Terms of Use

 
 

Welcome to the COVID-19 Design Challenge website. The COVID-19 Design Challenge is a collaborative effort between International Business Machines (IBM), World Design Organization (WDO) and Design for America (DFA) (“we” or “us”), to address the challenges presented by the COVID-19 pandemic.  We welcome you (“you” or the “user”) as a reader, editor, author, or contributor of the projects on the COVID-19 Design Challenge website, and we encourage you to join us in identifying swift and effective solutions. Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”).

You are welcome to join as a contributor, but you should follow the policies that govern each project. Each project has a team of contributors who work together to create and manage the content for that project.  You are welcome to join these teams and work with them to improve these projects. Because we are dedicated to making content freely accessible to the public, we generally require that all content you contribute is available under a free license.

Please be aware that you are legally responsible for all of your contributions under the laws of the United States of America and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety.

 

01

Privacy Policy

We ask that you review the terms of our Privacy Policy [WS1] so that you are aware of how we collect and use your information.

 

02

Trademarks

The logos of the WDO, IBM and DFA are trademarks that belong to us, and any use of our logos is prohibited.  However, we do encourage you to use the hashtag #COVID19DesignChallenge.

 

03

Licensing of Content

All users contributing to the COVID-19 Design Challenge projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed. 

By contributing to a COVID-19 Design Challenge project, you agree to the following: (1) software code contributions will be licensed under the Apache v2.0 license, (2) data contributions will be licensed under CDLA Permissive license, and (3) all other contributions will be licensed under the CC-BY 3.0 license.

Furthermore by contributing to this challenge you certify that:

(a) The contribution was created in whole or in part by me and I have the right to submit it under the open license indicated above; or

(b) The contribution is based upon previous work that, to the best of my knowledge, is covered under an appropriate open license and I have the right under that license to submit that work with modifications, whether created in whole or in part by me, under the same open license (unless I am permitted to submit under a different license), as indicated above; or

(c) The contribution was provided directly to me by some other person who certified (a) or (b) and I have not modified it.

(d) I understand and agree that this project and the contribution are public and that a record of my contribution may be maintained indefinitely and may be redistributed consistent with this project or the open license(s) involved.

 

04

DMCA Compliance

It is our policy to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material.  If you are alleging that copyrighted material may have been or is being infringed, then you may notify us, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the following email address: [WS2]  .

Such notice must include the following to be effective:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. 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 us to locate the material;

  4. Information reasonably sufficient to permit us to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notices
If material that you have posted has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the following email address: [WS3] 

Such notice must include the following to be effective:

  1. A physical or electronic signature of the subscriber;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which WHO, IBM or DFA may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

 

05

Termination


You may stop accessing this site at any time, and at any time we may terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available, and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content on the COVID-19 Design Challenge projects. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions.

 

06

Disclaimers

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION,  WE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

07

Limitation of Liability

 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

 

08

Other Terms

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us.  If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on project websites.

If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us or the projects on this site.

Notwithstanding any provision to the contrary in these Terms of Use, we and you agree not to modify the applicable terms and requirements of any free license that is employed on the projects when such free license is authorized by these Terms of Use.

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect.

 

The text of this Terms of Use was modified from the Terms of Use of Wikimedia.org, and is licensed under CC BY-SA 3.0.

[WS1]If we use cookies or track users in any way then we’ll need a privacy policy.  If we use cookies then under the CCPA and GDPR then we need affirmative consent, usually implemented in the form of a popup on the bottom of a page.

[WS2]Who will receive and act on DMCA notices?

[WS3]Who will receive and act on DMCA notices?

 
 

By contributing to this challenge, I agree to the following (1) software code contributions will be licensed under the Apache v2.0 license, (2) data contributions will be licensed under CDLA Permissive license, and (3) all other contributions will be licensed under the CC-BY 3.0 US license.  

Furthermore by contributing to this challenge I certify that: 

  1. The contribution was created in whole or in part by me and I have the right to submit it under the open license indicated above; or

  2. The contribution is based upon previous work that, to the best of my knowledge, is covered under an appropriate open license and I have the right under that license to submit that work with modifications, whether created in whole or in part by me, under the same open license (unless I am permitted to submit under a different license), as indicated above; or

  3. The contribution was provided directly to me by some other person who certified (a) or (b) and I have not modified it.

  4. I understand and agree that this project and the contribution are public and that a record of my contribution may be maintained indefinitely and may be redistributed consistent with this project or the open license(s) involved.