TERMS AND CONDITIONS
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PLEASE REVIEW BEFORE USING THIS WEB SITE – IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Thank you for your participation in the Herdict Web project ("Herdict Web") at the Berkman Center for Internet and Society ("BCIS"). For purposes of Herdict Web, BCIS provides a variety of software and services (the "Herdict Web Materials"), including the Herdict web site (the "Herdict Web Site"), the Herdict Reporter (a part of the Herdict Web Site) (the "Reporter"), the Herdict Commons (a part of the Herdict Web Site) (the "Herdict Commons"), and the Herdict Web Browser Add-on (the "Add-on"). By accessing or using the Herdict Web Materials, and in consideration for the software and/or services we provide to you, you agree to abide by the following terms and conditions (the "Terms"). For the purposes of these Terms, "Herdict" will be used to refer to BCIS, Herdict Web, the Herdict Web Materials, and any other associated projects, web sites, or services. Herdict may operate additional projects or services, which may require separate or additional terms. Such different terms are made available though the individual project or service and are not addressed further herein.
Summary – please see below for details
- This Summary is merely provided for your convenience, and does not constitute the contract between you and Herdict. It is thus important that you actually read the full Terms.
- These Terms can change at any time, so please check back periodically.
- You must be 13 years of age or older to use Herdict.
- The Herdict Web Materials are licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Feel free to share anything you find on this site, but please give proper attribution and do not make commercial use of it.
- We have the right to restrict your use of Herdict, refuse to post content you provide, or terminate any or all of our offerings at any time. While we promise not to edit any of the reports we choose to post, we may be required to edit content posted to the Herdict Commons if that content violates these Terms of Service.
- We are not responsible for any third-party content found on, linked from, or displayed within the Herdict site, so follow any links, advice, or other content at your own risk. As with everything you see online, use proper judgment.
- Herdict comes without a warranty. We cannot guarantee that it will work (or work properly), and you access the site at your own risk. Do not do anything that will damage our servers or impair Herdict from functioning, because you will be held responsible if you do.
- Use accurate information when registering, keep it current, and protect your password.
- Any content you post may be re-used by others for non-commercial purposes, as long as they provide credit and allow others to re-use the content.
- While we value open discussion, there are some things that you cannot post, including content that is illegal, defamatory, involving personal attacks, or otherwise inappropriate; content that is unrelated to the purpose of the site; or copyrighted content without the copyright owner’s permission.
What is Herdict Web?
Herdict Web is a voluntary, participant-based program to research and document web site inaccessibility in different parts of the world. To accomplish these goals, Herdict Web interacts with users via the Herdict Web Site and the Add-on.
The Herdict Web Site allows you to explore collected information submitted by other users to see whether a web site is Accessible or Inaccessible in different countries around the world. Accessible means users reported they could see the site, and Inaccessible means they could not. From the Herdict Web Site, you can explore our information by web site or by country. You can review reports on many different web sites in detail, including how many times each site has been reported Accessible and Inaccessible, the countries from which users submitted their reports, and when the users submitted their reports. You can also break down these views by individual reports and see each user's ISP, report date, and any comments the user added. The user's IP address and any other personally identifiable information are never displayed (unless specifically entered by user).
The Herdict Web Site also allows you to participate in Herdict Web by reporting your own experiences with Accessible or Inaccessible web sites. While on the Herdict Web Site, you can report your experiences in the Reporter section. In this section you can test whether you are able to access various web sites, including web sites on which we have received reports from others. Each web site you test will be displayed within the Reporter window, and you can click the Accessible or Inaccessible buttons to report your experience. You also have the opportunity to enter any additional comments or change your country location and ISP (which Herdict Web may suggest based upon your IP address).
In addition to using the Reporter section of the Herdict Web Site, you can also participate in Herdict Web by downloading our Add-on. The Add-on will install an icon of a sheep in the toolbar of your web browser. This sheep icon will be orange, yellow, gray, or green for each web site you visit to let you know if other Herdict users have been able to access that site. An orange sheep indicates users in your country have reported the web site Inaccessible, a yellow sheep indicates users in other countries have reported the web site Inaccessible, and a green sheep indicates that Herdict Web has received no reports that the web site is Inaccessible. A gray sheep indicates that the Add-On has been disabled by the user. As you access different web sites, you can add to this information by clicking the sheep icon and selecting "Report This Site" to report your experience to us. As you make your report using the Add-on, you will have the opportunity to provide the same details as reports generated by using the Reporter section of the Herdict Web Site.
Data collection will occur whenever you make a report - either through the Reporter section of the Herdict Web Site or through the Add-on. This data is stored on Herdict servers. Your data is then put together with others' and used both on the Herdict Web Site and in creating the orange, yellow, or green sheep indicator for the Add-on. For more information on what data Herdict collects through your use of the Herdict Web Materials, please see our Privacy Statement.
The Herdict Web Site also offers a message board, called the Herdict Commons, which aims to provide a safe and user-friendly destination for people to ask questions, answer questions and otherwise compare data to determine if inaccessibility is a shared problem.
Changes to Terms and Conditions
Herdict reserves the right to change the Terms under which the Herdict Web Materials are offered at any time, at Herdict's sole discretion. Your continued use of the Herdict Web Materials constitutes your assent to all such changes and agreement to all such Terms. Please periodically visit this section of the Herdict Web Site to review the current version of the Terms.
By agreeing to these Terms and using the Herdict Web Materials, you affirm that you are at least 13 years of age and are legally capable of entering into the conditions, obligations, affirmations, representations and warranties set forth in these Terms, and that you will comply with all of these Terms.
You acknowledge that Herdict or its licensors own all right, title and interest in and to the Herdict Web Materials, including, without limitation, all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree not to misappropriate the Herdict name for any use that is inconsistent with the Intellectual Property Rights of Herdict or its licensors, including, without limitation, using the Herdict name to endorse views not adopted by Herdict Web. You also agree to not remove, obscure, or alter Herdict's or its licensors' copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Herdict Web Materials.
All contents of Herdict Web, except those contributed by users, are © Herdict, licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Please read the terms of this license, found here. Pursuant to this license, you agree to properly attribute Herdict as the source of any content you take from Herdict Web, and agree to distribute any derivative works you create from Herdict content under the same or a similar license. Furthermore, the Herdict Web Materials are made available to you for your non-commercial use only. “Non-commercial use” means use in a way that is not intended to (and does not) generate money. Commercial uses include but are not limited to actions such as selling the Add-on, selling data generated by Herdict Web, selling data derived from data generated by Herdict Web, and so on. You may not make or attempt to make any commercial use of Herdict Web Materials without first obtaining express written authorization from Herdict.
Finally, you are allowed to make and distribute copies of the Add-on, but only to (a) users who have read and agreed to be bound by these Terms, or (b) users whom you have the legal power to bind to contracts such as this (if you do not know whether you have this power, please ask a lawyer). So you are not allowed, for example, to install the Add-on on your friend's computer unless he or she reads and agrees to this contract.
Limits on Damaging Uses
You may not use the Herdict Web Materials in a way that damages Herdict's servers, nor may you use them in a way that interferes with anyone else's use or enjoyment of the Herdict Web Materials. You agree not to interfere with the proper working of the Herdict Web Materials. You agree not to submit to Herdict Web the e-mail addresses, or other identifying information, of parties other than yourself for any purposes, including, but not limited to, the purposes of harassment.
Herdict reserves the right to terminate or restrict your access to the Herdict Web Materials, with or without notice, for any or for no reason, and without any liability to you. So if, for example, for no reason we decide never to let you use the Herdict Web Materials again, you have no recourse, even if something bad happens as a result.
Herdict disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Herdict Web Materials, including any software provided through the Herdict Web Materials. Herdict reserves the right to modify, suspend, or discontinue any or all portions of the Herdict Web Materials or access thereto without any notice at any time and without any liability to you. In other words, we may decide to close up shop (or any part of the shop) at any time, and we do not need to inform you ahead of time. Nor will we be responsible for anything bad that happens to you as a result of your use of our web site and its associated parts, or any harm that occurs because our site (or any associated part) is no longer available to you.
Herdict Web depends, to a great deal, on the free dissemination of user-generated content (such as your comments) through Herdict's reports, its blog, the Herdict Commons, and other parts of Herdict Web. In order to enable such dissemination of user-generated content, you grant to Herdict an automatic, worldwide, irrevocable, perpetual, non-exclusive, royalty-free license (with the right to assign, transfer, and/or sublicense) to use, copy, publicly perform, display, reformat, translate, prepare derivative works of, incorporate into other works, excerpt (in whole or in part), and distribute such user-generated content for any purpose on or in connection with Herdict Web, in any content that you submit to Herdict Web through the use of the Herdict Web Materials.
Furthermore, with respect to any content that you submit to Herdict, whether through the Reporter, the Herdict Commons, or any other means, you represent and warrant that you have all right, title, and interest to such content, including, but not limited to, any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that submitting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, that all information contained in the submitted content is accurate, lawful, complete, truthful, and your own work or work you are authorized to submit, and that the submitted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate these Terms. You further take all responsibility for any consequences of any content you submit to Herdict.
You understand that material made available by Herdict is a product of a community effort and does not necessarily represent the view of Herdict. Herdict assumes no responsibility for the accuracy, truthfulness, suitability, completeness, or usefulness of any content provided, including, but not limited to, content posted to the Herdict Commons or user-generated reports, including any information on web site accessibility, users’ ISP and geographical location, or users’ additional comments. Further, Herdict is not responsible for any user-generated information that may be indecent or otherwise objectionable. You understand that all user-generated content is the sole responsibility of the user that originally created that content, including the content of all reports.
In addition, Herdict is not responsible for the content of any third-party web sites displayed in the Reporter, nor does the display of such web sites represent an endorsement of their content. Furthermore, you understand that Herdict has not and cannot review all material made available through web sites linked or linking to any part of this site. You also understand that no such linking implies in any way that Herdict endorses or is affiliated with any third-party web site. You agree that Herdict bears no responsibility or liability for any content accessed or harm caused from any third-party web site.
Content on the site may include information that is out of date, specific to particular types of situations, or applicable only based on a specific set of facts. It is your responsibility to evaluate the information you obtain by participating in Herdict Web, and to make your own informed decisions before taking any action based on information or recommendations obtained through the Herdict Web Materials. You are using the information provided by the Herdict Web Materials at your own risk.
Except where otherwise noted, any and all content contributed by you to Herdict Web, the Herdict Web Site, or the Herdict Commons is submitted under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License.
Contributed content should be relevant to the subject scope of Herdict Web. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Herdict has the right (though not the obligation) to remove, without notice, any content posted which Herdict considers, for any reason, to violate these Terms or to be outside the subject scope of the Herdict Web Materials. Herdict may terminate any account, with or without notice, for posting such content.
That having been said, Herdict will never edit any of the reports we receive. However, Herdict reserves the right to choose not to post a received report for any reason, including if we determine that the reported web site contains adult material, obscenity, and the like. We may also choose to block a particular user from posting any reports at all for any reason.
Please read our Privacy Statement, which is incorporated herein by reference.
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
Disclaimer of Warranties and Limitation of Liabilities
You agree that Herdict does not provide any warranty whatsoever, so if the Herdict Web Materials do not work, do not work as well as you would like, and so on, you cannot make a claim against Herdict. In addition, while Herdict does not intend that any damage will occur as a result of your use of the Herdict Web Materials, you agree to assume the risks of using or misusing the Herdict Web Materials. You agree that you do not have any legal claims against Herdict, regardless of what does or does not happen, and regardless of any damage to anyone or anything, as a result of your use or misuse. Herdict disclaims any responsibility for any harm resulting from your use of the Herdict Web Materials. In legal terms:
THE HERDICT WEB MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HERDICT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE HERDICT WEB MATERIALS' OPERATION OR THE INFORMATION INCLUDED IN THE HERDICT WEB MATERIALS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HERDICT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF HERDICT, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You are solely legally liable if your use or misuse of Herdict Web Materials causes damage to Herdict Web or someone or something else. You acknowledge and agree to indemnify and hold Herdict, BCIS, and Herdict Web, their affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of your use of the Herdict Web Materials, your violation of these Terms, or the infringement by you or made under your account of any intellectual property or other rights of any person or entity.
No Waiver of Terms
Failure of Herdict to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of the Commonwealth of Massachusetts, in the United States of America, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Massachusetts in the event of any dispute of any kind arising from or relating to the Herdict Web Materials, or your use or review of the Herdict Web Materials.
Because we expect users to participate in Herdict Web all over the world, you agree to comply with all local laws, including those regulating Internet activity.
This contract overrides any other agreements between you and Herdict with respect to the matters addressed herein. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Herdict Commons Account
To utilize the Herdict Web Materials, or certain portions thereof, you may be required to complete a registration process and establish an account with Herdict (“Herdict Account”). You represent and warrant that all information provided by you to Herdict is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security
As a registered user of Herdict Web, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Herdict Account(s). You understand and agree that you a fully responsible for all actions and postings made from your Herdict Account(s). Any accounts you create are not transferable. You agree to notify Herdict immediately if you become aware of any unauthorized use of your Herdict Account(s).
Herdict reserves the right to terminate your Herdict Account or to delete any content posted through your Herdict Account, with or without notice, for any or for no reason, and without any liability to you.
Last updated October 27, 2009