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data.world terms of use

Last Updated: November 8, 2016


THE TERMS CONTAINED IN THE “TERMS & CONDITIONS” COLUMN ARE THE ONLY LEGALLY BINDING TERMS. THE DESCRIPTIONS UNDER “TO PUT IT SIMPLY” ARE ONLY A TOPICAL SUMMARY AND DO NOT EXPAND, LIMIT, OR ALTER OUR TERMS & CONDITIONS. IN THE EVENT OF A CONFLICT BETWEEN THE TWO, THE PROVISIONS IN THE “TERMS & CONDITIONS” COLUMN WILL PREVAIL.

Terms & Conditions

THESE TERMS AND CONDITIONS (THESE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU, AS A VISITOR OR USER OF THE SITE (AS DEFINED BELOW) AND DATA.WORLD, INC. (THE “COMPANY”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO ACCESS OR USE THE WEBSITE LOCATED AT THE URL: HTTP://DATA.WORLD AS WELL AS ALL ASSOCIATED SITES LINKED TO DATA.WORLD BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). BY ACCESSING OUR SITE, YOU ARE AGREEING TO ALL THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE (“SERVICES”) OR ANY INFORMATION CONTAINED ON THIS SITE.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

To put it simply:

These are our terms. If you visit or use data.world, you are agreeing to them. If you don’t want to follow them, don’t use our site. There are terms that we want to draw your attention to regarding how we resolve any disagreement.

Changes.

The Company may make changes to the content and Services offered on the Site at any time. The Company can change, update, or add or remove provisions of these Terms, at any time.  Any update to these Terms will take effect on the noted effective date. If you do not agree with any of the updated Terms, you must stop using the Site.

To put it simply:

You can’t use data.world if you’re under 13. If you’re under 18, you have to get your parent’s permission to use data.world.

General Use.

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.

To put it simply:

You can’t use data.world if you’re under 13. If you’re under 18, you have to get your parent’s permission to use data.world.

The Company provides content on the Site that is copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers or other visitors and users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. The Company also provides its Users (as defined below) and visitors to the Site with access to data tables, data sets and databases, including without limitation any images, video, data of varying nature and other content contained therein (“Data Sets”) that are the property of third parties or other visitors and Users. Data Sets are not deemed to be Materials for purposes of these Terms.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

You may use, copy, and distribute the Data Sets (including allowing the Company to use, copy, and distribute the Data Sets to provide the “Services”) solely as permitted by the third-party licenses applicable to such Data Sets. You understand that the Company may remove Data Sets, including without limitation derivatives of and/or results from using the Data Sets from the Service at any time if required by law or otherwise in its sole discretion. Your searches or saved Data Sets may be negatively impacted by such removal.

To put it simply:

Most of the stuff on data.world belongs to others. Respect their rights and don’t circumvent them. If we need to pull data off the site, it may mess up what you are doing on our site.

Using the Site and the Services on the Site.

You can simply view the side of the Site which is open to the general public and not use any Services or Data Sets. You need not register with the Company to simply visit and view the Site, in which case, you are considered a “visitor” with limited access to certain areas of the Site and limited ability to use the Data Sets and certain Services and Materials offered on and through the Site.

However, in order to keep certain datasets, files, collaboration and conversations private to you and those you invite to collaborate with you, access certain password-restricted areas of the Site, and use Data Sets, certain Services and certain Materials offered on and through the Site (such as querying, uploading and downloading Data Sets or commenting on Data Sets), you must register with the Company for an account. By registering for an account with the Company, you become a “User.” The rights and privileges provided to a User are personal and non-transferable.

To put it simply:

You don’t have to register to visit data.world, but better yet register and get access to neat functionality.

Password Restricted Areas of this Site.

If you desire to register for an account with the Company, you must submit the following information through the account registration page on the Site: user name, email address and password. You will also have the ability to provide additional optional information, such as biography, website, display name, social information, social handles, organizations, avatar, which is not required to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Site or its Services. The registration and other information that you provide is subject to the Privacy Policy, which is incorporated by reference into these Terms. The Company will determine whether or not to approve your proposed account and may approve or reject any account registration in the Company’s sole discretion. If approved, you will be permitted to log in to your account with your new user name and password (the “Company Password”). Information submitted during the account creation process will be subject to the Privacy Policy.

You may be provided with the ability to register for an account using existing account and log-in credentials of third party services such as Google or Github (each a “Third Party Service”). By creating an account via a Third Party Service account, you are allowing the Company to access your Third Party Service account and profile information, and you acknowledge and agree that your use of that Third Party Services is governed by the terms and conditions of such Third Party Service. The Company will never post to the Third Party Service on your behalf without your permission.

You are responsible for maintaining the confidentiality of your Company Password and any the password for any applicable Third Party Services (collectively, "Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify the Company if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes.

To put it simply:

If you register as a user, give us good information about yourself. Check out our Privacy Policy and don’t go sharing your password.

If you register during the preview version of data.world or other pre-release version of the Site and/or the Services and Materials on the Site (“Preview Release”), you acknowledge and agree that the Preview Release may contain, in the Company’s sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services that may be offered through the Site. You acknowledge and agree that any account you create during the Preview Release will automatically convert to a commercial release version account upon the launch date of the Site and its Services to the public (“Public Launch Date”). If you do not desire to continue using the Site or its Services after the Public Launch Date, you may contact the Company to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in the Privacy Policy. While the Company generally intends to distribute commercial release versions of the Site and the Services and Materials on the Site, the Company reserves the right not to release later commercial release versions of any Preview Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Preview Release is not considered by the Company to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A PREVIEW RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY PREVIEW RELEASE.

To put it simply:

If you registered with us early on, things may not have gone smoothly and you are ok with that.

Purchases.

You agree to pay all applicable fees related to your use of the Site and Services, all of which are described fully on the Site or as otherwise communicated by the Company. All payments will be made in US Dollars. The Company may suspend or terminate your account and/or access to the Site and/or Services if your payment is late and/or your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you expressly authorize the Company and/or its third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on the particular services you use. You agree that the Company may invoice you for any unpaid fees.

When you sign up for a paid subscription to use the Site and/or Service (“Subscription”), the Company will charge your credit card for your first fee on the date that it processes the order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, the Company will charge your credit or debit card for your first Subscription fee upon your transition to a paid Subscription).

IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current Subscription, the Company will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that it charged your credit card for the first Subscription fee and, it will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payment. Subscriptions must be cancelled prior to the applicable renewal date.

You may cancel your Subscription directly through your Account Settings page on the Site; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.

All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Site and Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event the Company is required to pay Taxes on your behalf, you shall promptly reimburse the Company for all amounts paid.

To put it simply:

Pay us the fees you owe us. We’ll automatically renew your subscription unless you tell us to stop. Taxes are on you.

Electronic Communications.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from the Company. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with the Company. You agree that any notices, agreements, disclosures or other communications that the Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

To put it simply:

We’re going to contact you electronically, and you are ok with that.

Privacy Policy.

Please review the Company’s Privacy Policy (the “Privacy Policy”), which explains how the Company uses information that you submit to the Company and which is incorporated by reference into these Terms.

To put it simply:

We have some of your personal information. Check out our Privacy Policy for how we use that information.

Third-Party Content and Data Sets.

Certain Materials that are not Submissions (defined below) may be provided by third-party licensors and suppliers to the Company (“Third-Party Content”) where separate and additional terms govern the use of that Third-Party Content.

Data Sets on the Site may be subject to one or more licenses. You may own a Data Set or, subject to appropriate licenses from such owners, upload a Data Set owned by another party or upload a Data Set resulting from combining one or more Data Sets owned by you and others. Except for those Data Sets that you own completely and provide as Submissions, third-party licensors will have rights in the other Data Sets. Unless otherwise specified, those other Data Sets not owned by you that you use are licensed directly to you from the applicable third-party licensor under the terms uploaded with the Data Set. You acknowledge and agree that each Data Set is licensed under separate terms and that the license terms applicable to any Data Set may not be the same as or compatible with the terms applicable to any other Data Set. You hereby agree to comply with any and all license terms applicable to any Data Set used by you. The Company does not verify, make any representations or take responsibility for such third-party Data Sets, including, without limitation, the truthfulness, accuracy, quality or completeness of the content thereof, the accuracy of the designated license terms, the suitability of the Data Set for your use or the compatibility of the Data Set with any other Data Set, even if linkages are suggested by the Company.

To put it simply:

Data and who owns it and what owners want done with it can be complicated. You are responsible for figuring it out before you share or use the data.

Links to Third-Party Sites.

This Site may be linked to other websites that are not the Company sites, including, without limitation, social networking, blogging and similar websites through which you are able to log into this Site using your existing account and log-in credentials for such third-party sites, including, without limitation, Google and Github (any and all of which of the foregoing listed websites may change from time to time) and websites that provide question-and-answer forum functionality (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than the Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. The Company is providing links to the Third-Party Sites to you as a convenience, and the Company does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, DATA SETS OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply the Company’s endorsement or recommendation.

To put it simply:

We link to other websites so you can easily access our site and share with others what you do at data.world. We’re not responsible for those sites and what happens there.

Submissions.

A “Submission” is any information, data, opinions, Data Sets, messages, comments, collaboration, tags, queries, searches, photos, videos, graphics, sounds and other content or material that is submitted, uploaded, posted or otherwise made available on or through the Site or through the Services available in connection with this Site.

You are responsible for all Submissions you submit, upload, post or otherwise make available on or through the Site or through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether you have sufficient permission to share such information is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein for “private” Data Sets (below), or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-confidential basis. Unless your Submission is a “private” Data Set, you hereby grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. If your submission is a “private” Data Set, you hereby grant the Company a non-exclusive, perpetual, irrevocable, fully paid-up, worldwide license to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed solely to provide the Services. The Company may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.

To put it simply:

You are responsible for what you post to data.world, so make sure you have the rights to do so. We give you a choice to post data and collaborate openly or keep things private. You give us some rights to the things on data.world you make open to the public.

When you upload a Data Set that you own and that is your original creation, we recommend that you select the license applicable to such Data Set from a list that is presented to you in the user interface or alternatively, you may choose to dedicate the Data Set to the public domain. If you are uploading a third party-owned Data Set, you are required to select one of the licenses from the list presented at upload, as applicable to such Data Set, or, if the license applicable to the Data Set is not included in the list, you may upload the applicable license; provided that you may not upload any Data Set that is licensed under terms that would require any visitor or User to pay royalties or license fees for use of the Data Set, or that would subject the Company to liability or license fees through the use of the Data Set as anticipated by these Terms. You are solely responsible for identifying the license terms applicable to the Data Sets you upload and for providing the appropriate license when you upload such sets. By uploading a Data Set, you represent and warrant that (a) you have all rights necessary to upload the Data Set and allow the Company to use the Data Set for the Services in accordance with these Terms, (b) the Company’s hosting of the Data Set and making it available on the Site as anticipated by these Terms will not violate or bind the Company to the terms of any license applicable to such Data Set, (c) the Company’s hosting of the Data Set and making it available on the Site as anticipated by these Terms will not subject the Services, Site or other Data Sets to any copyleft, share-alike or similar license provisions, and (d) that either (i) the Data Set is your original creation, you own all right, title and interest in and to the Data Set and any and all intellectual property rights therein and thereto, or (ii) the Data Set is validly licensed in accordance with the license terms selected by you upon upload, no other terms and conditions apply to the use of such Data Set, and the use of the Data Set by the Company, other Users and other visitors as anticipated by these Terms is permitted under such license. You agree to indemnify and hold the Company and its Users, visitors, officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, losses, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that arises from any actual or alleged breach by you of the forgoing representation and warranty, including without limitation misidentification of the license applicable to your uploaded Data Set(s).

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Site.

You acknowledge the licenses applicable to certain Data Sets may contain copyleft provisions that control the manner and terms under which you may license those Data Sets and any other Data Sets that you may combine or link to those Data Sets. You are solely responsible for determining and complying with the license terms that apply to your use and distribution of any Data Sets or combinations of Data Sets. Company shall have no liability to you and you shall indemnify and hold the Company and its Users, visitors, officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) arising from or relating to any claims of improper or unauthorized use of any Data Sets or Data Set contents, including but not limited to claims alleging non-compliance with applicable license terms.

To put it simply:

Make sure you put the proper license on the data you post and don’t put up data with bad license terms.

A Data Set that is a Submission may be uploaded either as a private Data Set that only you and other Users you invite are permitted to access, or a public Data Set, which will be made available to all who access the Site.

YOU AGREE THAT YOU WILL NOT MAKE ANY SUBMISSION ON THE SITE OPEN AND AVAILABLE TO THE PUBLIC THAT CONTAINS PERSONAL INFORMATION, PERSONAL DATA, OR OTHER DATA THAT RELATES TO AN IDENTIFIED OR IDENTIFIABLE PERSON (COLLECTIVELY, “PERSONAL INFORMATION”). YOU MAY ELECT TO HAVE SUCH INFORMATION WITHIN A SUBMISSION PRIVATE ON THE SITE, PROVIDED ALWAYS THAT YOU HAVE COMPLIED, AND WILL CONTINUE TO COMPLY, WITH APPLICABLE LAW (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY, PRIVACY, DATA PROTECTION LAWS AND OTHER LAWS APPLICABLE TO REGULATED DATA) AND CONTRACTUAL OBLIGATIONS IN THE COLLECTION, USE, SUBMISSION AND TAKEDOWN OF SUCH PERSONAL INFORMATION. The Company agrees to use any Personal Information contained in any of your Submissions in accordance with the Privacy Policy.

“Regulated Data” means information or data the collection, use, and disclosure/sharing of which is subject to one or more laws effective in the jurisdiction of the person uploading a Submission. Examples of Regulated Data include but are not limited to ‘personal data’ as defined by EU data protection laws; ‘protected health information’ as defined by HIPAA in the US; or US social security numbers, the publication of which is restricted by the laws of most states. You must make and keep your Submissions with Regulated Data as “private” and not marked as “open” unless the Company publishes on the Site a category of Regulated Data that may be made available on the open side of the Site.

To put it simply:

Don’t select “open” for any personal data you post to data.world. Only select “private” for personal information you post. Make sure you’ve complied with the laws applicable to you, that data and how that data was collected. You agree to continue to abide with all those laws.

Unauthorized Activities.

You agree and covenant that neither your use of the Services nor your Submissions shall constitute or result in any of the “Unauthorized Activities” below. These prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other User of or visitor to the Site or Service.

When using this Site and/or the Services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Condone or encourage violence.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post violent, graphic or sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Upload hoax datasets which deceive, including though the use of deceptive dataset titles, descriptions or other metadata.
  • Post any materials which violate the trademark, copyright, patent, trade secret or other intellectual property rights, proprietary rights, rights of publicity or privacy, or other similar rights of any third party.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Submit, without the express written consent of the owner(s), any Data Sets that were created in violation of any restrictions imposed by the owner(s) of such data, including any restrictions prohibiting the use of any robot, spider, scraper or other automated means.
  • Take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Post anything contrary to the Company’s public image, goodwill or reputation. (Each of the above is an “Unauthorized Activity”; collectively, “Unauthorized Activities.”)

This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to (a) terminate access to your account, your ability to post to the Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to the Site or to any other party who accesses the Site and/or Services. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, losses, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) constitutes an Unauthorized Activity or violates any applicable law or regulation, or the trademark, copyright, patent, trade secret or other intellectual property rights, proprietary rights, rights of publicity or privacy, contractual obligations, or other similar rights of any third party.

To put it simply:

Don’t be a jerk. Don’t post bad data or porn. Don’t spam or do things that will make us have to call the police.

Proprietary Rights.

data.world is a trademark of the Company in the United States. Other trademarks, names and logos on the Site are the property of their respective owners.

Unless otherwise specified, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

To put it simply:

We own our name, Sparkle (our owl) and some other things on our site. Don’t use them unless we say it’s okay in writing.

Intellectual Property Infringement.

The Company expects all Users and visitors to the Site to respect the intellectual property rights of others, and take the protections of those rights seriously. Infringing activity on the Site will not be tolerated. In line with this policy, Users must ensure that all Submissions do not violate copyright laws. The Company may, in appropriate circumstances and at its discretion, terminate service and/or access to this Site for Users or visitors who infringe the intellectual property rights of others.

If you believe that your work is the subject of copyright infringement and/or trademark infringement, please provide notice containing the following information: i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii) identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at the Site are covered by a single notification, a representative list of such works; iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Company to locate such material; iv) information reasonably sufficient to permit the Company to contact you as the complaining party, such as an address, telephone number, and if available, an email address at which you may be contacted; and v) 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 to:

data.world

Legal Department

legal@data.world

7000 North MoPac Expressway, Suite 425

Austin, Texas 78731


Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly or materially misrepresents that activity is infringing may be subject to liability.

See our Copyright and Intellectual Property Rights Infringement Policy for more information.

To put it simply:

Be respectful of other people’s intellectual property rights. If you think someone is messing with yours, see our Copyright and Intellectual Property Rights Infringement Policy.

Disclaimer of Warranties.

Your use of the Site, Services, Material and Data Sets is at your own risk. The Materials and Data Sets have not been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. The Company has not verified the license terms applicable to any Data Sets uploaded by other Users or visitors to the Site. The Company does not warrant the accuracy of timeliness of the Materials or Data Sets contained on this Site. The Company has no liability for any errors or omissions in the Materials or Data Sets, whether provided by the Company, its licensors or suppliers, or other Users or visitors, including but not limited to licensing information errors. You are solely responsible for determining the licensing applicable to any Data Sets that you choose to access and use, and for ensuring that your use of such Data Sets and their contents is compatible with the licenses applicable to other Data Sets and your proposed use of such Data Sets and contents.

THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, THE DATA SETS OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE. THE COMPANY DOES NOT WARRANT THAT ANY DATA SET WILL CONTINUE TO BE AVAILABLE TO YOU. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, DATA SETS AND MATERIALS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

To put it simply:

We’re a platform for users to post and combine data from many sources and that means there are mistakes in the data and bad and incompatible data. We aren’t responsible for that and are not vouching for the data.

Limitation of Liability.

THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, SEARCHING, USING, FORKING, QUERYING, COMBINING, UPLOADING OR DOWNLOADING ANY DATA SETS, OR MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. Without limiting the generality of the foregoing, You agree that the Company is not responsible for any loss arising out of, or in any way connected with: (a) delay or inability to access or use this Site; (b) reliance on any Submissions or Materials or the use of suggested links or tags; (c) the transmission of any computer virus, however occurring; (d) any unauthorized access to, modification or alteration of Submissions or Materials; (e) any information sent or received or not sent or received; (f) any transaction entered into through the Site; (g) any infringement of rights, including intellectual property rights; (h) any threatening, defamatory, obscene, offensive, harmful, inappropriate or illegal Submissions, Materials or conduct of any party; (i) any Submissions or Materials sent by any third party using and/or included in the Site; (j) termination of your access to the Site or Services; (k) any delays, interruptions, inaccuracies, errors, omissions or cessation of Services; (l) the removal or availability of any Submissions, Materials and any derivatives thereof from the Site.

For the avoidance of doubt, you acknowledge that the Company is a provider of an interactive computer service and not a publisher under Section 230 of the Communications Decency Act of 1996, and therefore not responsible for any User’s or visitor’s content. If, notwithstanding the provisions of this clause, a court of competent jurisdiction holds the Company liable in respect of any matters arising under or incidental to these Terms, THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, SERVICES, SUBMISSIONS, MATERIALS OR DATA SETS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) WILL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USING THE WEBSITE DURING THE 12 MONTHS PRECEDING YOUR CLAIM, OR, IF NO AMOUNT WAS PAID, SUCH LIABILITY WILL BE LIMITED TO US$1,000. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

To put it simply:

We are building the best platform we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.

Local Laws

The Company controls and operates this Site from its headquarters in the United States of America and the Submissions, Materials or Services may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following both US and applicable local laws including in particular laws governing the content of any Submission.

To put it simply:

We’re in the U.S. If you’re not, that’s cool too. Make sure you follow your laws as well as those of the US.

Feedback.

If you voluntarily or in response to our soliciting of your feedback send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, through electronic communications, by telephone, online or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Feedback, or any portion thereof, including any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Feedback, without any attribution or compensation to you, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

To put it simply:

We’d love your feedback on how we are doing. We can use your suggestions to, among other things, make data.world better.

Dispute Resolution and Arbitration; Class Action Waiver.

Please read this carefully. It affects your rights.

Most concerns can be resolved quickly and to your satisfaction by contacting the Company at data.world, Legal Department, legal@data.world, 7000 North MoPac Expressway, Suite 425, Austin, TX 78731. This dispute resolution provision facilitates the prompt and efficient resolution of any Dispute (defined below) that may arise between you and the Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this dispute resolution provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this dispute resolution section carefully. It provides that all disputes between you and the Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, agreeing to these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these dispute resolution provisions and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this dispute resolution provision, the “Company” means the Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this dispute resolution provision (with the exception of the enforceability of the Class Action Waiver clause described below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against the Company in the same proceeding.

YOU AND THE COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution.

For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute. You must commence this process by mailing written notification to data.world, Legal Department, legal@data.world, 7000 North MoPac Expressway, Suite 425, Austin, TX 78731. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out.

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this dispute resolution provision by mailing written notification to data.world, Legal Department, legal@data.world, 7000 North MoPac Expressway, Suite 425, Austin, TX 78731. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve Disputes with the Company through arbitration. Your decision to opt-out of this dispute resolution provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or, to the extent it qualifies, small claims court.

Arbitration Procedures.

If this dispute resolution provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or the Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This dispute resolution provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or the Company may initiate arbitration in either Travis County, Texas or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, the Company may transfer the arbitration to Travis County, Texas in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs – The Company will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver.

Except as otherwise provided in this dispute resolution provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and the Company specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the dispute resolution provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other User of or visitor to the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver.

You understand and agree that by agreeing to these Terms you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this dispute resolution provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability.

If any clause within this dispute resolution provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this dispute resolution provision, and the remainder of this dispute resolution provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire dispute resolution provision will be unenforceable and the Dispute will be decided by a court.

Continuation.

This dispute resolution provision shall survive the termination of your usage of or access to the Site, Submissions, Materials or the Services. Including the removal or deletion of all your Submissions. Notwithstanding any provision in these Terms to the contrary, the Company agrees that if the Company makes any change to this dispute resolution provision (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the language in this dispute resolution provision if a dispute between you and the Company arises.

To put it simply:

If things aren’t working out with us, let’s try to work it out. Here’s how that would work.

General.

The Company prefers to advise you if the Company feels you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by the Company, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, Texas state law and applicable US federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Travis County in the State of Texas.

To put it simply:

Austin, Texas is a really cool place – well, not in summer. In any case, if we end up in court, it’ll be there. Federal and Texas law will apply.

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Company’s failure to enforce any of these Terms is not a waiver of such Term. These Terms are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about this Site, the Submissions, the Materials and the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

To put it simply:

These provisions ensure that a deal is a deal when you are using data.world.

Company Contact.

If you have any questions about these Terms or otherwise need to contact data.world for any reason, you can reach it at Legal Department, legal@data.world, 7000 North MoPac Expressway, Suite 425, Austin, TX 78731.

To put it simply:

Great. You’ve made it to the end of our terms. Reach out if you have questions. Our lawyers spent a lot of time crafting the terms on the left, so those are the ones that actually govern our relationship. You need to read them too.