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OpenPaths Terms of Service
OpenPaths is a project of the Research and Development Lab at the New York Times Company ("We" or "Us"). These Terms of Service govern your access to and use of OpenPaths's website (the "Site") either as a user of the Locker ("Locker User") or as a person requesting Data from Locker Users ("Researcher") (collectively, "Users"), any information, text, graphics, or other materials created and/or provided by OpenPaths and appearing on the Site (the "Content"), Data (as defined below), the OpenPaths Mobile Applications, and any other services and/or software provided through the Site or by OpenPaths (collectively, the "Services"). These Terms of Service limit OpenPaths's liability and obligations to you, grant OpenPaths certain rights and allow OpenPaths to change, suspend or terminate your access to and use of the Site, Content, Data and Services.
Your access to and use of the Site, Content, Data and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Data and/or Services you agree to be bound by these Terms of Service.
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, CONTENT, DATA AND/OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, DATA OR SERVICES.
Your Use of the Services
OpenPaths grants you a limited, nonexclusive, nontransferable, revocable license to use the Services subject to the restrictions set forth in these Terms of Service.
You acknowledge and agree that you should not rely on the Site, Content, Data and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining your password and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Data or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content, Data and/or Services.
We will not be responsible for any damage or harm resulting from your use of the service or interactions with other users of our Service. We do not in any way inquire into the backgrounds of the Users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our Users (including both Locker Users and Project Owners). We are not responsible for, and cannot control, the use by others of any information which you provide to them. We cannot and do not assume any responsibility for the content of messages sent by other Users of the Service, and you release us from any and all liability in connection with the Service and the contents of any communications you may receive from other users.
You agree not to do any of the following while using the Site, Content, Data or Services:
- Use the service to engage in activities that (i) are false or misleading (including impersonating any person or entity); (ii) invade another's privacy (including stalking or harassing); or (iii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site or Service that you have not been given permission to access, OpenPaths's computer systems, or the technical delivery systems of OpenPaths's providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Attempt to access or search the Site, Content, Data or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by OpenPaths or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Data or Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on OpenPaths's computer system, those systems of OpenPaths's providers, or otherwise use the Site, Content, Data or Services to attempt to distribute malware; or
- Impersonate or misrepresent your identity or affiliation with any person or entity.
OpenPaths will have the right to investigate and prosecute violations of any of the above, including Site security issues, to the fullest extent of the law. OpenPaths may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that OpenPaths has no obligation to monitor access to or use of the Site, Content, Data and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Locker Service
The Locker Service is intended solely for your personal non-commercial use.
"Data" as used in this Agreement means the location information that You or other Users upload, download and access through the Site and Services. You are solely responsible for your conduct and the content of Your Data. You may delete Your Data at any time.
You are not required share Your Data in order to use OpenPaths.
OpenPaths does not claim any ownership rights in Your Data. You acknowledge that OpenPaths does not have any obligation to monitor the Data that are uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Data. OpenPaths does not endorse anything contained in the Data, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OpenPaths with respect thereto.
Sharing Your Data with Project Owners
When you elect to share Your Data with Project Owners, you are granting the Project Owner a license to use Your Data only for the purposes described in the Project Proposal and always subject to the terms of the Proposal.
You should assume that once you grant a Project Owner a license to your Data, the Project Owner will download and retain that Data even after you have revoked that Project Owner's future access to Your Data. If you revoke access to your Data, you are preventing future sharing of your Data, not deletion or removal of previously shared Data.
You may, however, refrain from providing new Data at any time.
You are responsible for safeguarding the password that you use to access the Site, Content, Data and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify OpenPaths of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or Data to OpenPaths, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Data and Services.
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of OpenPaths and its licensors, including all Intellectual Property Rights (as defined below) therein, even if OpenPaths incorporates any of your Feedback (as defined below) into subsequent versions. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to OpenPaths, in any form, will be the sole and exclusive property of OpenPaths. You hereby irrevocably transfer and assign to OpenPaths and agree to irrevocably assign and transfer to OpenPaths all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At OpenPaths's request and expense, you will execute documents and take such further acts as OpenPaths may reasonably request to assist OpenPaths in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Site, Content, and Services or in any OpenPaths Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
If you violate any of these Terms of Service, your permission to use the Site, Content, Data and Services will automatically terminate. OpenPaths reserves the right to revoke your access to and use of the Site, Content, Data and Services at any time, with or without cause, and with or without notice. OpenPaths also reserves the right to cease providing or to change the Site, Content, Data or Services at any time and without notice.
OpenPaths reserves the right to terminate your Account or delete and/or reduce any or all of Your Data at any time, with or without notice.
Use of OpenPaths is at Your Own Risk.
Your access to and use of the Site, Content, Data and Services (including agreeing to share your Data with Project Owners) is at your own risk. OpenPaths will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content, Data or Services.
You are solely responsible for your interactions with other OpenPaths users, including Project Owners and Locker Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
OpenPaths is Available "AS-IS"
THE SITE, CONTENT, DATA AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OPENPATHS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SITE, CONTENT, FILE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR DATA TO UNINTENDED THIRD PARTIES.
OPENPATHS MAKES NO WARRANTY THAT THE SITE, CONTENT, DATA OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OPENPATHS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, DATA OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPENPATHS OR THROUGH THE SITE, CONTENT, DATA OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold OpenPaths, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, Data and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Data, or your use of Data, caused damage to a third party, including without limitation claims that Your Data, or use of Data, infringe the rights of another.
Limitation of Liability
IN NO EVENT WILL OPENPATHS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, DATA AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, DATA OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT OPENPATHS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT OPENPATHS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, OPENPATHS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE DATA, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF OPENPATHS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, DATA AND/OR SERVICES IS LIMITED TO TWENTY ($20) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OPENPATHS AND YOU.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of OpenPaths to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in New York, New York, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
The export and re-export of OpenPaths software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the OpenPaths software products. In addition; OpenPaths software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services ("Software"). You may not sublicense, assign or transfer any licenses granted by OpenPaths, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
These Terms of Service are the entire and exclusive agreement between OpenPaths and you regarding the Site, Content, Services and Your Data, and these Terms of Service supersede and replace any prior agreements between OpenPaths and you regarding the Site, Content, Services and Your Data.
Additional Terms for Project Owners
If you use the Services as a Project Owner, in addition to the Terms set forth above, the following terms apply to you:
By using OpenPaths to distribute a Project Proposal to OpenPaths Users, you agree that:
- You will use Data only for the purposes explicitly set forth in your Proposal.
- You use the Data and the Services in compliance with all applicable laws and regulations at all time.
- The Services may be suspended in whole or in part at any time by us in our sole discretion.
We reserve the right to investigate your use of and terminate your access to OpenPaths if you have misused the Service, or behaved in a way which we determine, in our sole discretion, is inappropriate.
Do not submit any confidential information (including, without limitation, trade secrets) to OpenPaths, either in your Proposal or otherwise. While we endeavor to use industry standard best practices, we cannot accept responsibility for the protection of your confidential information and we explicitly disclaim all liability related thereto.
You acknowledge that OpenPaths does not have any obligation to monitor the Data that are uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Data. OpenPaths does not endorse anything contained in the Data, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OpenPaths with respect thereto.