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Terms and Conditions

Summary

Welcome to Herdict! Like most websites, Herdict has some rules and conditions that we expect our users to follow to ensure that our website and services are useful as possible to the greatest number of people. In order to help you understand these rules, we’ve prepared a summary of the key rules. We created this summary only for your convenience. The actual agreement governing your use of the site is below, so you should read the full Terms and Conditions that follow this summary so that you understand your rights and obligations when you use our services.

In summary, here are the key points about your relationship to Herdict:

  • You must be at least 13 years old to use Herdict.
  • You may not use Herdict to make money or enhance your business.
  • You may use information you obtain through Herdict to provide information to the public, even if you are a business, so long as you don’t claim that Herdict endorses your business or is affiliated with you.
  • You many not use Herdict in any way that could interfere with or harm others, including Herdict (e.g., impersonating others, interfering with others’ use of Herdict, or uploading harmful or inappropriate content).
  • Herdict has the right to restrict your use of Herdict, remove or refuse to post content you provide, or terminate any services Herdict offers at any time or for any reason.

Herdict is a crowdsourced project that depends upon collaboration. In order to help foster a collaborative, innovative environment, so all content contained on the website or other Herdict services is licensed to others under the Creative Commons Attribution Noncommercial Share Alike 3.0 License. Please keep reading for the complete rules explaining your relationship to Herdict.

TERMS AND CONDITIONS

Thank you for visiting herdict.org (the “Website”). The Herdict Project (“Herdict”) is operated through the Berkman Center for Internet and Society (“BCIS”). Please review these terms conditions carefully before using any of the functionality or services offered through the Website or any other applications offered by Herdict, including the reporting function (the “Reporter”), the browser add-on (the “Add-on”) and any other functionality or services associated with or offered by Herdict (collectively, “the Services”).

These terms and conditions (the “Terms”) govern your use of the Services, and by using or accessing any portion of the Services, you agree to be bound by these Terms . If you do not agree to the Terms, please do not use the Services. Additional or different terms may apply to certain applications or functionality offered by Herdict (“Additional Terms”). Any Additional Terms will be available at the point of download or use of the functionality to which the additional terms apply. Any conflicts between these Terms and any Additional Terms will be resolved in favor of the Additional Terms solely with respect to the functionality or application to which the Additional Terms apply.

1. Privacy

Herdict respects your privacy. How Herdict uses, collects and stores information is described in Herdict’s Privacy Statement, which is available at http://www.herdict.org/about/22. By using the Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Statement.

2. Children’s Privacy

You must be at least 13 years of age to use the Services. The Services are intended for adults, and Herdict does not knowingly collect personal information from children under 13 years old. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to the site, please contact us immediately at: contact at herdict dot org.

3. Obligations and Restrictions on Use

Your use of the Services is subject to the following restrictions and obligations:

  1. You may not use the Services for commercial purposes or in any way to generate money.
  2. You may not use the Services to file site reports that are not based on determinations of whether a site is accessible or inaccessible, or otherwise file site reports in bad faith.
  3. You may not use the Services to impersonate or attempt to impersonate Herdict, BCIS, their employees, other users or any other person or entity for any purpose.
  4. You may not submit any personally identifying information or email addresses for any person or entity other than yourself.
  5. You may not use the Services in any way that is harmful to other users, or could interfere with the Services or Herdict’s or BCIS’ network.
  6. You may not use the Services in any manner that could interfere with any other party's use of the Services.
  7. You may not upload content or material to the Services that is fraudulent, libelous, defamatory, obscene, threatening, harassing or otherwise harmful.
  8. You may not attempt to circumvent Herdict’s security protocols or try to gain unauthorized access to any part of the Services or Herdict’s network or servers.
  9. You agree to comply with all applicable laws, statutes and regulations, including, but not limited to, any privacy laws, as well as Herdict’s policies when you use the Services.

4. User-Generated Content

Certain portions of the Services enable you to upload and share content. The following terms govern any content that you upload or share through the Services (“User Generated Content”).

  1. Licenses to User Generated Content
    You hereby grant to Herdict a perpetual, worldwide, irrevocable, transferable, sublicensable, non-exclusive, fully paid-up, royalty-free license to use, copy, publicly perform, display, reformat, translate, prepare derivative works of and distribute your User Generated Content in any medium (whether existing today or devised in the future) for any purpose.

  2. Your Rights to User Generated Content
    By submitting or uploading any User Generated Content through the Services, you represent and warrant that you have all rights necessary to upload and share your User Generated Content pursuant to these Terms and that your submission of User Generated Content does not infringe any Intellectual Property Rights (as defined below), or violate the privacy or publicity rights of any other person or entity. “Intellectual Property Rights” means any United States or international patent, copyright, trademark, trade secret, moral or other proprietary right.

  3. Third Party Content and Services
    You understand that much of the content made available through the Services is a product of a community effort and does not necessarily represent the view of Herdict. In addition, Herdict may provide you links to third-party websites or other services provided by third-parties (“Third-Party Services”). Any links to Third-Party Services are provided for your convenience only, and you acknowledge and agree that the viewpoints expressed in any User Generated Content or provided through any Third-Party Services represent the opinions of those users or Third-Parties and are not endorsed by Herdict in any way. Please note that if you visit third party websites, you are subject to the terms and conditions and privacy practices of the third-party that operates the website or services, and Herdict assumes no liability for any harm that may arise out of your use of the Third Party Services. Herdict bears no responsibility for any User Generated Content or any content accessed through a Third-Party Service.

5. Intellectual Property

You acknowledge that, except for User Generated Content, Herdict and its licensors, own and retain all right, title and interest in and to the Services, including all Intellectual Property Rights associated with the Services. You agree to not remove, obscure, or alter any trademarks, logos, copyright or other notices affixed to or contained within the Services. All content generated and provided by Herdict through the Services is © Herdict 2012, and, except for any of Herdict’s trademarks and logos, is licensed by Herdict under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license, the terms of which can be found at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode. You are welcome to add a link to the Website from your website, so long as you do not claim to be affiliated with or endorsed by Herdict. Herdict reserves the right to request you to take down any links to the Website if Herdict, in its sole discretion, finds that the link is may cause harm to Herdict’s reputation or purpose, or otherwise misrepresents Herdict’s relationship with any website. You may not otherwise use any of Herdict’s trademarks or logos without Herdict’s prior written consent.

6. Content Removal and Limitations on Access

Herdict reserves the right to terminate or restrict your access to the Services at any time, with or without notice, for any or for no reason. In addition, Herdict reserves the right (but is not obligated) to remove or refuse to post any User Generated Content for any reason in its sole discretion. Herdict is not liable to you in any way for any losses that you may incur arising from Herdict’s decision to remove your User Generated Content or restrict your access to the Services.

7. Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our Copyright Agent listed below with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the work that you claim has been infringed;
  3. The location where the work that you claim has been infringed is located on the Services;
  4. Your address, telephone number and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

Tracy Walden
Harvard University Information Technology
IT Security | Policy, Risk and Compliance
+1.617.496.8515
1414 Massachusetts Avenue, Room 346
Cambridge, MA 02138
Email: dmca@harvard.edu

8. Counter-Notices

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with us by submitting written notification to our copyright agent (identified above). Pursuant to the DMCA, the counter-notice must include the following:

  1. Your physical or electronic signature.
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. Your name, postal address, telephone number and e-mail address
  4. A statement by you attesting under penalty of perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

The DMCA allows us to restore the removed content if the party filing the original DMCA notice does not file a court action against you within ten business days of receiving the copy of your counter-notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HERDICT AND BCIS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. HERDICT AND BCIS ASSUME NO RESPONSIBILITY FOR THE ACCURACY, TRUTHFULNESS, SUITABILITY, COMPLETENES OR USEFULNESS OF ANY CONTENT OR INFORMATION THAT MAYBE ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY HERDICT OR ITS PARTNERS.

10. Limitation of Liability

IN NO EVENT IS HERDICT, BCIS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM THE OPERATION OF THE SERVICES OR THE INFORMATION OR CONTENT CONTAINED THEREIN, THE LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INGERY, OR THE LOSS OF GOODWILL OR PROFITS), EVEN IF HERDICT, BCIS, THEIR SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

11. Indemnities

You are solely legally liable if your use or misuse of the Services causes damage to the Services or someone or something else. You agree to indemnify and hold Herdict, BCIS and their affiliates, officers, employees and agents, harmless from any and all judgments, losses, damages, liabilities costs or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) arising from or related to your use of the Services or your violation of these Terms.

12. Miscellaneous Provisions

  1. Updates and Changes to these Terms
    Herdict reserves the right to modify these Terms at any time in its discretion. If Herdict does make changes to these Terms, Herdict will update this page accordingly. Please check this page periodically for any changes. Your continued use of the Services, after this page has been updated with new terms and conditions, signifies your acceptance of the amended Terms.

  2. No Waiver of Terms
    Failure of Herdict to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

  3. Governing Law and Forum
    These Terms are governed by the laws of the Commonwealth of Massachusetts, in the United States of America, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Suffolk County, Massachusetts in the event of any dispute of any kind arising from or relating to the Services.

  4. Location of Services
    The Services are controlled and offered by Herdict from facilities in the United States. Herdict makes no representations that the Services are appropriate for use in other locations. If you access the Services from out jurisdictions, you do so out of your own volition and are responsible for complying with local laws.

  5. Entire Agreement
    These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

  6. Severability
    If for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, all other provisions contained in these Terms will continue in full force and effect.

  7. English Version Prevails
    If these Terms are translated into another language and there are discrepancies between the two language versions, the English language version will prevail.

Questions?

If you have any questions about these Terms, please contact Herdict at: contact at herdict dot org.

Last updated June 3, 2013