Terms of Use The Human Face of Big Data Website

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1 Terms of Use The Human Face of Big Data Website Effective Date: September 12 th, 2012 Welcome to The Human Face of Big Data, a project of Against All Odds Productions ( AAOP ). The Human Face of Big Data is a globally crowdsourced media project focusing on humanity s new ability to collect, analyze, triangulate, and visualize vast amounts of data in real time. These Terms of Use apply only to our website and blog ( Site ). The Terms of Use for our mobile application ( App ) are available here. If you have any questions about these Terms of Use, please contact us at aao.customer.service@gmail.com. Please read these Terms of Use carefully. By accessing our Site, you agree to these Terms of Use and to our Privacy Policy Statement. We may update these Terms of Use from time to time, and will post a revised Effective Date reflecting the date of revision. By continuing to use this Site after we ve posted the revised Terms of Use, you consent to the Terms of Use as modified. We reserve the right to deny access to the Site or any features of the Site as we see fit, including to deny access to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others. Your Limited Right to Use Materials Appearing Within the Site This Site and all the materials within it, including, without limitation, the Human Face of Big Data logo, are the property of AAOP and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials or features available on the Site in any manner that has not been authorized by us or that infringes our rights. Unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, reproduce, republish, translate, sell, create derivative works based on, distribute or exploit in any manner or medium any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices. Journalists reporting on the Human Face of Big Data project may download, reproduce, and distribute the press images, related captions, book image, and project graphic available within the press kit area of the site in connection with their reporting on the project, provided that

2 they include an appropriate credit and leave all copyright notices intact. Information about requesting permission to reproduce or distribute materials from the Site can be found here. Our Right to Use Material You Submit When you submit any material or provide any information to our Site, such as blog comments, content submitted via the Contact Us feature, or content sent to the addresses on the Pressroom page, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, create derivative works from, distribute, display, and otherwise exploit such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. You will not receive any compensation for use of any materials you submit. Responsibility for the Material You Submit By submitting material to our Site, you represent and agree: (i) that you have read and agree to abide by our Community Guidelines; (ii) that you are the owner of the material, or are making your submission with the express consent of the owner of the material; (iii) that you are 18 years of age or older; (iv) that the materials will not violate the rights of, or cause injury to, any person or entity; and (v) that you will indemnify and hold harmless us, our affiliates, our vendors, our sponsors and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any materials you submit to the Site. Responsibility for all material submitted to the Site lies with each user -- you alone are responsible for the material you submit. We do not control the content of the material submitted by users of the Site. You understand that we have no obligation to monitor, edit, or censor the material submitted by users of the Site. Take what you find here with a grain of salt. However, we reserve the right to edit, move, delete, and/or refuse to accept any material that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons. You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms of Use; (c) to respond to claims that any materials submitted by you violate the rights of third parties; or (d) to protect the rights, property, or personal safety of AAOP, our affiliates, employees, representatives, licensors, vendors, our App, our Site, other users, and/or the public.

3 Community Guidelines Please feel free to share your thoughts and feedback with the Human Face of Big Data on our App or Site and on our YouTube, Twitter, and Facebook pages. You alone are responsible for material you post or transmit; such material does not reflect the opinion of AAOP or the Human Face of Big Data. You understand that the content you post and/or transmit via our Site or our Twitter, Facebook, or YouTube pages may be read and accessed by anyone with Internet access. In keeping with our high community standards, please refrain from posting or transmitting material that: Is libelous, obscene, harassing, threatening, or hateful; Is deceptive or misleading; Invades privacy or publicity rights; Infringes the patent, trademark, trade secret, copyright, or other intellectual property rights of any person or entity, or is otherwise unlawful; Deliberately disrupts legitimate discussion; or Contains a virus or other malware that may disrupt the functioning of the Site or interfere with the ability of other users to enjoy the Site. We reserve the right to edit or delete any material that in our sole judgment is inconsistent with these Community Guidelines. If you have questions, you can send them directly to faceofbigdata@gmail.com. Third Party Websites We make no claim or representation regarding, and accept no responsibility for, third party websites accessible by hyperlink from our Site or by the Facebook Like or Twitter Follow functions available on our Site, or for third-party websites that link to our Site. Such websites are not under our control and we are not responsible for their contents or the actions of their users, owners and operators. When you leave the Site, these Terms of Use and our Privacy Policy Statement will not govern your use of any third-party website, which will then be subject to that website s terms of use, if any, and its privacy and data gathering policies. Privacy We respect the privacy of the users of our Site. Please take a moment to review our Site Privacy Policy Statement. Disclaimers THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,

4 EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE, OR OUR SPONSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SPONSORS AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS YOU MAY FIND WITHIN THE SITE, OR WITH ANY OF OUR TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Indemnification You agree to indemnify and hold harmless us, our sponsors, vendors, and affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Site, violation of these Terms of Use by you, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. Notice of Copyright Infringement If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Katya Able, Against All Odds Productions, Inc., 80 Liberty Ship, Suite 3, Sausalito, CA Or send an to aao(dot)customer(dot)service(at)gmail(dot)com.

5 Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use. Other This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. This agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.