TERMS OF USE: INCIDENT SUBMISSION FORM
1. SCOPE OF AGREEMENT
The following Terms of Use (the “Agreement”) govern the use of the Incident Submission Form (the “Form”) located on the website of the Foundation Against Intolerance & Racism, Inc. (the “Organization”). By accessing or using the Form, you, the end user (“you”), agree to be bound by and comply with the terms and conditions of this Agreement, which constitutes a valid and binding legal contract between the Organization and you. If, at any time, you choose not to accept the terms of this Agreement, you do not have permission to use the Form.
The Organization makes no representations or guarantees that information or materials on the Form are accurate. You acknowledge and agree that your use of the Form is at your own risk.
2. GRANT OF LICENSE
The Organization hereby grants to you a non-exclusive, non-transferable, revocable, and personal license to access the Form solely for the purpose of submitting incident reports and related information for the Organization’s review.
When using the Form, you shall not (a) use the Form to create or compile data for any other service, (b) attempt to reverse-engineer the Form’s underlying code, (c) circumvent security protocols, or (d) use the Form for any unlawful, fraudulent, or injurious purpose.
3. USER OBLIGATIONS
You represent that you are at least eighteen (18) years of age and will provide true, accurate, current, and complete information when submitting an incident. You are responsible for compliance with all applicable laws. If you submit information on behalf of an organization, that organization shall be bound by this Agreement.
4. ACCOUNT REQUIREMENTS
If the Form requires account registration or a verified login, you agree to treat your access credentials as confidential. The Organization will not be liable for any loss arising from your failure to protect your login credentials. We reserve the right to suspend or terminate access if we suspect the information provided is untrue, inaccurate, or in violation of this Agreement.
5. USER SUBMISSIONS
The Form permits you to upload or submit information, text, images, or documents (“User Content”). User Content is submitted for internal review and investigation; it is NOT intended for public display or review by other users of the website. By submitting User Content, you represent and warrant that:
You own the content or have the legal right to submit it;
The information provided is, to the best of your knowledge, accurate and true;
Your submission does not violate any third-party rights;
You acknowledge that the Organization may use your submission for internal review, data analysis, and potential legal follow-up with relevant institutions, organizations, or authorities.
Prohibited Submissions: You agree not to submit any content that is unlawful, intentionally defamatory, or that contains software viruses or malicious code.
Internal License: By submitting User Content through the Form, you grant the Organization a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, modify, and distribute the User Content for its internal operations, investigative purposes, and legal advocacy. While the Organization does not publicly display individual submissions to other users, you acknowledge that the Organization may share this content with legal counsel, investigators, or institutional representatives as part of an official follow-up or advocacy effort.
6. PRIVACY
Submission of an incident involves providing personally identifiable information. Your use is subject to the Organization’s Privacy Policy. By using the Form, you consent to the processing of your data for the purpose of investigating the claims made and facilitating institutional follow-up.
7. INTELLECTUAL PROPERTY
The Organization retains all rights, title, and interest in and to the Form and the content provided by the Organization on its website. You have no rights to the Organization’s trademarks, logos, or proprietary content except as specifically permitted under this Agreement.
8. THIRD-PARTY MATERIALS
Incident submissions may be processed or stored by third-party service providers. By using the Form, you consent to the Organization sharing your submitted data with these providers as required to facilitate the submission and review process.
9. DISCLAIMER OF WARRANTY
THE FORM IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY. THE ORGANIZATION DOES NOT GUARANTEE THAT THE SUBMISSION OF AN INCIDENT WILL RESULT IN A SPECIFIC LEGAL, DISCIPLINARY, OR INSTITUTIONAL OUTCOME.
10. INDEMNIFICATION
You agree to indemnify and hold harmless the Foundation Against Intolerance & Racism, Inc., its officers, and employees from any claims, losses, or liabilities arising out of your use of the Form or any third-party claims resulting from the inaccuracy or bad faith of your submission.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE ORGANIZATION BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE FORM OR THE SUBSEQUENT PROCESSING (OR LACK THEREOF) OF YOUR SUBMITTED DATA.
12. TERM AND TERMINATION
This Agreement is effective upon your use of the Form. The Organization reserves the right to deny access to the Form or discard any submission at its sole discretion, including if it believes a user has acted inconsistently with these terms.
13. CHOICE OF LAW AND ARBITRATION
This Agreement is governed by the laws of the State of New York. Any disputes arising from this Agreement or the use of the Form shall be resolved through final and binding arbitration conducted by the American Arbitration Association.
14. AMENDMENT
The Organization reserves the right to amend this Agreement at any time by posting an updated version on the website. Continued use of the Form constitutes acceptance of the updated terms.
15. ELECTRONIC COMMUNICATIONS
By using the Form, you consent to receive electronic communications from the Organization regarding your submission. You agree that such electronic notices satisfy any legal requirement that such communications be in writing.
