7or - The Palestinian Observatory for Digital Rights Violations
Terms & Conditions
Last Revised: [October 22, 2021]
Welcome to “7or” - the first Palestinian digital rights database, which aims to better protect Palestinian digital rights by enhancing the capacity of human rights organizations and activists to advocate utilizing evidence collected by organizations and individuals in a shared, secure database.
The “7or” platform is available at 7or.7amleh.org (the “Platform” or “7or”) and is operated by 7amleh – the Arab Center for the Advancement of Social Media (R.A) (“7amleh”, “Us” or “We”).
In these Terms and Conditions (the “Terms”), "You" refers both to you as an individual and to the entity You represent (as applicable).
BY ENTERING TO AND/OR USING/VIEWING THE PLATFORM AND/OR USING ANY OF THE FEATURES AVAILABLE THEREON (THE “FEATURES”), INCLUDING, SUBMITTING A REPORT (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE AGREED TO AND UNDERSTOOD THESE TERMS. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT USE THE PLATFORM OR THE FEATURES.
- The Platform and Submitting a Report
7or allows visitors and users like You to submit reports concerning violations of digital rights of Palestinian entities, groups or individuals on the Web (eg. freedom of expression and the right to access, use and publish digital media; freedom of assembly and participation; privacy and data protection; access and non-discrimination etc.).
Through the Platform, You may report violations of digital rights either as a victim, a witness, or as a third party organization. Reports may be submitted in connection with any violation of digital rights, including, without limitation:
- Privacy violations, including, illegal collection, use and/or transfer of personal information.
- Gender based violence on the Web.
- Cyber security.
- Network disruptions.
- Freedom of expression violations, including, restriction of online content and content moderation.
- Network surveillance.
- Account suspension.
- Smear campaigns.
- Hate speech.
- Publication of ‘fake news’.
Any report submitted by You through the Platform as described above is referred to in these Terms as the “Report”.
When You submit a Report to Us, You authorize us and entrust us with filing a claim in order to investigate and address the incident described in Your Report (the “Incident”) with the concerned authorities and/or organization (a “Claim”) that may include, among others, perpetrators who are the subject matter of your Report, such as social media platforms like Facebook, Instagram, Linkedin, Twitter etc., as well as local and/or international law enforcement agencies and governmental organizations, and advocacy and/or human rights organizations (the “Concerned Parties”). A Claim may be submitted by Us to the Concerned Party whether directly or through third party organizations engaged in advocacy and/or promotion of human rights and/or digital rights (the “Third Party Organization”).
If You submit a Report as a witness or a third-party organization, then You undertake that You are authorized to submit the Report on behalf of such persons and/or entities who are the subject of the violation under the respective Incident.
It is important to indicate that a Report submitted through the Platform cannot be anonymous and in order to be able to pursue and handle Your Report, you must enter Your personal information through the intake forms available on the Platform.
When submitting a Report, You agree to provide accurate, current and complete information about yourself, the victim of the violation, and the Incident You are reporting. You agree that the information which You provide upon submitting a Report may be used for identification purposes when filing a Claim by 7amleh and for that purpose may be shared by 7amleh with Concerned Parties and/or Third Party Organizations. You further understand that You may be required to provide 7amleh with whatever proof of identity it may reasonably request when submitting a Report, as a condition for pursuing and handling Your Report, and failure to provide such proof entitles 7amleh to discontinue handling Your Report.
In certain cases, We may ask You to provide Us with a ‘proxy’ in a form as prescribed by law, or as required by the Concerned Parties empowering 7amleh to act on Your behalf. You understand that signing such ‘proxy’ may be a condition to proceed with a Claim on Your behalf and Your failure to provide such ‘proxy’ may force Us to discontinue handling Your matter and related Claim (in our discretion).
You hereby acknowledge that any right and authority granted to 7amleh to file a Claim and pursue such Claim on Your behalf is granted solely in order to assist You in pursuing such Claim and report the violation in question. There is no guarantee that the Claim which We file in connection with Your Report will be handled by the Concerned Parties and/or the Third Party Organizations or that it will be handled to Your satisfaction, and We have no control whatsoever on the way the Claim will be handled by such parties and/or the time it may take for such Concerned Parties and/or the Third Party Organizations to handle the Claim. Further, 7amleh shall not be liable to You or anyone on Your behalf and/or any third party, for any damage and/or costs and/or liability which You and/or such third parties, may incur as a result of handling the Claim by the Concerned Parties and/or the Third Party Organizations. You hereby waive any claim and/or demand against 7amleh in connection with the outcome or result of a Claim filed in connection with Your Report.
In the event that We decide to pursue a Report and file a Claim on Your behalf, Our role and capacity will be only that of a facilitator of the interaction between You and the Concerned Party and/or the Third Party Organization. In no event will 7amleh be responsible for the outcome of the Claim nor it will be liable towards You or any party for the proper handling of the Claim by a Concerned Party and/or a Third Party Organization. To this effect, You acknowledge that 7amleh’s responsibility is limited to making reasonable efforts (i) to facilitate the filing of a Claim on Your behalf to a Concerned Party (if we decide to proceed with Your Report) as soon as practically possible, and (ii) to serve as agent for the purpose of receiving responses from and submit follow ups to the Concerned Party. It is clarified that any information You provide in Your Report, including, the Incident’s details, will be provided in full to the Concerned Party and/or the Third Party- Organizations (defined below) as provided by You.
You also acknowledge that Our assistance and support by way of filing and pursuing a Claim does not constitute legal or other professional advice, is not intended to be a substitute for legal or other professional advice and should not be relied upon as such. We recommend that You seek legal advice or other professional advice in relation to any particular matters You may have regarding the Incident You decide to report through the Platform. If You decide to hire a legal counsel to represent You in connection with the Incident reported under Your Report, or if You file a claim concerning the Incident with any other forum (like a court), You must notify Us immediately and in which case We shall have the right to discontinue handling Your Report. You further acknowledge that 7amleh is not obligated to investigate Your Report and the Incident thereunder, or to validate the information and details provided by You concerning such Incident.
You hereby agree to use Your best effort to take, or cause to be taken, all actions and do, or cause to be done, all things necessary and advisable to promote the handling of Your report, and to cooperate fully with 7amleh in connection with Your Report and the Claim filed in connection therewith.
By submitting a Report through the Platform, You agree that 7amleh shall at all times, have right to either accept and pursue a Report and file a Claim with the Concerned Parties, or decline a Report as it sees fit.
- Use of Your Material
You hereby grant 7amleh, the right to use, reproduce, or modify, any material and/or content provided by You to 7amleh as part of the Report You may submit through the Platform (whether during the first submission of the Report, or at a later stage), for the purpose of providing handling Your Report, and/or filing a Claim with the Concerned Parties and/or the Third Party Organizations and pursue and handle such Claim. You represent and warrant to 7amleh that none of the content and material You provide to 7amleh or upload on the Platform during the course of submitting the Report, violates any third-party rights.
- Intellectual Property
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Material”), are owned by 7amleh, its licensors or other providers of such Material and are protected by local and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of 7amleh, unless and except as is expressly provided in these Terms. Any unauthorized use of the Material is prohibited.
- Updates and Modifications to the Platform
7amleh may from time to time, at its sole discretion, provide enhancements or improvements to the features/functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Platform. You agree that 7amleh has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Platform to You.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Platform, and (ii) subject to the terms and conditions of these Terms.
7amleh reserves the right to modify, suspend, disable or discontinue, the Platform or any service to which it connects, and/or cease its operation, in each case, whether temporarily or permanently, with or without notice and without liability to You or any third party, including, without limitation, in connection with any loss and/or potential loss of any data and/or for any other damage which may be caused to You or any third party upon terminating and/or disabling the Platform. In the event that 7amleh modifies, suspends, disables or discontinues the Platform or any feature available thereon, You will have no claims and/or demand against 7amleh in connection thereto.
- Suspension of a Claim
You acknowledge and agree that 7amleh may, at its discretion, suspend or discontinue the handling of Your Report and/or the Claim filed or to be filed in connection therewith, with immediate effect, (i) in the event of non-compliance by You with these Terms and/or with any applicable law; (ii) in the event that 7amleh determines, at its sole discretion, that the Claim will not achieve any useful results; (iii) in the event that 7amleh decides, at its own discretion, that handling Your Report and/or the Claim may create a conflict of interest between You and 7amleh, and/or between 7amleh and any third party; and (iv) and (iv) if the information You provided during the submission of a Report proves to be false, incomplete, or inaccurate. In addition, 7amleh may, at its discretion, discontinue the handling of Your Report and/or the Claim filed in connection therewith, for no reason, provided We furnish You with a 14 day prior notice to this effect/
We will notify You of any such suspension as soon as possible thereafter.
- Withdrawing a Report
You may withdraw Your Report at any time by providing a written notice to 7amleh to this effect to the following email: firstname.lastname@example.org. Upon receiving a Withdrawal Notice, 7amleh will cease handling Your Report and any Claim submitted in connection therewith and may notify the Concerned Parties and the Third-Party Organizations of such withdrawal. 7maleh shall not be responsible for any result and/or implication arising from the withdrawal of Your Report.
- Third Party Sites
These Terms apply only to the Platform. While using the Platform and the Features You may encounter links to third party sites and/or third party content (such as, information, applications and other services) which are not operated or managed by 7amleh (the “Third Party Services”). Please be advised that the Third-Party Services are independent sites, and 7amleh assumes no responsibility or liability whatsoever for them with regard to privacy matters or any other legal matter, including, without limitation, the accuracy or completeness of the content or the opinions expressed in such third party websites. If You decide to use such Third Party Services, including, if You decide to click on a link (on our Platform) to any third party site, You do this at your own risk and responsibility. We encourage You to carefully read the privacy policies and terms and conditions of such third-party sites before using any of the features available on such sites. Such Third Party Services may use their own cookies or other methods to collect information about You.
The Platform and the Features are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 7amleh, on its own behalf, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform and the Features, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance or usage. Without limitation to the foregoing, 7amleh provides no warranty or undertaking, and makes no representation of any kind that the Platform and the Features will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, 7amleh makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Platform are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.
- Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall 7amleh be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software used with the Platform, or otherwise in connection with any provision of these Terms, even if 7amleh has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
You will be solely responsible for any and all liability and/or damage and/or loss and/or cost and/or expenses which results or is alleged as a result of submitting a Report through the Platform.
- Permitted Age
If You want to submit a Report through the Platform, You must be at least 18 years of age or older. Otherwise, a parent or legal guardian may submit a Report as a third party in connection with an Incident involving their child under the age of 18. We cannot and will not take responsibility for misrepresentation by persons as to their age but We may take precautionary measures (as we may determine) that can validate the age of the User submitting a Report.
- Suggestions and Feedback
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by You to 7amleh with respect to the Platform shall remain the sole and exclusive property of 7amleh and You shall have no claims and/or demands against 7amleh in connection to such Suggestions.
7amleh shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
- Changes to the Terms and Conditions
These Terms will govern Your use of the Platform and/or the Features. 7amleh reserves the right to change these Terms (or any part hereof) at any time, so please re-visit this page from time to time. In case of any material change, 7amleh will post a notice on the Platform. Changes to these terms and conditions are effective as of the stated "Last Update” and Your continued use of the Platform and/or Features on or after the Last Update date will constitute acceptance of, and agreement to be bound by, those changes.
Should you have any inquiries, complaints or suggestions, you may contact us at Report@7amleh.org. We will do our best to resolve your issue in a timely manner.
- Governing Law and Jurisdiction