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Sunday, April 4, 2010
Taxi Taxi
It's a heat map showing frequency of cab pick-ups at every single block of Manhattan for every single hour of the entire week. Animatable. Zoomable. Rolloverable for the specific number for any single block and a corresponding graph for the entire week. Really just a gratuitous display of data triumphalism from the Times who, one senses, are just sort of showing off at this point. This map, for instance, doesn't really tell you anything you don't already know - people take cabs in Midtown during the day, in the Village at night. But if you're of a certain bent you might find the sheer detail and comprehensiveness of the presentation here sort of jarring.
It does seem like we're approaching a point, rather rapidly, where almost any information about spatial conditions, processes, or events can be instantly translatable into cartographic form. I am looking forward to the day when I can zoom in close enough on Google Earth to see a real time image of myself sitting at the computer using Google Earth. The image will narrow in on the computer screen... closer, closer, until-
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... The earth caves in on itself.
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Advancing U.S. Interests Through the OSCEStephen G. Rademaker, Assistant Secretary of State for Arms Control
Remarks to the Commission on Security and Cooperation in Europe
Washington, DC
September 15, 2004
Mister Chairman, distinguished members of the Helsinki Commission, I would like to build on the information just presented by my colleague, Assistant Secretary Beth Jones, by addressing, in a bit more detail, some of the security issues facing the OSCE today. I will focus on some of the work being done in the OSCE's Forum for Security Cooperation, or FSC, highlighting the role played by the U.S. Chairmanship of the FSC in late 2003.
Let me mention a few of the security issues we are looking at: arms control, disarmament and confidence- and security-building measures, or CSBMs; security dialog; Code of Conduct; non-proliferation; terrorism; small arms and light weapons; ammunition stockpiles; MANPADS. Some of these are very familiar to Commission members, as they were addressed by the Helsinki Final Act. Others reflect new concerns in the 21st century. But all are part of the FSC agenda.
Since the FSC was established by the 1992 Helsinki Summit to strengthen security and stability within the OSCE community of states it has done just that. Its work program and the fundamental tasks outlined therein reflect the FSC's commitment to transparency and stability in the traditional political-military sphere of security, where conventional armed forces are involved or affected. The challenge for the political-military dimension in recent years has been to broaden the scope of work to be able to address the range of threats and security issues facing us in the 21st century while, at the same time, complementing the work of the OSCE's Permanent Council in these areas. Let me describe how the FSC is facing both of these aspects under its responsibility.
One enduring legacy of the political-military dimension of the OSCE is the range of CSBMs in place in Europe and Eurasia today. The first such measures date back to Basket One of the 1975 Helsinki Final Act, and the most recent are set forth in the Vienna Document 1999. Implementation of arms control agreements and CSBMs is not a single event frozen in time; it requires constant nurturing and attention. OSCE is a forum designed to provide that enduring attention. Delegations are encouraged to raise implementation issues during FSC meetings, which take place weekly. In addition, the FSC holds annually in March an Implementation Assessment Meeting to review the record of implementation of the Vienna Document and other OSCE security commitments.
The record of implementation and discussions during these annual meetings shows that the Vienna Document 1999 is functioning well and is effectively fulfilling its intended purpose of providing a useful mechanism to enhance transparency and build confidence among the participating states. You are aware that the range of measures in the Vienna Document allows OSCE states to share information about the size of their military forces and defense budgets, and also provides an opportunity to show how some of those forces operate. The underlying premise of these CSBMs, of course, is that transparency about another state's military forces and activities will allow states to avoid possible misinterpretations regarding those forces. We see the success of these measures in their continued, and increased, implementation each year. More states are now conducting Vienna Document inspections and evaluation visits--and not just those countries we think of as traditional arms control states. Just last week, for instance, Albania conducted an inspection in Sweden. The continued importance of maintaining a level of transparency about military forces is reflected in the institution of a number of regional and bilateral arrangements within the OSCE region that complement the Vienna Document by providing for more extensive exchanges of information and additional verification opportunities.
The Vienna Document 1999 and other OSCE documents and commitments deal with the whole OSCE area and all OSCE states. However, some documents of key importance for military security in Europe were adopted by--and apply only to--some of the OSCE participating States. This is the case with the Treaty on Conventional Armed Forces in Europe, or CFE, and the Treaty on Open Skies. While implementation of these two Treaties is discussed in fora outside of the OSCE, OSCE states have long recognized that vigorous implementation of this type of security agreement can have a positive impact on overall security and stability in Europe, not just the security of those states that are parties to these agreements. Accordingly, OSCE member states regularly address the importance of these two treaties in Ministerial and Summit declarations.
Let me focus briefly on CFE. You will recall that the CFE Treaty, signed in November 1990, established parity in major conventional forces and armaments between East and West--that is, between NATO and the Warsaw Pact--from the Atlantic Ocean to the Ural Mountains. In November 1999, the 30 CFE States Parties signed the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe at the OSCE Istanbul Summit. A/CFE, as we refer to the Adaptation Agreement, would supercede the CFE Treaty to take account of the evolving European geo-strategic environment and the end of the Cold War. Following entry into force of the Agreement on Adaptation, other OSCE participating States with territory in the geographic area between the Atlantic Ocean and the Ural Mountains will be able to apply for accession to the Treaty.
At the time A/CFE was signed, Russia made certain commitments to withdraw military forces and equipment from Georgia and Moldova. Specifically, Russia promised at Istanbul to withdraw its CFE treaty-limited equipment, or TLE, from Moldova by the end of 2001 and its forces from Moldova by the end of 2002. With regard to Georgia, Russia promised to withdraw or destroy CFE TLE in Georgia in excess of agreed levels by the end of 2000, to withdraw from and disband two military bases (Vaziani and Gudauta) by July 2001, and to negotiate with Georgia the duration and modalities of other Russian military bases (Batumi and Akhalkalaki) and facilities.
The United States and our NATO Allies, as well as a number of other Treaty partners, have agreed that we will not move to ratify A/CFE until Russia fulfills its Istanbul Summit commitments regarding withdrawal of its forces from Georgia and Moldova. Recognizing the magnitude of this undertaking, the OSCE agreed to establishment of a voluntary fund in order to help with the costs associated with the Russian military withdrawal. As I'm sure you are aware, the United States has contributed significantly to this fund.
Unfortunately, after nearly 5 years and despite this assistance from the international community, Russia has not yet met its Istanbul commitments. Russia needs to complete withdrawal of its military forces from Moldova as soon as possible and to reach agreement with the Georgian Government on the withdrawal of its remaining forces on Georgian territory. Russia remains eager to bring the A/CFE agreement into force, as evidenced by the Russian State Duma's approval in June of a bill ratifying A/CFE--which was signed into law by President Putin on July 19. We anticipate that Russia will formally deposit its instrument of ratification of A/CFE in the near future, and then reinvigorate efforts to persuade other CFE states parties to do likewise. Our position is clear, however: there is no shortcut to entry into force of the A/CFE agreement that does not involve full implementation by Russia of the Istanbul commitments. We will continue to urge NATO states to remain firm in pressing for Russian fulfillment of its obligations and to withdraw its forces from both Georgia and Moldova, and we will continue working with the OSCE and other partners to facilitate such withdrawal.
In addition to reviewing implementation of the Vienna Document 1999 and relevant security agreements, the FSC has played a role in developing norms and standards with respect to the political-military dimension. The most significant of these is the Code of Conduct on Politico-Military Aspects of Security adopted by the 1994 Budapest Summit. The Code describes the proper role of the armed forces in a democracy, including civilian control, the necessity for transparency and public access to information related to the armed forces, and the importance of adherence to international humanitarian law. Each year at the FSC, OSCE states provide information on their implementation of the Code of Conduct. This FSC work on the Code of Conduct is augmented by seminars and other events conducted by the OSCE Secretariat and individual states--typically in southeast Europe, Central Asia and the Caucasus--to promote adherence to the principles contained in the Code of Conduct.
The FSC continues to execute effectively its tasks related to conventional armed forces. A significant level of transparency already has been achieved, but this does not mean we no longer need these tools. In fact, the continued successful implementation of these measures provides a fundamental support for the existing stability among OSCE states. The biggest challenge for the FSC in recent years has been to find a way to address new threats and issues while still addressing these "traditional" responsibilities. It was against this backdrop that the U.S. took its turn as Chairman of the FSC from September through December 2003.
A major focus of work in the OSCE last fall was development of the OSCE's Strategy to Address Threats to Security and Stability in the Twenty-First Century, approved at the Maastricht Ministerial last December. In considering the political-military dimension for development of that Strategy, we emphasized the need to broaden the FSC's focus to incorporate new threats and challenges into its already established arms control and CSBM portfolio. The reasons why are simple. Traditional arms control and CSBM measures address inter-state relations and the lawfully constituted armed forces of those states. However, the new threats to security and stability we face in the OSCE region tend to be of an entirely different character: threats posed by non-state actors, threats emerging outside the OSCE region and exported into it, and threats which are generally not of a conventional military nature, but rather threats of terrorism, proliferation, or organized crime. One could say that we have entered a period in the OSCE when the threats on our borders have diminished, but increasingly we have no borders on our threats.
Building on the work of the OSCE to frame its new Strategy document, the U.S. wanted to enhance the security dialog task of the FSC to broaden the Forum's focus during our chairmanship. The advantage of the security dialog function is that it allows the FSC to thoroughly explore and discuss a topic with no predetermined expectation of follow-up action, such as agreement on new measures. As a result, the FSC can frame the dialog, as appropriate, for any particular topic. The U.S. Mission, working closely with Washington agencies, used our Chairmanship to reinvigorate the security dialog and make it a more useful tool for the OSCE. We focused on three areas that would address U.S. security concerns and help OSCE participating states as well: non-proliferation, the man-portable air defense systems--or MANPADS--threat, and Civil-Military Emergency Preparedness.
First, non-proliferation. During our Chairmanship, and working with subsequent FSC Chairman, the U.S. arranged for a number of sessions that allowed OSCE states to be made aware of the risks, challenges and on-going efforts to combat the proliferation of weapons of mass destruction. Representatives from the International Atomic Energy Agency, the International Institute for Strategic Studies, and the OSCE Actions against Terrorism Unit were among those providing insights into the non-proliferation activities of other international organizations. The FSC does not want to impede these ongoing efforts in any way, but remains seized of the issue in order to determine whether and how it can contribute to non-proliferation activities already undertaken by others.
Second, MANPADS. The FSC has led OSCE efforts to address the threat from MANPADS. In 2003, the OSCE took action in response to the G-8 decision at its meeting at Evian, France, regarding effective and comprehensive controls for MANPADS. The FSC called upon participating states to use existing mechanisms under the OSCE Document on Small Arms and Light Weapons--or SALW--to destroy excess MANPADS and to ensure their security and avoid illicit transfers. In 2004, the FSC continued its search for a meaningful contribution to address the MANPADS threat. The result of these efforts was adoption by the OSCE of the Wassenaar Arrangement's Elements for Export Controls of MANPADS. This action by the OSCE almost doubled the number of countries that had agreed to apply these stringent controls on MANPADS. The membership of the OSCE permits it to make a unique contribution to global security initiatives. Sometimes, as was the case with export controls for MANPADS, the OSCE can build on work done by smaller or specialized organizations, resulting in a wider application of valuable agreements. At other times, the OSCE can build on global initiatives, adding European/Eurasian specificity and setting an example for other regions. As with non-proliferation, the FSC will keep MANPADS on its agenda and continue to search for further contributions.
Third is the issue of Civil-Military Emergency Preparedness. Under U.S. Chairmanship, the FSC hosted a day-long discussion on this topic which is increasingly important in today's world. Under Secretary Brown of the U.S. Department of Homeland Security provided the keynote presentation. A rich array of speakers from the UN, NATO, the EU and a number of countries elaborated on their programs and suggested ways in which the OSCE might play a non-duplicative role. The goal of this particular dialog session was to share information and expose OSCE delegations to the range of issues associated with emergency preparedness--in other words, to provide transparency. Delegations welcomed the straightforward approach of the participants and did not worry about trying to devise new OSCE standards. It is possible that related discussions may occur at a later time in the FSC, but nothing is currently on the agenda. Bringing this topic to the security dialog demonstrated a key aspect of the FSC's security dialog: knowledgeable experts may engage in substantive discussion in a setting that may or may not lead to follow-on activity.
Before concluding, let me turn to yet another aspect of the work of the FSC with the potential for tangible results.
You may recall that in November 2000, the FSC adopted the OSCE Document on Small Arms and Light Weapons. As with several other FSC documents, this one establishes norms and standards for the OSCE states, as well as transparency measures related to exchanges of information. In 2003, the FSC endorsed voluntary contributions by a number of participating States to produce eight "best practice guides" to elaborate on specific aspects of the Small Arms Document. For ease of use, these guides were published as a single reference document, the OSCE Handbook of Best Practices on Small Arms and Light Weapons, which is available in all six OSCE languages.
At present, the FSC continues work to enhance the standards set by the Small Arms Document, with the immediate focus on establishing common standards for end-user certificates when exporting small arms and light weapons. This will greatly improve the ability of OSCE states to verify the end-use and end-user of any exported small arms. Initiated by the U.S., the actual proposal before the FSC was co-sponsored by Russia, Turkey, Hungary and Finland (representing the European Union), demonstrating the widespread interest among OSCE states in building on the standards set by the Small Arms Document. A related task on the FSC agenda is to establish principles to govern the brokering of small arms and light weapons. Illicit brokering is recognised as among the main factors facilitating the illegal trade in small arms and light weapons around the world. Only some 20 countries worldwide have national legislation in place in this field. Development of this set of principles by the FSC will enhance existing initiatives and efforts at the national, regional, and global levels and allow for increased international cooperation in preventing, combating, and eradicating illicit brokering in small arms and light weapons.
Another key element of the OSCE Small Arms Document is that it provides a basis for the OSCE, through the Permanent Council and the FSC, to respond to requests for assistance on a range of small arms issues, such as security and management of stockpiles, disposal of small arms, and border controls to reduce illicit trafficking in small arms. The FSC developed a plan of action for responding to such requests that was subsequently endorsed by the Permanent Council. With this procedure in place, OSCE states have begun to request OSCE assistance in destroying and controlling excess small arms. A request from Belarus in 2003 resulted in the visit of an OSCE assessment team to Minsk to determine the viability of an OSCE small arms project there. Despite Belarus' lamentable human rights record, the U.S. decided to participate in this assessment visit and use it as an opportunity to advance efforts to control (and destroy excess) MANPADS. A project team is being organized to begin work on a specific project plan for Belarus, and we are making every effort to ensure that its mandate includes destruction of MANPADS. In the meantime, the OSCE will begin to examine the latest request for small arms assistance--received from Tajikistan in July of this year.
A major accomplishment of the U.S. Chairmanship of the FSC in 2003 was completion of its work on the OSCE Document on Stockpiles of Conventional Ammunition. As you know, there are huge quantities of excess munitions remaining from the end of the Cold War, mainly in the countries of the former Soviet Union. Following on its work with small arms, the FSC was the obvious body to address the security risk arising from stockpiles of conventional ammunition, explosive material and detonating devices in surplus and/or awaiting destruction in the OSCE area. The OSCE Stockpiles Document, as it is more commonly known, establishes a mechanism that allows participating States to request international assistance to either destroy or better manage and secure these stockpiles. The Stockpiles Document is the newest tool in our box and emphasizes the FSC's interest in finding concrete and practical solutions to ongoing security issues in the OSCE region. The OSCE has already received requests for assistance under the Stockpiles Document from four states: Ukraine, Russia, Belarus, and Tajikistan. A special experts meeting will be held in Vienna later this month to gain more insights into the precise assistance being requested and to examine options of coordinating with other international organizations to provide assistance.
I'd like to come back once again to the CSBMs contained in the Vienna Document 1999. Time and time again we hear from other parts of the global community about the importance of establishing and maintaining a secure environment based on trust, especially with regard to military forces and activities. Often, the Vienna Document 1999 is specifically cited for its comprehensive system of transparency measures. Two of the OSCE's Partners for Cooperation, Korea and Japan, have demonstrated their belief that Asia has something to learn from the OSCE. They have both held seminars on security issues that provided a focused review of Vienna Document 1999 CSBMs and their possible applicability to Asia, the most recent of which took place last March in Tokyo.
We in the State Department recognize the value our OSCE experience brings to questions related to regional security. Until earlier this year, the Political-Military Affairs Bureau was charged with promoting CSBMs and regional security issues for other parts of the world. We have now brought that function to the Arms Control Bureau. Close coordination within the Bureau allows us to capitalize on the experience of our OSCE experts as we pursue CSBMs elsewhere in the world.
Mister Chairman, the Forum for Security Cooperation, like all other bodies in the OSCE, is a consensus body. This naturally limits what any one country can accomplish, especially when we consider the range of views held in an organization of 55 members. The OSCE--and, by extension, the FSC--is fundamentally about politically binding norms and standards. It has no enforcement capability.
But, the FSC remains a useful forum for the United States. In addition to the norms, standards and measures the FSC has established, it offers a venue for its 55 members to discuss--in open forum or in smaller groups--issues of national interest. That, in and of itself, is a valuable confidence- and security-building measure. I hope I have been able to show you that as a result of the U.S. Chairmanship in the autumn of 2003, the work of the FSC has been broadened to encompass some key U.S. security interests. I have every expectation that we can continue to address U.S. security interests in the FSC, as it is clear that these topics are also vitally important to the other members of the OSCE.
Released on October 13, 2004

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*Changes from the prior version will generally be highlighted below for at least one month.
Welcome to Kiva Microfunds, a California non-profit public benefit corporation (together with its affiliates, officers, directors, agents, employees, representatives, partners and their respective affiliates, collectively, "Kiva"). This Terms of Use ("Agreement") is a contract between you ("you") and Kiva and governs your access and use of the kiva.org website and all other websites owned and operated by Kiva that have this Agreement posted (collectively, the "Website"), including, but not limited to, all transactions conducted on the Website and all Kiva services provided in connection with the Website. By accessing or using the Website, you signify that you have read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy), and you agree to be bound by this Agreement, whether or not you participate in Kiva's microlending program or related programs, services or activities (collectively, the "Program") or otherwise access or use the Website (in each such capacity, a "User"). If you do not agree with all of the terms and conditions in this Agreement, please do not participate in the Program or access or use the Website.
This Agreement supersedes any previous agreement to which you and Kiva may have been bound. This Agreement may be modified by Kiva in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Kiva on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Kiva account, if any, as outlined in Section 9 below, and please immediately stop participating in the Program and accessing and using the Website.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Kiva has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You may receive a written copy of this Agreement by emailing us at: firstname.lastname@example.com, Subject: Kiva Terms of Use Agreement.
Kiva manages the Website, which matches you and other persons (each, a "Lender" and, collectively, "Lenders") with under-banked or low-income borrowers and social enterprises in various countries (each, a "Borrower" and, collectively, "Borrowers") in need of affordable capital. In most instances, these Borrowers are considered "high risk" by traditional lenders for a variety of factors, including, but not limited to, the Borrowers' lack of credit history, the use of the loan proceeds for entrepreneurial endeavors including investment in a "start up" business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations. Please carefully review the Website section entitled "Risk and Due Diligence" which highlights the various risks associated with lending online through Kiva and explains in greater detail the role played by Kiva and the Field Partners (defined below in this Section 1).
By participating in the Program or otherwise accessing or using the Website, you hereby acknowledge and agree that (a) Kiva makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Website will be repaid in whole or in part, (b) loans and other similar transactions made via the Website (each, a "Loan") are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will lend only those amounts on the Website that you can afford to lose. Loans made via the Website are philanthropic in nature with no offered rate of return and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security. Loans made via the withebsite are not cancellable or refundable by the User.
1.1 Loan Disbursement. You understand that Loans are not made directly to Borrowers and that Kiva identifies existing domestic and international organizations (each, a "Field Partner" and, collectively, "Field Partners") that work in underbanked or low-income communities and generally have a stated mission to reduce poverty by providing affordable working capital to underbanked or low-income borrowers. Loan requests are posted in cooperation with such Field Partners and are, before being listed on Kiva, converted to US Dollar amounts as necessary and then rounded up to the nearest US Dollar increment of 25, to help streamline the Loan transaction process. Funds loaned by you, the Lender, will be delivered to Field Partners for ultimate disbursement to, or backfilling of Loans to, the Borrower(s) you have selected. In certain cases, Borrowers may receive goods and services funded by Loan amounts, such as agricultural packages, from Field Partners, instead of the monetary amount of the Loan. A Field Partner may voluntarily choose to pre-fund your Borrower in the short-reduce the time the Borrower needs to wait until the Loan is funded on the Website and the funds are delivered on a net billing basis to the Field Partner. Kiva serves as a middle-man in the process and aggregates funds from multiple Lenders via the Website and delivers 100% of these funds on a net billing basis (excluding the interest earned, if any, on such funds while they are held in a Kiva user loan funds account, which interest is contributed to fund Kiva's operations) to the Field Partner(s) for disbursement to the Borrowers selected by Lenders for funding on the Website. Please note that many Field Partners require mandatory savings as part of their transaction process to serve as collateral, which savings may help ensure that Borrowers are able to accumulate cash and represent a good risk. In certain cases, mandatory savings (and fees) are netted by Field Partners against the Loans forwarded by Kiva.
1.2 Loan Collection and Repayment. Loans are repaid directly by the Borrower(s) to the Field Partner(s). As Borrowers repay the Loans, the Field Partner(s) will post a record to the Website of such repayments actually received by the Field Partner(s), and it is the responsibility and obligation of the applicable Field Partner(s) to pay over such collected Loan payments to Kiva.In some cases (for example, for Loans in India), the records of repayments are not posted on the Website as the Borrowers repay the Loans, as a result of certain system and country regulatory constraints. Repayments may be made in periodic installments, depending on the terms of the applicable Loan. In some cases (for example, for Loans in India), repayments may only be provided at the end of a fixed term (for example, after 43 months), as a result of certain system and country regulatory constraints. Except as may be provided in Sections 1.5 ("Principal Loss Scenarios"), Section 1.9 ("Promotional Products"), Section 1.10 ("Free Trial Feature"), Section 1.12 (Bonuses Feature"), Section 1.13 ("Donor Advised Fund") and Section 1.14 ("Dedicate a Loan Feature") below, any amounts actually received by Kiva from a Field Partner(s) as repayment by the applicable Borrower(s) will be distributed among the Lenders on a pro rata basis in accordance with the amounts loaned by such Lenders to such Borrower(s). These distributions may, in Kiva's sole discretion, be made periodically or in one lump sum once 100% of all Loan proceeds for a particular Loan have been received by Kiva. Furthermore, please note that timing of distributions to Lenders of any collected repayment may vary and may be materially impacted because of circumstances that, in Kiva's judgment, require Kiva to conduct further reviews with respect to the collected repayments (by way of one example, to resolve issues regarding accuracy of repayment amounts and corresponding data, or for other issues). If, for any reason, the Field Partner(s) are unable to collect Loan repayments directly from the Borrowers or if Kiva, for any reason, is unable to collect Loan repayments directly from the Field Partner(s), repayment of your Loan amounts could be at risk of partial or total delay or non-repayment and a loss of some or all of your principal could occur. You hereby acknowledge and agree that neither the Field Partner(s) nor the Borrower(s) will have direct contractual obligation or liability to pay you any principal and that Kiva is obligated to repay only such Loan principal to the extent actually received by Kiva from a Field Partner with respect to a Borrower (subject to the conditions noted above). None of Kiva, its Field Partner(s) or any Borrower will have any obligation to pay interest on the Loan or other fees or amounts (other than as expressly set forth above) to you or any other Lender in connection with any Loan you make. At this time, Kiva does not charge interest on any Loans posted on the Website. However, you should note that Field Partners charge interest and fees to Borrowers to, for example, cover their operational expenses.
1.3 Tax Deductibility. You understand that Kiva is a non-profit public benefit corporation. Kiva has received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. You acknowledge, however, that because you are making a Loan and not donating any money, you are not eligible to receive a tax deduction as might otherwise be available in connection with a charitable contribution to a tax-exempt public charity. You also understand that you are solely responsible for determining the proper tax treatment for any Loan you make through the Website and the Program. Kiva has not and will not provide any tax or legal advice to you in connection with any Loan you might make. This Agreement does not attempt to define the tax implications of participating in the Program. If you participate in the Program, you should consult with your own accountants, tax advisors and legal advisors.
1.4 Loan Records. Records of each Loan you make (including this Agreement and any repayment history) are kept by Kiva and, if you have a registered account with Kiva and upon your written request, will be made available to you at any time throughout the term of the Loan. The amount of funds you have available in your Kiva account that you have deposited -- whether from your personal funds or value from a Kiva Card microloan product -- and is freely available to be lent ("Kiva Credit") can also be accessed via your Kiva online account created upon registering at the Website.
1.5 Principal Loss Scenarios. You understand and hereby consent (without any prior notice thereof) to any restructuring of the repayment plan for your Loan and/or, in Kiva's sole discretion, any extension of the length of the term of your Loan in order to increase the chances that your Loan is repaid or that amounts of your Loan are repaid. Kiva will generally deem a Loan to be in default if Kiva determines that collection of funds from a Field Partner for such Loan is doubtful or the cumulative amount repaid as of a quarterly reconciliation is less than the amount expected as of six (6) months prior, although case by case differences may exist based on pending prospects for repayment of the Loan and depending on country context and related system and regulatory constraints. In cases where a Loan is in default, and subject to the distribution timing provisions noted in Section 1.2 (Loan Collection and Repayment) above, each applicable Lender will have the option to recover whatever principal has been repaid up to that point.
For Loans made in local currencies other than the US Dollar, Kiva gives Field Partners the option to have Lenders share the risk of principal losses resulting from currency exchange rate fluctuations. Field Partners may require Lenders to bear any losses due to the appreciation of the US Dollar by over 10% relative to the local currency in which the Loan was made. The loan profile for each Loan on the Website specifies whether the applicable Field Partner will cover all losses from currency fluctuations, or whether Lenders will be required to share the risk of currency exchange rate losses.
If for any reason less than 100% of your Loan is repaid, you agree that Kiva and its Field Partners (as well as any "related Field Partner entity" – for example, one that as part of a restructuring or otherwise, assumes control over such a Field Partner, its assets and/or its obligations) shall have no liability therefor, and you hereby release and forever hold harmless Kiva and its Field Partners and any "related Field Partner entity" for any loss you may incur. You should consult with your accountant and/or tax advisors to determine the appropriate tax treatment of such a loss.
1.6 Insufficient Lender Funds. In the event that you make a Loan and your payment does not clear (e.g., an eCheck does not validly deliver to Kiva the full amount of the intended Loan, or your payment provider reverses a payment originally intended for Kiva), you agree that Kiva may, in its sole discretion, (i) offset the amount of the insufficiently funded Loan against your Kiva Credit or (ii) withdraw and cancel your insufficiently-funded Loan from your account as not paid in full.
1.7 Auto-lending; "Pick a Loan" Feature.Without in any way limiting the earlier provisions of this Section 1, Kiva may implement Website features pursuant to which a User may – in lieu of manually accessing his or her registered account to specify a Loan or Loans to make – establish account settings to automatically make Loans based on the User's prior instructions and without further direct input from the User, based on User-selected preferences, the amount of Kiva Credit available in the User's account, and other business factors, such as the availability of Loans on the Website and other parameters as may be determined by Kiva in its sole discretion. To the extent a User chooses to activate the auto-lending feature on the User's registered account (whether by manually changing settings by logging into a User's account, activating auto-lending via more automated tools that Kiva may offer from time to time such as via email or other electronic communications, or by otherwise contacting Kiva), and depending on the particular preferences selected by the User, any and all available Kiva Credit at any time in such User's account (including, but not limited to, repayments on previously made Loans or new Kiva Credit otherwise deposited into the User's account) may be subject to being automatically deployed under the auto-lending program. You understand and acknowledge, however, that a User's activation of the auto-lending choice on such User's account does not necessarily guarantee that Loans will be successfully made. Variables such as a User's particular set of auto-lending preferences, or the general availability of Loans not already funded through manual selection by other Kiva Users, or other feature parameters as established by Kiva in its sole discretion, may impact the chances of an automatic Loan being made. You further acknowledge and agree that any Loans transacted under the auto-lending feature are in all respects Loans voluntarily made by you as the User, based on your instructions as reflected in your preference settings simply executed by the Kiva system and subject to overall availability of Loans and other feature parameters, and are under no circumstances to be considered to be Loans chosen by Kiva on such User's behalf. Furthermore, in no event will a Loan made pursuant to the auto-lending feature, by a User who has chosen to activate the auto-lending feature, be cancellable or refundable by the User. You agree that Kiva and its Field Partners shall have no liability if for any reason less than 100% of a Loan made pursuant to auto-lending is repaid, and you hereby release and forever hold harmless Kiva and its Field Partners for any loss you may incur from an auto-lending Loan. Kiva may modify or terminate the auto-lending functionality at any time or from time to time.
Without in any way limiting the earlier provisions of this Section 1, Kiva may implement Website features pursuant to which a User may ask to have the Website randomly suggest a particular Loan for the User to consider making. To the extent a User employs this 'pick a loan' suggestion feature, you understand and acknowledge that you have an opportunity to learn more about that Loan before deciding whether or not to fund such Loan and that you have complete discretion to decline to fund such Loan. You further acknowledge and agree that any Loans transacted under the 'pick a loan' suggestion feature are in all respects Loans voluntarily made by you as the User. You agree that Kiva and its Field Partners shall have no liability if for any reason less than 100% of a Loan made pursuant to the 'pick a loan' feature is repaid, and you hereby release and forever hold harmless Kiva and its Field Partners for any loss you may incur from a Loan suggested by the 'pick a loan' feature. Kiva may modify or terminate the 'pick a loan' suggestion functionality at any time or from time to time.
1.8 User Account Inactivity; Instructions for Auto-Donation of Funds to Kiva or Auto-Withdrawal Return of Funds to User; Potential Escheatment of Funds. Kiva welcomes its Users' active participation in the Kiva Program. However, there may be occasions when a User becomes "inactive" for an extended period of time – i.e., a User does not log in to his or her Kiva account (or otherwise indicate to Kiva a desire to keep the account active – for example, through a phone or email communication with Kiva or by taking advantage of embedded response features, such as clicking on a click response button, in an email or other electronic communication from Kiva) or there are no credits/withdrawals made to such User's account. Therefore, Kiva may implement Website features pursuant to which you may instruct Kiva in advance as to how you wish any remaining balances in your account to be handled in the event your account were to become inactive for a period of 24 or more consecutive months -- namely, whether in such a case of User inactivity, you (i) wish to automatically donate remaining funds in your account to Kiva's general operating expenses to further Kiva's philanthropic mission or (ii) wish for Kiva to return remaining funds in your account to you via Kiva's standard account withdrawal process. In addition, in such cases of User inactivity, Kiva may elect to automatically terminate the inactive User account.
For Users who have joined Kiva prior to 12:00PM on June 14, 2010: if you wish to take advantage of this feature, you must first affirmatively instruct Kiva by opting in to one of the two choices (i.e., auto-donation to Kiva or auto-withdrawal return to User).
For Users who join Kiva on or after 12:00PM on June 14, 2010: you will upon registration on the Website automatically be opted-in to instructing Kiva to auto-convert any remaining account balances as a donation to Kiva's general operating expenses to further Kiva's philanthropic mission if your account were to become inactive for a period of 24 or more consecutive months. Please note that you are free to change this pre-set option in your discretion and at any time in advance (although you understand any funds that have been auto-donated based on the then-existing preference setting shall not be revocable once the auto-donation has taken place).
In the event that your account shows no activity for an extended period of time and (i) you have not indicated an instruction to Kiva through an inactivity preference selection described above or (ii) your instructions to have remaining balances returned to you cannot be successfully completed, whether due to invalid/incomplete information, your failure to claim the funds after thirty (30) calendar days have passed from the day Kiva has forwarded the funds to you, a return of funds back to Kiva as unclaimed after Kiva has attempted to forward your funds to you, or for any other reason internal or external to Kiva, then Kiva may determine it is appropriate to forward (i.e., escheat) the balance remaining in your inactive Kiva account to the state government of your state of residency. In such a case, Kiva will determine your residency based on the state listed in your mailing address information that may have previously been made available to us. If your address is unknown or is outside of the USA, Kiva may then find it is appropriate to forward (escheat) your funds to the State of California. If your funds are escheated to a state authority, you would have to contact the relevant state's unclaimed property administrator to reclaim such funds.
1.9 Promotional Products. Kiva may offer certain promotions and promotional products to Users. Any specific terms posted by Kiva with respect to such promotions and promotional products, as well as this Agreement, shall apply to all Users' participation in the promotion and use of promotional products.
1.10 Free Trial Feature. You are eligible to make one (1) free trial loan on the Website through the free trial loan feature ("Free Trial Feature") if:
Supplies of free-trial microloan credits are strictly limited and are available to be claimed only while supplies last. Receiving an invitation to use the Free Trial Feature does not guarantee that a free trial loan will be available by the time you choose to attempt to make a free trial loan on the Website. Free-trial microloan credits will be made available on a "first claimed" basis. By participating in the Free Trial Feature through use of a free-trial microloan credit or by otherwise making a loan via a Free Trial Feature URL link, you fully and unconditionally agree to be bound by this Agreement. Free-trial microloan credits cannot be used for any purpose other than making a loan on the Website and the time for use of free-trial microloan credits cannot be extended. Such credit is not transferable and may not be exchanged. The value of such credit may not be substituted or exchanged for cash or other product or service. No replacement free-trial microloan credits can be offered (and no other compensation will be provided), including without limitation, in the event a free trial loan is refunded, becomes delinquent, or defaults.
If you make a free trial loan on the Website through the Free Trial Feature, you understand that any repayments on such loan will not be returned to you, but will instead automatically be returned to a Kiva affiliate for future use to help further Kiva's charitable mission or the then-applicable Kiva supporter sponsoring the Free Trial Feature. The maker of a free trial loan will not receive – and will not be entitled to – repayments made (if any) or any other reimbursement or consideration on such loan. Furthermore, any automatic return of repayments to a Kiva affiliate from any loan you make with free-trial microloan credit funds does not qualify as a charitable donation to Kiva.
Any applicable Federal, state and local taxes with respect to the free-trial microloan credits are the sole responsibility of the recipient. Any additional costs incurred in claiming the Kiva free-trial microloan credit are the User's sole responsibility. All determinations with respect to eligibility to participate in the Free Trial Feature (including, but not limited to, the ability to make a free trial loan through free-trial microloan credits) under this Free Trial Feature shall be made solely by Kiva in its sole discretion and all Kiva determinations and decisions shall be final. Any User determined to be using multiple emails under this Free Trial Feature (whether to make multiple free trial loans or otherwise) will be immediately disqualified from this Free Trial Feature without notice. The Free Trial Feature is not valid where prohibited by law, and is subject to all applicable Federal, state, provincial, and local laws and regulations. Kiva accepts no responsibility or liability in connection with any loss or damages incurred by you in connection with receipt or use of such free-trial microloan credit. By using the Free Trial Feature through a free-trial microloan credit or otherwise making a loan via a Free Trial Feature URL link, you agree to release and hold harmless Kiva from any and all liability for loss, harm, damage, injury, cost or expense whatsoever.
1.11 Kiva API. The Kiva API is a service that Kiva provides to allow third parties to develop and offer applications, services and features using information from the Website and Program ("Third Party Applications"). Third Party Applications are not created or maintained by Kiva but by third parties. These third parties' terms of service and privacy policies govern your use of Third Party Applications. Any authorization you give to any third party or Third Party Application to take actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Kiva gives no guarantees or warranties with respect to any Third Party Application and is not responsible for your use or inability to use any Third Party Application, including without limitation the content, accuracy, reliability or security of Third Party Applications or the privacy practices or other policies of third parties. To revoke permissions that you have granted to a Third Party Application, you may revoke these permissions by logging into your account on the Website or by contacting Kiva.
1.12 Bonuses Feature. From time to time, Kiva may offer features in which some or all registered Users are eligible to receive bonuses pursuant to which a User (i) may make an additional microloan on the Website without requiring such registered User to spend his or her own Kiva Credit of deposited funds or (ii) may make a subsidized microloan on the Website whereby such registered User's use of his or her own Kiva Credit of deposited funds is supplemented by the value of the bonuses (collectively, "Bonuses"). For example, under one possible Bonus feature, registered Users who successfully invite individuals:
could then be eligible to receive (claim) Bonuses which may be used for a limited time to make an additional microloan on the Website without requiring such registered User inviter to spend his or her own Kiva Credit. Please note that programs for Bonuses may have differing eligibility and claiming criteria or requirements and that the subsidy value of the Bonuses may also vary by program.
Supplies of Bonuses are strictly limited and are available to be claimed only while supplies last on a "first claimed" basis. Receiving an offer to participate in a Bonuses feature does not guarantee that any Bonuses will be available for you to claim by the time you have satisfied the relevant requirements and criteria. If Bonuses are available to be claimed, the Bonuses will automatically be deposited into your Kiva account at the time you have successfully fulfilled the criteria or requirements. Bonuses may be used to make microloans on Kiva for a strictly limited period of time (as described in the particular program) after they are first deposited into the qualifying User's Kiva account.
To the extent that you have Bonuses in your account when you make a loan on Kiva (excluding any loans made by auto-lending), your available Bonuses will be used first in order of lending allocation priority, followed by funds you have deposited into your account. Please note that Kiva, in its sole discretion, may place limits or restrictions on the categories and types of loans (e.g., risk rating of Field Partner, term of loan or restricting Bonuses from use with auto-lending) that may be made when using Bonuses.
Bonuses cannot be used for any purpose other than making a loan on the Website during the eligibility period of the Bonuses successfully claimed, and the time for use of Bonuses cannot be extended. Such Bonuses may not be substituted or exchanged for cash or other products or services. No replacement Bonuses can be offered (and no other compensation will be provided), including without limitation, in the event a loan made with Bonuses is refunded, becomes delinquent or defaults.
If you make a loan utilizing Bonuses, you understand that any repayments on such loan will not be returned to you, but will instead automatically be returned either to a Kiva affiliate for future use to help further Kiva's charitable mission or the then-applicable Kiva supporter sponsoring a given Bonuses program. A lender making a loan with Bonuses will not receive – and will not be entitled to – repayments (if any) or any other reimbursement or consideration on the portion of such loan the Lender funded using the Bonuses. Furthermore, any automatic return of repayments to a Kiva affiliate from any loan you make with Bonuses does not qualify as a charitable donation to Kiva.
Any applicable Federal, state and local taxes with respect to the Bonuses are the sole responsibility of the User. Any additional costs incurred in claiming the Bonuses are the User's sole responsibility. All determinations with respect to eligibility to participate in the Bonuses feature (including, but not limited to, the satisfaction of criteria to claim Bonuses) shall be made solely by Kiva in its sole discretion and all Kiva determinations and decisions shall be final. Any User determined to be in breach of this Agreement (including, but not limited to, defrauding (or attempting to defraud) this Bonuses feature) is subject to being disqualified from receiving Bonuses and/or forfeiting all received Bonuses without notice, in addition to all other remedies available to Kiva under this Agreement and under applicable laws. The Bonuses feature is not valid where prohibited by law, and is subject to all applicable Federal, state, provincial, and local laws and regulations. Kiva accepts no responsibility or liability in connection with any loss or damages incurred by you in connection with receipt or use of such Bonuses. By participating in or otherwise using the Bonuses, you agree to release and hold harmless Kiva from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever.
1.13 Donor Advised Fund. Kiva may choose to operate one or more donor advised funds (each such fund a "DAF") in furtherance of the organization's charitable mission. From time to time, Users may become eligible to participate on the Kiva platform – such as via free trial loans or loans via Bonuses as described above – by exercising advisory privileges over certain funds donated to a Kiva DAF ("DAF Funds"). In such cases, a User understands and agrees that (i) the recommendation made by selecting a loan to be supported with DAF Funds (whether via free trial loans, Bonuses, or other features that Kiva may offer from time to time) is advisory in nature only and that final discretion in the deployment of any DAF Funds ultimately rests with Kiva by law and (ii) such a User shall not exercise advisory privileges to satisfy a personal pledge or obligation or in a manner which results in any impermissible private benefit to the User, the funding donor of the applicable DAF Funds, or any of such funder's affiliates.
1.14 Dedicate a Loan Feature. Users have the option to "Dedicate a Loan" at checkout. This feature allows a User to make a Loan in someone else's honor (a "Dedicated Loan"), with any repayments going to support Kiva's general operating expenses. If you choose to dedicate a Loan, you understand that any repayments with respect to such Dedicated Loan will not be returned to you, but will instead automatically be donated to Kiva to help further Kiva's charitable mission. Each incremental Dedicated Loan repayment amount shall be treated as a donation by the purchaser of the Dedicated Loan to Kiva as of the date such repayment is received. The maker of a Dedicated Loan will not receive – and will not be entitled to – any repayments made (if any) or any other reimbursement or consideration for the Dedicated Loan.
Kiva", the "Kiva" logo and other Kiva graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Kiva ("Kiva Marks"). Kiva Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kiva. Kiva or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Kiva thereon (collectively,"Content"). The Website and Program contain the copyrighted material, trademarks and other proprietary information of Kiva and its licensors. You may display and make limited copies of the Content (other than the Kiva Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Kiva. In addition, to the extent you receive information from Kiva, its Field Partners or the Borrower with respect to any Borrower, and that information is later removed from the Website (including, without limitation, due to the Loan delinquency or default of a particular Borrower or the sensitive nature of particular Borrower profiles), you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such Borrower, if such Borrower (either directly or through the corresponding Field Partner or Kiva) has opted to have his or her identity withheld on the Website.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to Kiva in connection with or arising from your participation in the Program, including without limitation any feedback provided to Kiva (collectively, "User Generated Content"), you agree to grant, and hereby grant to Kiva an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Kiva from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
You acknowledge, consent and agree that Kiva may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Generated Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including without limitation intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Kiva, its users, or the public. Please see the Privacy Policy for more information regarding the use and disclosure of your information as part of the Program.
To file a notice of infringing material on the Website, please provide a notification containing the following details:
Then send this notice to:
By Mail:
Kiva Microfunds DMCA Agent
875 Howard Street, Suite #340
San Francisco, CA 94103
By Fax:
Attn: DMCA Agent, Kiva
(415) 552-5780
By Email:
If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
Then send this notice to Kiva's DMCA Agent based on the contact information provided above in this Section.
The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Sites"), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Kiva, and Kiva is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Kiva. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
You may access and use the Website for your personal, non-commercial use in connection with the Program. The Website may not be accessed or used by you in connection with any other endeavors -- commercial or otherwise -- except as previously approved in writing by an authorized representative of Kiva. Your access and use of the Website and participation in the Program shall be in strict compliance with this Agreement, including, without limitation, Kiva's Privacy Policy, all other procedures and guidelines set forth on the Website and as part of the Program, as well as applicable law. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of Kiva, any User, Field Partner or any other person. You may not use the Website in any manner that, in Kiva's sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by "keyword stuffing" lending team pages (loading a page description with keywords in an attempt to manipulate the page's ranking in search results). You may not engage in advertising to, or solicitation of, any User, Field Partner, Borrower or any other person to buy or sell any products or services through the Website. Only authorized Field Partners and their authorized Borrowers may seek Loans on the Website or otherwise through the Program. You may not transmit any chain letters, junk email or "spam" to any User, Field Partner, Borrower or any other person. Kiva has the right to investigate and take appropriate legal action (including, without limitation, civil, criminal and injunctive redress) against any illegal and/or unauthorized uses of the Website or exploitations of the Program, including collecting or harvesting (whether or not by automated scripts) the name, email address or any other personal or confidential information of any User, Field Partner, Borrower or any other person by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
Although Kiva assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or creating or joining lending teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Loan profile, or (iii) contact, advertise to, solicit, or sell to any User, Field Partner, Borrower or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, Kiva reserves the right to remove content from the Website that violates acceptable use in Kiva's sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Kiva deems appropriate, in Kiva's sole and absolute discretion.
Kiva reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Kiva's opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person's privacy or proprietary rights.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Kiva, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity.
Kiva is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Field Partner, Borrower or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Field Partners are not liable for content created and posted on the Website. Kiva is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, Kiva assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will Kiva be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. Kiva does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
Kiva makes no representation or warranty, express or implied, with respect to any third party data provided to Kiva or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Kiva will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Kiva or "force majeure" or any other cause beyond the control of Kiva.
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. Kiva cannot and does not verify the accuracy of information from Field Partners, other Users or Borrowers. Kiva shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a Loan to a Borrower or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will Kiva be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if Kiva has been advised of the possibility of such damages, costs, losses or expenses.
Kiva is not responsible for your interactions with any Field Partners, any other User or any Borrower (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions.
Kiva reserves the right, but has no obligation, to monitor disputes between you and such persons.
This Agreement is governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Kiva, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in San Francisco if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Kiva is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Kiva. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by California statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Kiva may seek any injunctive relief in a state or federal court in San Francisco, California, as may be necessary to preserve rights pending the completion of arbitration and Kiva may seek any injunctive relief in a state or federal court in San Francisco, California, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold Kiva harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, Kiva may make features available to Users as part of the Program. Kiva reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website or any Kiva services, may be determined by Kiva in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to Kiva along with instructions for the disposition of your then-available Kiva Credit and any additional credits that you may receive in the future (e.g., based on repayments of then-outstanding and active Loans), such notice to be effective within three (3) days of receipt by Kiva. Kiva may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Kiva. Upon such a Kiva-initiated termination, your available Kiva Credit shall be returned to you within thirty (30) days of account termination and any Kiva Credit you may receive in the future shall also be returned to you in due course. If your participation in the Program and registered account is terminated by Kiva, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, Kiva has the right to delete your profile and remove your User Generated Content.
Kiva does not review, approve, endorse, advise, or provide organizational oversight of Kiva-themed clubs and/or events established or held by persons who are not Kiva employees. For example, educators and students might form independent school Kiva clubs or hold Kiva-themed lessons, and Users might host Kiva-themed events in their communities. While Kiva makes resources available, such as event ideas, Kiva in a box, Kiva U Toolkits, and lesson plans (collectively, the "Resources"), individuals and groups that use the Resources do not have any official affiliation with Kiva. Although Kiva does not provide direct oversight or guidance to Kiva-themed clubs, groups, and/or events, you agree to uphold Kiva's values at all meetings and events, and in any promotion of your club, group or event. This means that you will promote an environment where all group members and/or event attendees are treated with respect, and are not discriminated against based on factors such as race, ethnicity, religion, gender or gender identity, sexual orientation, age, national origin, disability, or socioeconomic status.
You agree and understand that all Resources are provided on an "AS IS" and "WITH ALL FAULTS" basis, without warranties or representations of any kind, either express or implied. Your use of the Resources is at your sole risk, and Kiva expressly disclaims all liability arising from or relating to the Resources. While Kiva strives to provide useful and accurate information, Kiva does not warrant that the information offered in the Resources is free of errors or opinion biases. You further understand and acknowledge that you may be exposed to content that may be deemed offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Kiva with respect to the Resources.
This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and Kiva regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at firstname.lastname@example.com any questions regarding this Agreement.


text:
"Touch of Death"
Chris O'Donnell (NCIS Special Agent G. Callen), LL COOL J (NCIS Special Agent Sam Hanna), Daniel Dae Kim (Hawaii Five-0 Detective Lieutenant Chin Ho Kelly), and Scott Caan (Hawaii Five-0 Detective Sergeant Danny Williams). The joint NCIS: Los Angeles and Hawaii Five-0 task force travel from Hawaii to Los Angeles, when the lead suspect in the case moves to the mainland with a deadly virus in tow, on NCIS: LOS ANGELES, Tuesday, May 1 (9:00-10:00 PM, ET/PT) on the CBS Television Network. Scott Caan guest stars as Hawaii Five-0 Detective Sergeant Danny Williams and Daniel Dae Kim guest stars as Hawaii Five-0 Detective Lieutenant Chin Ho Kelly. Photo: Richard Cartwright/CBS ©2012 CBS Broadcasting Inc. All Rights Reserved.


text:
OAKLAND — It was a citizen's tip that led to the Wednesday night arrest of a man suspected of beating an 89-year-old woman and stealing her car, police said.
Plainclothes officers caught up to Terrance James Hardy, 28, around 8 p.m., after a woman called Oakland police to report that he was walking on 73rd Avenue, police said. She recognized him from his photo, published in media reports about the alleged crime that took place Sunday outside an El Cerrito drugstore.
Oakland officers detained Hardy without incident and contacted El Cerrito police, who made the arrest. Hardy is expected to face charges of carjacking and elder abuse causing great bodily injury.
Police had been searching for Hardy since Sunday afternoon, when they were called around 1:55 p.m. to the parking lot of a CVS store on San Pablo Boulevard. Officers found the woman on the ground in the parking lot, where Hardy allegedly punched and dumped her before stealing her 1992 Toyota Camry.
On Wednesday, the woman still was recovering at a hospital, police said.
Hardy, who lives in Oakland, was convicted and sent to prison in 2008 for assault with a deadly weapon, officials said, and he has had numerous parole violations since then.
He also has been banned from all branches of the Oakland Public Library after a string of violent incidents, said Gerry Garzon, Oakland library director.
"He has a very violent history," El Cerrito detective Sgt. Dave Hartung said.
El Cerrito police received help from police in Oakland and Richmond, as well as the Oakland branch of the U.S. Marshals Service, which contacted El Cerrito police and offered its services.
Police said Thursday afternoon that the woman's car had been recovered, not far from where Hardy was arrested Wednesday evening.
Hardy was taken to County Jail in Martinez, where he was being held in lieu of $300,000 bail.
Staff writers Harry Harris and Kristin J. Bender contributed to this report. Contact Rick Hurd at 925-945-4789. Follow him at Twitter.com/3rderh.


text:
Olivier Alary finalising Blumenfeld Audio
Adam's edits from the Blumenfeld unseen film footage are completed and despite the fact that Ensemble is about to embark on a major, North American tour that starts in Boston tonight, Olivier Alary is labouring to perfect the soundtracks. What a hero! Design time allowing, we expect to launch these beauties, together with Yorick Blumenfeld's interview, at the back end of next week.


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Classic-Castle.com is revising its policy on leaked information about future LEGO sets. In the past it was the policy that no discussion of leaks was permitted.
This is being changed to allow for the discussion of "legitimate" leaks. This means that set information that was come accross in a legitimate manner is open for discussion.
The availability of the new Harry Potter sets on the ToyWiz Website.
As these are now publicly available, and ToyWiz is a legitimate LEGO retailer, such information is fair game for discussion.
Scans of officially released publications, such as LEGO Magazine of catalogs in current sets.
Information that is obtained illegally is NOT open for discussion.
A retail employee looking through the stores computer system for upcoming set names. This is proprietary information that the employee has no business looking for, so it is NOT open for discussion.
Scans from a retailers / distributors catalog. These catalogs are for use by stores in ordering future sets and are not for public discussion. Scans stolen from one of them are NOT open for discussion.
If you have a question about if something is appropriate, ask an admin BEFORE posting it and causing an uproar.