Acceptance of Terms
The purpose of U.S. Embassy Bishkek’s Sites are to provide an informal platform for the U.S. Embassy to provide information to Kyrgyzstanis and American citizens, and for Kyrgyzstanis and American citizens to interact, communicate their ideas, and connect with the U.S. Embassy in an informal, civil manner. We expect critical discussion and debate, which might include both support and criticism of U.S. policy. However, disrespectful or malicious statements about other individuals or groups are not acceptable
Description of service
U.S. Embassy Bishkek Sites operate on the Facebook, Instagram, Twitter, YouTube, and Telegram platforms. They provide its members with a variety of features, including but not limited to: video and photo sharing, access to a community blog, discussion forum, messaging, chat, and notifications of developments in the U.S. Embassy’s events and activities. The U.S. Department of State reserves the right to alter the types of features that the page provides at any time with no notice to network members.
Social Media Pages’ Privacy Policies
You post information, data, messages, or other materials (hereinafter “Content”), and as defined in each platform’s Terms, on each platform at your own risk. Although the platforms allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on each platform will not be viewed by unauthorized persons.
You understand that Content, whether publicly posted or privately transmitted, are the sole responsibility of the person posting or transmitting such Content. This means that you, and not the State Department, accept full responsibility for all Content that you post, email, transmit, or otherwise make available via the Sites.
You agree not to use the Sites in a manner that falls outside of its limited purpose set out in these TOU. For example, you agree not to use these Sites to:
- post or otherwise make available threats of violence or harm to any individual or group; obscene, vulgar, or lewd material; fraudulent statements; terms commonly understood to constitute profanity or abusive or degrading slurs or epithets;
- impersonate any actual person, entity, corporation, government or representative thereof;
- post or otherwise make available any Content that you do not have a right to make available, including but not limited to material restricted by intellectual property or other proprietary rights, material that is classified or otherwise legally protected, or material protected by contractual or fiduciary obligations;
- post or otherwise make available information about yourself or other individuals that could be misused, such as for identity theft, including visa application information (this restriction is intended to protect you and others)
- post or otherwise make available any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- post or otherwise make available any malware or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or designed to gather sensitive information or gain privileged access to private computer systems; or
- stalk, harass or otherwise harm another individual or group.
You agree not to use any portion of the site for commercial gain, including its Content, the use of the site, or access to the site, including by commercially reproducing, duplicating, copying, selling, or reselling.
State Department Content Management
The State Department does not endorse any user-posted Content or otherwise suggest or guarantee the accuracy, integrity, or quality of such Content. You understand that by visiting these Sites, you may be exposed to Content that is offensive, indecent or objectionable. You agree that under no circumstances is the State Department liable in any way for any non-Department-generated Content (including, but not limited to, any errors or omissions in any Content), or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the site.
You acknowledge that the State Department does not pre-screen or otherwise control user-generated Content, but that the State Department and its designees shall have the right (but not the obligation), in their sole discretion, to delete or move any Content, in whole or in part, that violates these TOU.
You acknowledge and agree that the U.S. Department of State may keep a record of users’ violations of these TOU in order to detect patterns of such violations and to ensure that the community remains an open forum for dialogue.
You acknowledge and agree that the State Department may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with Department records retention policies; (c) enforce the TOU; (d) respond to claims that any Content violates the rights of third parties; or (e) protect the rights, property, or personal safety of the State Department, its employees, the Department’s online community members, and/or the public. The Department of State may report violent or threatening content to the appropriate law enforcement agency.
You agree that the State Department has no responsibility or liability for the deletion of or failure to store any messages and other communications or other Content maintained or transmitted by the site.
Special Caution for International Use
You agree to accept responsibility for all personal conduct associated with your use of these Sites, including all content posted or otherwise made available by you. You must evaluate and bear all risks associated with the transmission or use of Content on these sites. Compliance with these TOU and with the Sites’ terms do not guarantee compliance with local and national laws of the country in which you reside. The U.S. Government and Department of State cannot protect individual users from the consequences of violations of the laws of other nations.
Intellectual Property Rights to Content Submitted or Made Available for Inclusion on the Sites
The State Department does not claim ownership of Content you submit or make available for inclusion on the site. Unless the Content explicitly states otherwise, all user-generated content uploaded to this site is provided pursuant to, and accompanied by, a restricted license as follows: user-generated content that is uploaded to the site will not be used for commercial purposes; no derivative works will be made; and full attribution will be given. This license is valid internationally. You specifically agree that you are providing your Content pursuant to this license to the State Department. You agree that your use of other users’ Content will be in accordance with this license.
U.S. Government-generated posted Content, however, may be used or reproduced, provided that it is not used for commercial gain. The State Department has an agreement with the Associated Press (AP) which allows the use of copyrighted AP images on the State Department’s social media sites. The AP maintains ownership and copyright for these images, and the use of them by the State Department does not enter them into the public domain. You agree not to copy, download, or redistribute any AP image found on this or any other State Department social media site.
You agree to indemnify and hold harmless the State Department, officials, agents, grantees or other partners, and the employees thereof, from any claim or demand, made by any third party due to or arising out of Content you submit, post, transmit or make available through the site; your use of the site; your connection to the site; or your violation of the TOU or any rights of a third party and to compensate them for reasonable attorneys’ fees in connection with such claims or demands.
Modifications to Service
The State Department reserves the right at any time to modify or discontinue, temporarily or permanently, the community (or any part thereof). You agree that the State Department shall not be liable to you or to any third party for any modification, suspension or discontinuance of the community.
You agree that the State Department, in its sole discretion, may terminate your access to the community, and remove and discard any Content within the community, for any reason, including, without limitation, if the State Department believes that you have violated or acted inconsistently with these TOU (see paragraph 6, Member Conduct). You acknowledge and agree that any termination or suspension of your access to the community under any provision of these TOU may be affected without prior notice. Further, you agree that the State Department shall not be liable to you or any third party for any termination of your access to the community.
Links to External Sites
All State Department content available on these Sites will be compliant with Section 508 of the Rehabilitation Act, which addresses the accessibility of content to persons with disabilities, “unless an undue burden would be imposed on the department or agency.”