By using the Joint Complementary Mechanism for Sustainable Reintegration in Brazil (SURE) Website https://reintegracaobrasil.com and all its pages (together, the “Website”), those who access it (the “User”) agree to these Terms and Conditions of Use and Privacy Policy (the “General Terms and Conditions”).
General Information:
The Website is created, owned, hosted and administered by the International Organization for Migration (“IOM”), an organization that is part of the United Nations system.
IOM reserves the exclusive right, at its sole discretion, to alter, limit, or discontinue the Website without notice, and shall have no obligation to take into consideration the needs of any Users. IOM reserves the right to deny, at its sole discretion, any User access to the Website or any portion thereof without notice.
Information regarding IOM’s collection, storage, use, and dissemination of User information is outlined in the Privacy Policy.
The Website’s Materials:
The Website contains information about the project “Joint Complementary Mechanism for Sustainable Reintegration in Brazil” (SURE), voluntary return and reintegration, local support in Brazil, publications, news and other content that may include but is not limited to text, images, logos, photographs, video and, graphics, and reports (hereinafter the “Materials”).
Media Materials include but are not limited to media contacts in IOM, news and press releases, migrants’ stories, twitter materials, Migration Newsdesk materials, press briefing notes, migration blog materials, videos, communication campaigns, and other materials.
All intellectual property rights relating to the Materials on the Website shall remain vested in IOM unless otherwise stated. IOM reserves the right to assert ownership of the Materials collected on the Website.
All Materials on the Website are subject to these General Terms and Conditions.
Use of the Website’s Materials
The Website publicly provides the Materials for informative purposes only. The User has no rights, inter alia, to alter, sell, distribute, or create derivative works from the Materials. The Materials may be used for non-commercial personal or educational use. Any other use of the Materials requires the prior written permission of IOM.
IOM Publications
The Website contains IOM publications that can be found following the link: http://publications.iom.int/
To request permission to copy, extract, adapt, translate, reproduce, or otherwise use any Materials contained in IOM publications for purposes other than noncommercial personal or educational use, the User shall contact the Publications Unit of IOM: publications@iom.int
Additional Terms and Conditions govern the use of Materials contained in IOM Publications.
Crediting IOM
The User shall credit IOM as the source as follows:
Copyright © International Organization for Migration 2019
Third-Party Content and Links
The Website may contain third-party content, which is not created, owned, or administered by IOM. The Website or the Materials may also contain links to third-party sites.
Third-party content and links are for informational and convenience purposes only. Although IOM makes reasonable efforts to obtain reliable content from third parties, IOM does not endorse such content and assumes no responsibility for the accuracy or privacy practices of third-party content or links. The third-party content on the Website may be the intellectual property of the third-party content provider, and permission to use such materials must be requested from the copyright owner.
Other websites may link to the Website without seeking the permission of IOM. However, such links must clearly identify IOM as the source of the information displayed and preserve the integrity of the Website without alteration.
IOM Name and Logo
The IOM name and logo are exclusively owned by IOM. The use of the IOM name and logo, including copying or reproducing them in any form without the written permission of IOM, is prohibited.
Disclaimer
The Website and the Materials are provided on an “as is” basis, without warranty of any kind, either express or implied, including warranties of merchantability, title, fitness for a particular purpose, and non-infringement. This disclaimer shall apply without limitation. IOM specifically does not make any warranties or representations as to the appropriateness, quality, reliability, timeliness, accuracy or completeness of the Materials.
Neither IOM nor any of its officials, employees, agents, information providers, or content providers shall be liable for any harm, financial or otherwise, to a User or other entity in connection with the Website or the Materials.
If the User is dissatisfied with any material on the Website or with any of the provisions of the General Terms and Conditions governing the Website, the User’s sole and exclusive remedy is to discontinue using this Website.
Boundaries, Geographic Names and Use of Maps
The depiction and use of boundaries, territories, geographic names, and related data shown on maps and included in the Materials on the Website are not warranted to be error free, nor do they imply judgment on the legal status of any territory or any endorsement or acceptance of such boundaries by IOM.
Other Users
The User specifically acknowledges and agrees that IOM is not liable for any conduct of other Users on the Website.
Bugs, Virus, Malicious Code, etc.
While IOM makes every effort to ensure the Materials available on this Websites are free of any software virus, IOM is not responsible for any loss or damage caused by malicious software and related codes, including viruses and worms.
Security Measures
The Website implements a series of technologies and security measures to safeguard the information maintained on IOM’s systems from misuse, unauthorized access or disclosure, alteration, or loss.
Although IOM applies reasonable means to ensure that the information the User furnishes is not used by third parties for purposes other than that for which it was provided, IOM cannot guarantee that unauthorized third parties will never be able to defeat security measures or use the User’s personal information for improper purposes. No transmission of information via the internet is ever totally secure. Transmission is therefore at User’s own risk.
Online Service Providers
While IOM has a strong interest in the integrity of its online service providers it does not provide any warranties and specifically disclaims any liability whatsoever in connection with the services.
Indemnity
The use of the Website is at the User’s sole risk. By using the Website, the User agrees to defend, indemnify and hold harmless IOM, its officers, employees, content providers, information providers, and agents from and against all loss, costs, damages and expenses (including legal fees and costs), claims, suits and liabilities arising out of the use of the Website.
Contacting IOM
For any questions or comments regarding the Website or these General Terms and Conditions, Users may contact IOM with the contact information available here: https://reintegracaobrasil.com/contactos/
IOM attempts to respond to messages received. However, IOM has no obligation to respond to any such messages.
Status of IOM
Nothing in or relating to the Website shall be deemed a waiver, expressed or implied, of any of the privileges and immunities enjoyed by IOM as an intergovernmental organization.
Dispute Resolution
Any dispute, controversy or claim arising out of or in relation to these General Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled amicably by negotiation between the Parties.
In the event that the dispute, controversy or claim has not been resolved by negotiation within 3 (three) months of receipt of the notice from one party of the existence of such dispute, controversy or claim, either Party may request that the dispute, controversy or claim is resolved by conciliation by one conciliator in accordance with the UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation Rules does not apply.
In the event that such conciliation is unsuccessful, either Party may submit the dispute, controversy or claim to arbitration no later than 3 (three) months following the date of termination of conciliation proceedings as per Article 15 of the UNCITRAL Conciliation Rules. The arbitration will be carried out in accordance with the 2010 UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be one and the language of arbitral proceedings shall be English, unless otherwise agreed by the Parties in writing. The arbitral tribunal shall have no authority to award punitive damages. The arbitral award will be final and binding.
The present General Terms and Conditions as well as the arbitration agreement above shall be governed by the terms of the present General Terms and Conditions and supplemented by internationally accepted general principles of law for the issues not covered by the General Terms and Conditions to the exclusion of any single national system of law that would defer the General Terms and Conditions to the laws of any given jurisdiction. Internationally accepted general principles of law shall be deemed to include the UNIDROIT Principles of International Commercial Contracts. Dispute resolution shall be pursued confidentially by both Parties. This Article survives the expiration or termination of the present General Terms and Conditions.
Notifications of Changes
These General Terms and Conditions may be reviewed periodically. IOM reserves the right to change the General Terms and Conditions at any time, without notice. Any changes made to these General Terms and Conditions will be posted on this page for the Users’ information.
Governing Language
These General Terms and Conditions are provided in English. In the event that these General Terms and Conditions are translated into another language(s), the English text will prevail.