Version 1, Last Updated July 13, 2022
This webpage describes the terms of service (“terms”) of the National Internet Observatory (the “Observatory”). The Observatory is research infrastructure that is developed, managed, and maintained by a team at Northeastern University. The purpose of the Observatory is to collect data about the online habits of US residents and make these data available (subject to restrictions) to external researchers. “External researchers” are people who are approved to use Observatory data for scientific and journalistic purposes.
To access and use this website, the Applications, the Research Platform, and the other Observatory services or to participate in any Research, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING ANY OF THE OBSERVATORY SERVICES, INCLUDING PARTICIPATING IN ANY RESEARCH, YOU REPRESENT THAT:
- YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THIS WEBSITE, THE APPLICATIONS, THE RESEARCH PLATFORM, OR ANY OF THE OTHER OBSERVATORY SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE OBSERVATORY;
- IF YOU ARE CONDUCTING RESEARCH FOR AN ACADEMIC INSTITUTION OR OTHER EMPLOYER, THAT YOU ARE AUTHORIZED BY THIS INSTITUTION OR EMPLOYER TO CONDUCT THIS RESEARCH; AND
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS.
3. Description of Research Platform
Researchers are solely responsible for their Research. When using the Research Platform or any of the other Observatory services, you are also solely responsible for ensuring that your use of the Research Platform and any of the other Observatory services are in full compliance with all applicable laws and these Terms.
You agree that you will only use Observatory data in accordance with submitted and approved Research; and that representations made in submitted Research Plans are accurate and truthful.
You shall (a) keep all individually identifiable data of from participants strictly confidential, (b) not remove individually identifiable data from Observatory infrastructure and (c) only use data from the Observatory in connection with approved Research; provided that this shall not prevent a Researcher from publishing data so long as it has been aggregated.
As a Researcher, you are solely responsible for all activity, acts, or omissions of any of your personnel in connection with your Research (each, a “Research User”) and you agree to abide by the following rules:
- ensure that all of your Research Users comply with these Terms, and promptly notify the Observatory of any suspected or alleged violation of these Terms including any unauthorized use of any password or account or any other known or suspected breach of security; and
- cooperate with the Observatory with respect to: (i) any investigation by the Observatory of any suspected or alleged violation of these Terms and (ii) any action by the Observatory to enforce these Terms. The Observatory may suspend or terminate a Research User's access to the Observatory services in the event that the Observatory reasonably determines that such Research User has violated these Terms.
Whether to participate in any Research is solely up to you. You may withdraw from any Research at any time by withdrawing from the Observatory.
It is your responsibility to ensure that your participation is of reasonable quality and meets the specific requirements of the Observatory. You accept that if your participation does not meet the requirements of the Observatory, or is determined by the Observatory in the Observatory’s discretion not to be of reasonable quality, you may not be paid any compensation by the Observatory (assuming there otherwise would have been compensation in the first place).
Unless otherwise agreed by you, all data you provide to the Observatory shall be owned by you; provided that you grant to the Observatory a worldwide, perpetual, irrevocable, fully paid-up, royalty-free license to use your data in connection with the Research without restriction.
Although the Observatory requires that Researchers maintain the confidentiality of any personal information that they receive through the Observatory services, the Observatory cannot and does not guarantee that the information you provide to Researchers through the Observatory services will be held in confidence or properly secured by each applicable Researcher. In addition, the Observatory takes no responsibility and assumes no liability for any Research description or other information provided by any Researcher.
3.3 PREVENTION OF UNAUTHORIZED USE
The Observatory reserves the right to exercise whatever lawful means it deems necessary to prevent the circumvention or unauthorized use of the Research Platform or any of the other Observatory services, including, but not limited to, technological barriers.
4. Registration and Use of the Research Platform
In registering and creating an account to access and use the Research Platform or any of the other Observatory services, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Observatory services registration form (“ Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Observatory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Observatory has the right to suspend or terminate your account and refuse any and all current or future use of the Research Platform and/or any of the other Observatory services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Research Platform or any of the other Observatory services if you have been previously removed by the Observatory, or if you have been previously banned from the Research Platform or any of the other Observatory services.
To access and use the Research Platform and the other Observatory services as a Researcher, you must register and create an account. You must provide the name of your research team, your name, email, birthday, and native country and any other information that we may request in connection with the registration process.
RESEARCHERS ARE STRICTLY PROHIBITED FROM DISCRIMINATING ON THE BASIS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, RELIGION, SEXUAL ORIENTATION, GENDER IDENTITY, OR MARITAL STATUS. This restriction is not intended to prohibit legitimate Research that requires Participants based on a particular race, color, ethnicity, national origin, religion, sexual orientation, gender identity or marital status.
To use the Observatory as a Participant you must register. When registering with the Observatory, you are required to provide us your email and any other information that we may request in connection with the registration process.
4.4 THE OBSERVATORY’S ROLE
The Observatory does not represent or act as an agent for any Research except for Research that the Observatory is itself conducting. The Observatory merely provides Researchers (including itself when it is acting as a Researcher) a platform, data, and other tools to conduct their Research. The Observatory is not responsible or liable for any Research. Researchers are solely responsible for any issues arising from the use of the Research Platform and any of the other Observatory services.
You acknowledge and agree that the Observatory may, with no liability or penalty, remove any content, communication, or information sent to the Observatory services.
5. Fees and Compensation, Payments and Refunds
To register to be a Participant, there is no fee. Compensation (if any) for participating in any Research will be handled by third-party companies that are not affiliated with the Observatory.
5.2 CHANGES IN FEES AND BILLING METHODS
The Observatory reserves the right at any time to change any of its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, immediately after providing written notice through any of the Observatory services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms.
FEES PAID TO THE OBSERVATORY ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY THE OBSERVATORY IN ITS SOLE DISCRETION.
6. Additional Policies
When using any of the Observatory services, you will be subject to any additional posted policies, guidelines, or rules applicable to the Website, the Applications, the Research Platform and the other Observatory services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
7. Account Security
When you access and use any of the Observatory services, you may be asked to provide a password or other credentials to facilitate two-factor authentication. You are solely responsible for maintaining the confidentiality of your account, password, and two-factor credentials, and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to the Observatory on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If you change or deactivate the email that you used to create an Observatory account, you must update your account information within 72 hours to prevent the Observatory from sending to someone else messages intended for you.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you shall immediately notify the Observatory at firstname.lastname@example.org. You may be liable for the losses incurred by the Observatory or others due to any unauthorized use of your account or any of the Observatory services.
8. Modification of these Terms
The Observatory reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Website, the Applications, the Research Platform or any of the other Observatory services. If the Observatory updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Observatory services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable fees), the Observatory will make reasonable efforts to notify you of such change. The Observatory may provide notice through a pop-up or banner within any of the Observatory services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, the Observatory may require you to provide consent by accepting the changed Terms. If the Observatory requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by the Observatory, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Observatory services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE RESEARCH PLATFORM AND ALL OF THE OTHER OBSERVATORY SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
9. Digital Millennium Copyright Act
It is the Observatory’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Notices must be sent to email@example.com. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). The Observatory reserves the right to terminate without notice any User’s access to the Website, the Applications, the Research Platform and the other Observatory services if that User is determined by the Observatory to be a “repeat infringer.” In addition, the Observatory accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
10. License Grant for Content; Representations and Warranties
10.1 LIMITED LICENSE GRANT TO THE OBSERVATORY
The Observatory services permits the uploading of pictures, text, data, information, and other input (“Content”). By uploading, providing, posting, distributing, or disseminating any Content to or through the Research Platform or any of the other Observatory services you hereby grant to the Observatory a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and modify (for format), in connection with the operation, maintenance, and support of the Website, the Applications, the Research Platform and the other Observatory services. This license continues even if you stop using the Observatory services. To the extent that any of your Content is a trademark, trade name, service mark, or service name protected by law, the foregoing license also extends to the use by the Observatory to identify you as a User as contemplated by the Observatory services. Further, to the extent you have given the Observatory the right to access certain Content that is present on another website, app, or service you own or control, you give the Observatory the right to scrape such website or app as required to retrieve such Content for use on the Observatory services as contemplated in the license grants above.
10.2 CONTENT USE BY OTHER USERS
You hereby consent to the use of your Content by Researchers that are authorized to access your Content in the manner contemplated by these Terms and any of the Observatory services.
10.3 CONTENT DISCLAIMER
You understand that when using the Research Platform or any of the other Observatory services, you may be exposed to Content or other materials from a variety of sources, and that the Observatory is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Observatory with respect thereto. The Observatory does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and the Observatory expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, the Observatory may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice.
11. Prohibited Conduct
BY USING THE RESEARCH PLATFORM OR ANY OF THE OTHER OBSERVATORY SERVICES YOU AGREE NOT TO:
- Use any of the Observatory services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, any of the Observatory services;
- Provide any services to any third party using any of the Observatory services except in accordance with these Terms;
- Copy, disclose, or distribute any data or other information available on any of the Observatory services, including any Researcher or Participant information, in any medium; provided, that if you want access to the Observatory’s data for research purposes, please contact us at firstname.lastname@example.org;
- Interfere with, circumvent, or disable any security or other technological features or measures of any of the Observatory services or attempt to gain unauthorized access to any of the Observatory services or its related systems or networks;
- Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including Researchers and Participants) of any of the Observatory services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- Use bots or other automated methods to access any of the Observatory services or perform any other activities through any of the Observatory services;
- Take any action that the Observatory determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
- Upload invalid data, viruses, worms or other software agents through the Website, the Applications and/or any of the other Observatory services;
- Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- Use any of the Observatory services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment;
- Collect or harvest any personally identifiable information from the Observatory services, except as expressly permitted by the features of the applicable Observatory services; or
- Use the Observatory services for any commercial solicitation purposes except in accordance with these Terms.
12. Third-Party Websites
The Observatory services may include links or references to other web sites or services (“Third-Party Websites”) solely as a convenience to Users. These services may include billing and payments, and payment processing.The Observatory does not endorse any such Third-Party Websites or the services, information, materials, products, or services contained on or accessible through Third-Party Websites. Access and use of Third-Party Websites, including the information, materials, products, and services on or available through Third-Party Websites are solely at your own risk.
13. Mobile and Data Charges
You are responsible for any mobile and data charges that you may incur for using any of the Observatory services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Research Platform or any of the other Observatory services.
14.1 THE OBSERVATORY
You agree that the Observatory, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Research Platform or any of the other Observatory services or any account (or any part thereof) you may have with the Observatory and remove and discard all or any part of your account, user profile, and any Content, at any time. The Observatory may also in its sole discretion and at any time discontinue providing access to the Research Platform or any of the other Observatory services, or any part thereof, with or without notice. You agree that any termination of your access to the Research Platform or any of the other Observatory services or any account you may have or portion thereof may be effected without prior notice, and you agree that the Observatory will not be liable to you or any third party for any such termination. The Observatory reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Observatory to disclose the identity of anyone believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Observatory may have at law or in equity. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD THE OBSERVATORY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OBSERVATORY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE OBSERVATORY OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Website, the Applications, the Research Platform or any of the other Observatory services, (ii) any term of these Terms, (iii) any policy or practice of the Observatory in operating the Website, the Applications, the Research Platform or the other Observatory services, or (iv) any Content transmitted through any of these Observatory services, is to terminate your account and/or your use of all of the Observatory services. You may terminate your use of the Observatory services and your account at any time. After such termination, you must refrain from use of the Observatory services until authorized by the Observatory.
15. Ownership; Proprietary Rights
The Website, the Applications, the Research Platform and the other Observatory services are owned and operated by the Observatory and based on code that has been open sourced under an MIT License available upon request to email@example.com. Excepting the open source code, the visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Observatory services provided by the Observatory (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by Users and the open source code on which the Observatory services are based, all Materials contained on any of the Observatory services are the property of the Observatory or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Observatory or its affiliates and/or third-party licensors. Except as expressly authorized by the Observatory, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Observatory reserves all rights not expressly granted in these Terms.
The Observatory shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any of the Observatory services.
You agree to indemnify, save, and hold the Observatory, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, the Applications, the Research Platform or any of the other Observatory services, including participation in any Research, any of the Content, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein. The Observatory reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Observatory, and you agree to cooperate with the Observatory’s defense of these claims. The Observatory will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You may not settle any claim without the prior written consent of the Observatory if that settlement requires an admission of liability or any payment by the Observatory.
17. No Warranties; Disclaimers
17.1 NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OBSERVATORY AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “OBSERVATORY PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM AND THE OTHER OBSERVATORY SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE OBSERVATORY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE WEBSITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER OBSERVATORY SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OBSERVATORY PARTIES OR THROUGH THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER OBSERVATORY SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
17.2 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”
YOU EXPRESSLY AGREE THAT THE USE OF THE RESEARCH PLATFORM AND ANY OF THE OTHER OBSERVATORY SERVICES OR THE PARTICIPATION IN ANY RESEARCH, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE OBSERVATORY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
17.3 RESEARCH PLATFORM OPERATION AND CONTENT
THE OBSERVATORY PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE RESEARCH PLATFORM OR ANY OF THE OTHER OBSERVATORY SERVICES, OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY THE OBSERVATORY, THE OBSERVATORY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE OBSERVATORY SERVICES OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
17.5 HARM TO YOUR COMPUTER
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH ANY OF THE OBSERVATORY SERVICES OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
18. Limitation of Liability and Damages
18.1 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE OBSERVATORY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, ASSESSMENTS, RESULTS OR CONTENT ON THE SITE, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER OBSERVATORY SERVICES OR ANY THIRD-PARTY SITES, OR ANY OTHER INTERACTIONS WITH THE OBSERVATORY, EVEN IF THE OBSERVATORY OR AN OBSERVATORY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE OBSERVATORY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18.2 LIMITATION OF DAMAGES
IN NO EVENT WILL THE OBSERVATORY PARTIES’ TOTAL AGGREGATE 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, THE APPLICATIONS, THE RESEARCH PLATFORM OR THE OTHER OBSERVATORY SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) TEN DOLLARS ($10) AND (B) THE FEES PAID BY YOU, IF ANY, TO THE OBSERVATORY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
18.3 RELEASE FOR DISPUTES BETWEEN USERS
If you have a dispute with any other Users (including any Participant or Researcher) or other third parties, you hereby release the Observatory and the other Observatory Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18.4 THIRD-PARTY SITES
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE OBSERVATORY AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE THE OBSERVATORY SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
18.5 BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE OBSERVATORY HAS OFFERED THE RESEARCH PLATFORM AND THE OTHER OBSERVATORY SERVICES, SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE OBSERVATORY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE OBSERVATORY. THE OBSERVATORY WOULD NOT BE ABLE TO PROVIDE ANY OF THE OBSERVATORY SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
18.6 LIMITATIONS BY APPLICABLE LAW
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
19. United States Export Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Observatory services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
The Observatory may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the Observatory services. Notice will be deemed given twenty-four hours after the email is sent, unless the Observatory is notified that the email address is invalid. Alternatively, the Observatory may give you legal notice by mail to a postal address, if provided by you through any of the Observatory services. In such a case, notice will be deemed given three days after the date of mailing. Notices posted on any of the Observatory services are deemed given 30 days following the initial posting.
The failure of the Observatory to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Observatory.
The Observatory provides support by email. If you require support, please contact us at firstname.lastname@example.org. Support is provided Monday to Friday, 9am to 5pm (Eastern Time). In addition, the Observatory also has free tutorials for all new research terms. These tutorials are provided via virtual call.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Observatory without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Website, the Applications, the Research Platform or any of the other Observatory services or your relationship with the Observatory, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
20.8 ENTIRE AGREEMENT
20.9 NO AGENCY
No agency, partnership, joint venture, employee-Researcher or franchiser-franchisee relationship is intended or created by these Terms.
20.10 GEOGRAPHIC RESTRICTIONS
The Observatory is based in the state of Massachusetts in the United States. The Observatory makes no claims that any of the Observatory services or any of the content is accessible or appropriate outside of the United States. Access to the Website, the Applications, the Research Platform or any of the other Observatory services may not be legal by certain persons or in certain countries. If you access any of these Observatory Services or participate in any Research from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Observatory with respect thereto.
20.11 ELECTRONIC COMMUNICATIONS
The communications between you and the Observatory use electronic means, whether you visit the Website or the Observatory services or send the Observatory e-mails, or whether the Observatory posts notices on the Website or Observatory Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from the Observatory in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that the Observatory provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Website, the Applications, the Research Platform and the other Observatory services are offered by Northeastern University located at: 360 Huntington Ave, Boston MA 02115 and email: email@example.com.
If you are a California resident, you may have this same information emailed to you by sending a letter to The National Internet Observatory, 360 Huntington Ave, Boston MA 02115 with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.