Web site regulations

1. Web site regulations

1.1. The below regulations are to determine the procedure and conditions of using information, news and other materials published on the Factcheck.kz web site (hereinafter referred to as “The Site”), as well as the regulations of using materials by the Site and procedure of communication with the Site administration.
1.2. Any materials posted on the Site are objects of intellectual property (objects of copyright or related rights, as well as rights for means of individualization). The rights of the Site Administration to these materials are protected by the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan On Copyright and Related Rights.
1.3. The republication (copying) of the Site materials is possible without the
permission of the Site administration only in case if it is no more than the first two paragraphs and with the obligatory mentioning of Factcheck.kz and a hyperlink to the original source.
1.4. The rights to use and permit the use of materials posted on the Site belonging to other right holders are allowed with the permission of such right holders or in accordance with the terms and conditions established by such right holders.
1.5. The present Regulations refer to the following users: news agencies, digital and print media, any individuals and legal entities, as well as individual entrepreneurs (hereinafter referred to as “Users”).

2. Use of materials

2.1. The use of the Site materials means full or partial reproduction, distribution, public display, broadcasting, transmission using cable, translation, reworking, communication to the general public and other ways of using provided by the current legislation of the Republic of Kazakhstan
2.2. Any changes and / or additions to the Site materials, as well as any reworking of materials without permission of the Site administration are prohibited. It is prohibited to use phrases from the materials published of the Site partially (out of context) or with distortion of the original meaning.
2.3. Any commercial use of the Site materials by users is allowed on the basis of contracts concluded with the Site administration in a written form or on the basis of a written permission issued by the Site administration.
2.4.Any commercial use (non-contractual / without permission) of the Site photo-, graphic, video, audio and other materials by Users that belong to the Site Administration and other right holders (third parties) is prohibited.
2.5. The cost of using each specific material or issuing a permission to its use should be agreed between the User and the Site Administration in each specific case.
2.6. If it is necessary to use the Site materials the rights to which belong to the third
parties, Users are obliged to contact the right holders of such materials in order to obtain permission to use the materials.

3. Obligations of Users when using the Site materials.

3.1. In case of using the Site materials for any purposes with the permission of the Site Administration, the link to the Site is obligatory and should be represented in the following way:
3.1.1. In print editions or in any other tangible forms, in each case of using materials the Users are obliged to indicate the source “Factcheck.kz” (www.factcheck.kz).
3.1.2. In the Internet or in any other digital forms that are not tangible, in each case of using materials the Users are obliged to publish a hyperlink to the Site “Factcheck.kz” (www.factcheck.kz), so that the hyperlink should be active and direct, and when clicked by the User it should link to a specific page of the Site from which the material is taken.
3.1.3. The reference to the source or hyperlink specified in subparagraphs 3.1.1 and 3.1.2. of the present Regulations should be placed by the User in the beginning of the used text material, as well as also directly under the used audio, video, photo or graphic material of the Site.
The font size of the source link or hyperlink must not be less than the font size of the text in which the materials of the Site are used or the font size of
the User’s text that accompanies audio, video, photo and graphic materials of the Site. And the color of the link should be identical to the colors of the links on the Site and should be visible to the User.
3.2. It is prohibited to rework the original material (or its fragment) taken from the Site in case it leads to distortion of its meaning or loss of the original meaning.

4. Rights to the third-parties’ materials, settlement of disputes

4.1. The materials posted on the Site, the rights to which belong to the third parties, are placed either with the permission of the right holder or, if such use is not directly prohibited, by the copyright holder in accordance with the Legislation of the Republic of Kazakhstan for informational purposes with mandatory indication of the author’s name, the material of whom is used, and the related source.
4.2. In those cases when the authorship information provided in accordance with paragraph 4.1. of the present Regulations contains an error, or the use of material implies an alleged or actual violation of the rights of the third parties, or in other disputable cases of the use of intellectual property objects published on the Site, including the case when the rights of the third party are in one way or another violated when using the Site, the following scheme of settlement of disputes between the third parties and the Site administration is applied:
4.2.1. A claim, containing information about the intellectual property object the rights to which belong to the applicant and which is used illegally on the Site or with violation of the usage rules or the rights of the applicant as an owner of the exclusive right to an intellectual property object published on the Site; are violated by means of the Site, should be e-mailed to factcheck.kz@gmail.com with attaching documents that confirm the rights of
the applicant, information about the right holder and a copy of the power of attorney for actions on behalf of the right holder if a person filing the claim is not a company’s owner or direct right holder in person. The claim should also include a screenshot and address of the Site page that contains data violating the rights and provides full description of the case of the violation of rights. The applicant may also send his or her claim to the Site administration in a written form to the following address: 050040, Republic of Kazakhstan, Almaty, 15B Timiryazev Street, Office # 10.
4.2.2. The Site Administration is obliged to review the properly issued claim within a period of not less than 5 (five) business days from the date of receipt. The Site Administration is obliged to notify the applicant about the results of consideration of his or her claim by e-mailing to the address indicated by the applicant (in case if e-mail address or postal address is not specified, the obligation of the Site administration to respond to the claim is removed). The Site administration has the right to ask for additional documents, certificates, and data to confirm the legitimacy of the filed claim. If the claim is recognized to be legitimate, the Site Administration will take all possible necessary measures to stop the violation of the applicant’s rights and settle the dispute.

5. Settlement disputes

5.1. In any case, the Site Administration takes all possible measures to promptly satisfy the justified claims of the third parties and to strive for the fastest possible settlement of all disputable issues, as well as calls Users for tolerance and constructive discussions

6. User-generated content

6.1.Prior to the publication, the administration of the Site checks the user content, including feedbacks and comments, audio, video and photo materials, to check the compliance with the current legislation of the Republic of Kazakhstan. The Site administration has the right to eject the user-generated content if:
6.1.1. It contains disclosure of information containing state secrets or any other secrets protected by law;
6.1.2. It contains information that promotes suicide;
6.1.3. It reveals the techniques and tactics of anti-terrorist operations during the
period of their conduction;
6.1.4. It contains propaganda of narcotic and psychotropic substances, their
analogues and precursors;
6.1.5. It contains propaganda or agitation for the cult cruelty and violence, social,
racial, national, religious, class and clan supremacy;
6.1.6. It contains materials and information of pornographic and special sexually-
erotic nature;
6.1.7. It violates copyrights and related rights in the Internet.
6.2. The Site administration has the right to reject the user-generated content, if it is used:
6.2.1. To violate conditions of conducting pre-election campaigns;
6.2.2. By foreigners, persons without citizenship, foreign legal entities and
international organizations to perform activities that hinder and (or) facilitate the nomination and election of candidates, political parties that nominated the party list, as well as achievement of certain results in the elections;
6.2.3. To conduct agitation campaigns during the period of their prohibition; 6.2.4. To force to participation or refusal of participation in a strike;
6.2.5. To violate the legislation of the Republic of Kazakhstan related to the organization and conduction of peaceful assemblies, rallies, marches, pickets and demonstrations.

7. Rules for commenting on the Site materials

7.1. By posting a comment under the material on the Site, the User agrees with the Site regulations.
7.2.The comment should not contain obscene and abusive language, as well as offensive and defamatory statements against the third parties and organizations.

8. Other conditions

8.1. Using the right of a public offer, the Site Administration reserves the unilateral right to change the present Regulations at any time without prior notification to the Users. Any changes will be posted on the Site and come into effect from the moment of their publication on the Site.
8.2. In regard to any questions about the use of the Site materials or publication of
advertisements on the Site, Users can contact the Site Administration by the
following e-mail: factcheck.kz@gmail.com.
8.3. In regard to all legal aspects that are not regulated by the present Regulations
and relate to the use of the Site materials, the parties should follow the norms of the Legislation of the Republic of Kazakhstan.