Welcome to the website for the audiovisual archives of the Hong Kong Accountability Archive (the
“HKAA”). The HKAA is an independent organization whose mission is to preserve and memorialize
audio-visual documentation of human rights violations committed in Hong Kong during the protests
and assemblies in 2019 and 2020, with a particular focus on violence resulting from the excessive
use of force by the police during those protests. The HKAA endeavors to seek justice for suffering
experienced by victims of the violence by promoting and strengthening human rights law and
universal human rights principles.
-
-
Regardless of whether or not you become a registered user (“you”), by accessing and using our
website, you agree to be bound by these General Terms and Conditions of Use (“Conditions”), which
you declare you have read and understood.
-
The HKAA reserves the right to amend or change these Conditions at any time, in its sole
discretion. It is up to you to consult them regularly on this website to keep yourself informed of any
changes.
-
By using the website you accept that the mere fact of publishing revised Conditions on it is
sufficient to make any alteration or revision effective with respect to you. Your continuing to use the
website after a change means that you accept these alterations.
-
Some of the content on the website may be upsetting for some people. The HKAA cannot
guarantee that you will not be exposed to this content if you visit this site.
-
-
You do not need to register in order to view the public information on the website.
-
To access the privately held content, however, you do need to follow the request process, using
the form provided. You undertake to provide correct, accurate, up-to-date, complete information
about yourself, as requested by the required request form. If you provide details that are incorrect,
inaccurate, outdated or incomplete, or if the HKAA has reasonable grounds for thinking that you
may have done so, or has reason to believe that you have not complied with some provision set out
in these Conditions, it shall be entitled to deny you the use of the website (or any part of it), now or
in the future, without having to justify its decision.
-
-
The HKAA authorizes those using the website to access the publicly available content for their
own personal use. For any other use (including commercial use), prior authorization in writing must
first be obtained from the HKAA. Access to privately-held content is authorized only through the
request process and usage of such content remains subject to the restrictions listed directly below.
No matter how you use the website, you undertake:
-
not to jeopardize the HKAA’s independent humanitarian work;
-
not to alter the content of the website, or related references, in any way whatsoever;
-
to cite the source, the authors, the title or the caption, the date and the reference.
You may not under any circumstances:
-
sell the content of this website (photos, film/video footage, sound recordings or their descriptions);
-
incorporate the content into any database (commercial or otherwise); or
-
change how a film or video is edited.
-
You undertake not to infringe on any legal provisions and not to use the website for any illegal
purpose; not to introduce any false, incomplete or inaccurate information into it; not to introduce
any virus, Trojan horse or any other program designed to cause damage, produce a harmful effect,
or intercept or counteract any system, piece of data or personal information.
-
-
The website and its content (texts, images, sound, photos, film footage, music, data, logos,
brands, software, etc.) are protected by intellectual property rights, in particular copyright and
related rights, and by rights vested in individuals, in particular the right to control the use of one’s
voice and one’s image. The website and its contents are the exclusive property of the HKAA and/or
of the rights-holders.
-
The HKAA has made every reasonable effort to clarify copyright and find the rights-holders for
certain documents about which it had doubts. If, while using the website, you should become aware
of a potential violation of the above rights or any other rights, please contact us immediately at
info@hkaccountability.org. The HKAA undertakes to remove provisionally, and as quickly as
reasonably possible, any contentious record brought to its attention.
-
Where one of the above rights, or any other right, is infringed – and in particular where rights-
holders have put forward a valid objection to the use of the contentious record on the website – the
HKAA undertakes to remove the contentious record from the website for good.
-
The HKAA reserves the right to alter or shut down the website (or any part of it) temporarily or for
good, with or without notice. You agree that the HKAA shall not be answerable to you or to any third
party for any alteration to or suspension or cessation of the website or service. Any part of the
content may be obsolete at any time without the HKAA's being in any way bound to update this
content.
-
You agree that the HKAA may, at its sole discretion, cancel your use of the website and remove
and/or delete any record from the website for any reason whatsoever – in particular if the HKAA
considers you have breached a provision of these Conditions – without prejudice to the other means
available to the HKAA in the event of an infringement of these Conditions. The HKAA may also
withdraw the website or any part of it, at its sole discretion and at any time, with or without notice.
You agree that your access to the website may be suspended without notice, by virtue of any
provision in these Conditions. You further agree that the HKAA shall not be answerable in any way to
you or to a third party for any cancellation of your access to the website.
-
-
You access and use the website solely at your own risk. The website and its content are provided
as is and as available. The HKAA gives no guarantee, whether express or implied, as to the quality or
availability of the website or its content or their fitness for a particular purpose, and you agree not
to rely on any such guarantee.
-
The HKAA makes no representation or warranty that (i) the website or its content will meet your
needs, (ii) the website service will be uninterrupted, punctual, secure or error-free, (iii) the results
obtained by using the website will be accurate or reliable, or that (iv) any error of content will be
corrected.
-
You access any document or record or obtain it in some other way through the use of the
website at your own risk, and you alone will be liable for any damage caused to your computer
system or for any loss of data resulting from the downloading of such documents or records.
-
No information, whether oral or written, obtained by you from the HKAA either by means of or
from the website shall create a guarantee or any other obligation not expressly indicated in these
Conditions, and the HKAA disclaims any liability for any trust placed in such information by any
visitor to the website, or by any person who may be informed of any part of its content.
-
You undertake to indemnify the HKAA, its partners and employees, from and against any and all
liabilities, losses, damages, claims, penalties, fines, fees and expenditure, including but not limited to
reasonable lawyers' fees, arising out of: (i) your use of or access to the website, including but not
limited to any content thereof, or your connection to the website, or (ii) your failure to comply with
any of the provisions set out in these Conditions.
-
You acknowledge and expressly agree that the HKAA is not liable for any direct, consequential,
incidental, particular or resulting damage, nor any punitive damages, including, inter alia, damages
for loss of earnings, loss of customers, loss of enjoyment, loss of data or other intangible benefits
(even where the HKAA has been notified of the possibility of damage) resulting from: (i) the use of
the website or the impossibility of using it, (ii) the cost of purchasing replacement goods or services
arising from any goods, data, information or services purchased or obtained or messages received or
transactions concluded by means of or from the website, (iii) unauthorized access to your data
transmissions or the alteration thereof, (iv) statements by or the behavior of any third party on the
website, (v) results given on the website or any websites linked to it or any documents published on
it, (vi) any infringement of the rights of third parties, in particular copyright, related rights or the
rights of the individual, whether directly or indirectly linked to the use of the website or its content,
(vii) any shortcomings in the archives ordered, or (viii) any other issue relating to the website.
-
-
In some jurisdictions it is not permissible to exclude certain guarantees or to limit or exclude
liability for incidental or consequential damages. Accordingly, some of the restrictions mentioned in
these Conditions may not apply to you.
-
Where your rights and the exclusion or limitation of liability are concerned, these Conditions
shall be subject to the mandatory legal provisions applicable.
-
-
These Conditions constitute the entire agreement between you and the HKAA concerning their
subject; they cancel and replace all previous agreements, arrangements and undertakings of any
kind between you and the HKAA on this subject, whether oral or written. You may be subject to
additional conditions of use which may apply when you use the services of affiliated companies,
third-party content or third-party software.
-
The fact that the HKAA does not implement or enforce any right or provision set out in these
Conditions shall not constitute a waiver of that right or provision.
-
If a provision in these Conditions is ruled to be null and void, the parties nevertheless agree that
their intentions, as apparent from the provision, shall be carried out to the fullest extent possible
and that the other provisions in the Conditions shall remain in full force and effect. The titles of the
sections in these Conditions are designed merely to make them easier to consult, and have no legal
or contractual effect.
-
You may not assign or transfer any of your rights or obligations or sub-contract the fulfillment
of any of your obligations under these Conditions. The HKAA may assign or transfer any right or
obligation, or sub-contract any of its obligations under these Conditions, to any third party, at any
time, without your consent (this consent being given by these provisions).
-
-
Any relations between you and the HKAA shall be governed by substantive law of the state of
New York.
-
Any dispute arising in connection with these Conditions must be settled by arbitration in the
state of New York, United States of America, and the arbitration hearing shall be held in English.