Effective date: August 24, 2021
Thank you for visiting data.org. These Terms and Conditions (the “Terms”) are a legal agreement between you and New Venture Fund (“NVF,” “we,” “us,” and “our”), which is the fiscal sponsor of the data.org website (the “Site”). All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner, and each of your heirs, assigns, and successors.
You acknowledge and agree that, by accessing or using the Site, you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Site.
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Site. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Site. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you or as required by applicable law. Your continued use of the Site after any such update constitutes your binding acceptance of such changes.
To use the features on the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these Terms. If NVF has previously prohibited you from accessing or using the Site, you are not permitted to access or use the Site.
2. ACCOUNT REGISTRATION AND USE
2.1 Account Registration and Confidentiality. You may be required to create an account to use the Site. If so, during the registration process, you must select a username and password and provide us with additional information, such as your email. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you.
2.2 Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. NVF will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by NVF or a third party due to someone else using your account.
3. OUR PROPRIETARY RIGHTS
NVF owns and operates the Site. The Site may contain graphics, information, or other content that may be protected by United States copyright laws, trademarks, and other intellectual property laws. You agree to abide by all applicable copyright and other laws.
4. USER CONTENT AND SUBMISSIONS
4.1 User Content and Submissions. The Site may enable you to submit, post, upload, or otherwise make available (collectively, “Post”) content such as photographs, questions, public messages, ideas, feedback, comments and other content (collectively, “User Content”) that may or may not be viewable by other users.
4.3 User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third-party rights. You understand that NVF does not control, and is not responsible for, User Content, and that by using the Site, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless NVF for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
4.4 User Content Review. You acknowledge and agree that NVF and its designees may or may not, at NVF’s discretion, pre-screen User Content before its appearance on the Site, but that NVF has no obligation to do so. You further acknowledge and agree that NVF reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Site. Without limiting the foregoing, NVF and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in NVF’s sole discretion. You acknowledge and agree that NVF does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
5. LICENSE AND PROHIBITED CONDUCT
5.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Site only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Site. NVF may revoke this license at any time, in its sole discretion.
5.2 Prohibited Uses. Use of the Site for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
- Post User Content or engage in any action that harasses, abuses, or threatens any other person, or that contains obscene content; is false, misleading, or inaccurate; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification; is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy;
- Use the Site commercially, for benchmarking, or to compile information for a product or service;
- Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Site, by any means except as expressly permitted by NVF (e.g., when materials, such as documents and templates, are provided on the Site for download and use) or provided for in these Terms;
- Scrape, access, monitor, index, frame, link, or copy any content or information on the Site by accessing the Site in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Site through a browser or accessing the Site through any API approved by NVF;
- Violate the restrictions in any robot exclusion headers of the Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site;
- Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
- Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
- Post or do anything that could disable, overburden, or impair the proper working of the Site;
- Post material that impedes or otherwise prohibits communication or disrupts user discussion;
- Post, utilize, or otherwise make available any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Site;
- Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
- Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
- Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Site;
- Frame, inline link, or similarly display the Site or any portion of the Site;
- Interfere with any other party’s use and enjoyment of the Site; or
- Attempt to do any of the foregoing directly or indirectly.
6. LEGAL COMPLIANCE
8. COPYRIGHT COMPLAINTS / DIGITAL MILLENIUM COPYRIGHT ACT
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512; the “DMCA”), we have implemented procedures for receiving notice of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent a notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
- 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, and information reasonably sufficient to permit the service provider to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your claims of copyright or other intellectual property infringement to our Copyright Agent at the following address:
1201 Connecticut Ave. NW, Suite 300,
Washington, DC 20036
Please note that the above contact information is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in the Terms or on the relevant Site. Correspondence pertaining to other matters sent to our Copyright Agent will not receive a response and will be disregarded. Please note that any person who submits a false or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, to our above designated Copyright Agent which contains:
- your physical or electronic signature;
- identification of the material removed or to which access has been disabled;
- a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (a) in the judicial district where your address is located if the address is in the United States, or (b) in Washington, D.C., if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or their authorized agent.
9. WARRANTIES AND DISCLAIMERS
THE SITE AND ITS CONTENTS AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, NVF DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE TRANSMISSION OF SUBMISSIONS) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iii) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. THE SITE AND ITS CONTENTS AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY ARE SUBJECT TO CHANGE WITHOUT NOTICE. WHILE THE SITE TAKES MEASURED STEPS TO ENSURE THE CORRECTNESS OF THE RESOURCES PROVIDED, THE SITE DOES NOT GUARANTEE THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND THE SITE IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY SORT ARISING FROM ACCESSING OR USING THE WEBSITE OR RELIANCE ON THE INFORMATION AVAILABLE ON THE WEBSITE. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.
IN NO EVENT SHALL NVF OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY), ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SITE, OR ANY LINK PROVIDED ON THE SITE, WHETHER OR NOT NVF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED$100.
If you are a California resident, you hereby waive California Civil Code §1542, which says: ” A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. ” This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations above specifically do apply to you.
11. THIRD-PARTY LINKS AND SERVICES
The Site may provide (1) information and content provided by third parties; and (2) links to third-party websites or resources. NVF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that NVF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
12. MODIFICATION AND TERMINATION
12.1 Modification of the Site. NVF reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice. You agree that NVF shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site
12.2 Termination. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Site at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate; however, certain provisions of these Terms will still apply post termination.
13. CONTROLLING LAW AND SEVERABILITY
These Terms shall be construed in accordance with and governed by the laws of Washington, D.C., notwithstanding its conflicts of law principles. Any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the state or federal courts of Washington, D.C., and you and NVF consent to the exclusive jurisdiction of such courts.
14. GENERAL TERMS
14.1 No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of NVF to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
14.2 Third-Party Beneficiaries/Relationship between the Parties. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No agency or employment between you and NVF is created as a result of the Terms or your use of the Site.
14.3 Statute of Limitations. Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.4 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and NVF and govern your use of the Site, and supersede any prior agreements between you and NVF on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by NVF without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of NVF. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Site for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
14.5 Notices. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following contact form.
If you have any questions about these Terms, please contact us.