the design of the HSP App) is owned solely by us and is protected by intellectual and industrial property laws.

The use without our prior written consent of any of the elements listed above is punished according to the applicable laws. All programs used on this Service are owned by us and are protected by the applicable laws. All signs used to identify the Service are owned solely by us.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service content, except to the extent you are the legal owner thereof, or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

You may download and print extracts from the HSP App for your own personal, non-commercial and non-profit use only, provided you maintain and abide by any copyright or trademark related notice or restriction in any material that you download or print. You may not use any HSP App content for any other purpose without our prior written approval.

Prohibited activity

You are prohibited from doing any act that we, in our reasonable discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this Service, including but not limited to:

(i) any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals; or

(ii) using the Service to defame, harass, threaten or libel us, the Service, our employees, our collaborators or other individuals or acting in such a way that brings into disrepute our good name; or

(iii) uploading files that contain viruses that may cause damage to the Service or to the property of other individuals; or

(iv) making any bigoted, hateful or racially offensive statements while using the Service; or

(v) advocating illegal activity or discussing illegal activities with the intent to commit them, while using the Service; or

(vi) posting or distributing on the HSP App any vulgar, obscene, discourteous or indecent language or images; or

(vii) advertising, selling to or soliciting others or using the Service for commercial purposes of any kind.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of liability

In addition to the limitations on our liability set out above, we shall not be liable for any damage caused to or interference with any equipment or other apps or content of any description. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service.

To the extent permitted by the law, we do not accept any responsibility for any material in the HSP App. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of using the Service or any part of it.

We will make reasonable efforts to keep the Service operational. However, we give no warranties of any kind concerning Service. In particular, we do not warrant that the Service or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Service, we do not guarantee this. We accept no responsibility or liability for any interruption or delay. We endeavor to provide the best service we can, but you understand and agree that the Service is provided “as is”, without express or implied warranty or condition of any kind. You use the Service at your own risk.

Although we will normally only delete content that violates these Terms, we reserve the right to delete any content for any reason, without prior notice. Deleted content may be stored by the Service in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your content. We will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any content.

Data protection

These provisions apply to the personal data that we collect about you for the purposes of providing you with the Service.

To serve you better and with a greater personalization, we may collect personal data about you from your online and electronic interactions with us. The data that you provide to us with your consent for a specified purpose, may include:

(i) personal contact information, including full name, email address, phone number;

(ii) account login information, including any information that is required for you to establish a user account with the Service (e.g. login ID, password, security question/answer).

We may disclose your personal data if it is required to do so by law or if, in our good faith judgment, such legal disclosure is reasonably necessary to comply with legal processes or respond to any claims.

We will only retain your personal data for as long as it is necessary for the stated purpose, taking into account also our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements under applicable laws.

This means that we may retain your personal data for a reasonable period after your last interaction with us. When the personal data that we collect is no longer required in this way, we will destroy or delete it in a secure manner.

You have a right to information free of charge about your data stored by us and rights to correction, deactivation or deletion of the said data. You can revoke the consent you provided to the collection, processing and use of your personal data at any time.

We will respond to all legitimate requests for information and where applicable, to correct, amend, or delete your personal data. If you wish to make such a request, please email us at info@sphereproject.org.

Non-personal information ("cookies")

"Cookies" are small amounts of information which may be stored on your computer when you use our web services. Cookies help us monitor website traffic, personalize the content of the site for you, and facilitate your ongoing access to and use of the site. They do not collect any data from your computer.

Our system may issue cookies to your computer when you visit and/or log on to the site. Cookies may either be permanent (i.e., remaining on your computer until you delete them) or temporary (i.e., remaining only until you close your browser). You may set up your computer to reject cookies using a simple procedure available in most browsers. However, if you block cookies, you may not be able to use certain features on our site and/or may be required to re-enter information more frequently to use certain services on the site.

Governing law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Any dispute, claim or controversy arising out of or relating in any way to the Service or your use thereof, including our Terms, shall be determined by arbitration, by expedited procedure, with one arbitrator, according to the Arbitration Rules of Swiss Arbitration Association for the time being in force, which rules are deemed to be incorporated by reference with this clause. Any dispute shall be resolved by one arbitrator appointed by the Swiss Chambers Arbitration Court. The seat of the arbitration shall be Geneva. The language of the arbitration shall be French.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact us

If you have any questions about these Terms, please contact us at info@sphereproject.org.