2. EU Data Users:
If Pandemicip.org receives any user data constituting “personal data” as defined in the EU Data Protection Directive 95/46/EC (as may be amended from time to time) from users, including any such personal data that may be collected by or stored or otherwise hosted on servers owned or controlled by PandemicIP.org, then user agrees that: (i) customer is the data controller with respect to such user Data; and (ii) user will comply with all applicable laws, including the EU Data Protection Directive, applicable to such user Data, including obtaining all necessary consents from relevant EU Data Subjects and taking actions necessary to enable the users to exercise their rights of notice, disclosure, access, accountability and other rights under the relevant data protection law. PandemicIP.org will act as the data processor of such user Data and in that capacity will use commercially reasonable efforts to assist Customer in enabling it to comply with the applicable data protection law. User acknowledges that PandemicIP.org utilizes servers located in the United States, and consents to the transfer of user Data to the United States. User further acknowledges and agrees that any data or information stored by user on such servers is subject to the laws of the United States, including copyright, privacy and defamation laws.
3. Data Security:
PandemicIP.org will use commercially reasonable efforts to prevent the unauthorized access, use or disclosure of user Data and user Information located on PandemicIP.org servers, including the implementation of industry-standard measures designed to maintain the security of such data. User acknowledges, however, that PandemicIP.org cannot guarantee the security of such data given the nature of the Internet.
4. Who May Use the Services:
You, the User, may use the Services only if you agree to form a binding contract with PandemicIP.org and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services.
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
5. Terms for Contributors of Ideas:
If you are accepting these Terms and using the Services, and contributing intellectual property for use by others, you represent and warrant that the following statements are true and accurate:
You (“Contributor”) originated the idea(s)/design(s)/intellectual property. Contributor wishes to contribute, publish and disseminate on PandemicIP’s site (“hereinafter referred to as the Contributed IP”).
The Contributed IP does not contain and was not borrowed, taken or copied from the ideas/designs/intellectual property of others.
Contributor is not aware that of any U.S. patent, copyright, trade secret or trademark right that is infringed by Contributed IP.
Contributor agrees to provide a list of any patents, copyrights or trademark rights Contributor owns or controls that apply to the Contributed IP.
Contributor agrees anyone who learns of the Contributed IP from using the PandemicIP web site (“IP Recipient”) shall have an irrevocable, worldwide, royalty-free license to exploit all intellectual property Contributor owns or controls at any time that is necessary to exploiting the Contributed IP (“IP Licenses”), and the IP License shall be attached to and run with such intellectual property even if Contributor later transfer or sell such intellectual property. Contributor further agrees that an IP Recipient may freely transfer the IP License to a successor in interest.
Contributor agrees to notify PandemicIP if Contributor becomes aware of any intellectual property that is infringed by the Contributed IP, or if Contributor obtains ownership or control of any additional intellectual property applicable to the Contributed IP.
7. Content on the Services:
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the User Agreement, including for example, patent, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this.
8. Your Rights and Grant of Rights in the Content:
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content). By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same.
You agree that this license includes the right for PandemicIP.org to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by PandemicIP.org, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. PandemicIP.org has an evolving set of rules for how ecosystem partners can interact with your Content on the Services.
These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant PandemicIP.org the license described above.
9. Using the Services:
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally.
We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, PandemicIP.org’s computer systems, or the technical delivery systems of PandemicIP.org’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PandemicIP.org (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PandemicIP.org (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of PandemicIP.org is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PandemicIP.org, its users and the public.
If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide.
Your License to Use the Services PandemicIP.org gives you a personal, worldwide, royalty-free, non-assignable and nonexclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PandemicIP.org, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the PandemicIP.org name or any of the PandemicIP.org trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of PandemicIP.org and its licensors.
Any feedback, comments, or suggestions you may provide regarding PandemicIP.org, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Ending These Terms:
You may end your legal agreement with PandemicIP.org at any time by deactivating your accounts and discontinuing your use of the Services; PROVIDED, HOWEVER, THAT ANY IP LICENSES OF ANY CONTRIBUTED IP SHALL REMAIN IN EFFECT AND SURVIVE TERMINATION OF THIS AGREEMENT. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.
11. Disclaimers and Limitations of Liability:
The Services are Available “AS-IS” Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “PandemicIP.org Entities” refers to PandemicIP.org, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE PANDEMICIP.ORG ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The PandemicIP.org Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the PandemicIP.org Entities or through the Services, will create any warranty or representation not expressly made herein. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PANDEMICIP.ORG ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PANDEMICIP.ORG ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PANDEMICIP.ORG, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PANDEMICIP.ORG ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at PandemicIP.org.com/tos, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. The laws of the State of Minnesota, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and PandemicIP.org. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Hennepin County, Minnesota, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Minnesota (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. PandemicIP.org’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and PandemicIP.org.