Terms of Use, Non-Commercial

Description

The data are organized in datasets (the "Datasets") listed at www.deepen.ai/exchange (the "Website"). The Datasets are collections of data, managed by Deepen AI and provided in machine-readable formats. The labels are provided in the copyrighted and licensable Deepen annotation JSON format. Deepen AI provides any individual or entity (hereinafter "You" or "Your") with access to the Datasets free of charge subject to the terms of this agreement (hereinafter "Dataset Terms"). Use of any data derived from the Datasets, which may appear in any format such as tables and charts, is also subject to these Dataset Terms.

Licenses

Unless specifically labeled otherwise, these Datasets are provided to You under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License ("CC BY-NC-SA 4.0"), with the additional terms included herein. The CC BY-NC-SA 4.0 may be accessed at https://creativecommons.org/licenses/by-nc-sa/4.0/legalcode. When you download or use the Datasets from the Website or elsewhere, You are agreeing to comply with the terms of CC BY-NC-SA 4.0, and also agreeing to the Dataset Terms. Where these Dataset Terms conflict with the terms of CC BY-NC-SA 4.0, these Dataset Terms shall prevail.

Exceptions for some third-party data. Some datasets and indicators are provided by third parties and may not be redistributed or reused without the consent of the original data provider, or may be subject to terms and conditions that are different from those described above. Where applicable, these conditions are included in the dataset or indicator metadata.

Privacy

Deepen AI will take reasonable care to remove or scrub personally identifiable information (PII) including, but not limited to, faces of people and license plates of vehicles. Furthermore, Deepen AI prohibits You from using the Datasets in any manner to identify or invade the privacy of any person even when such use is otherwise legal. If You have any privacy concerns, including to remove your name or other PII from the Dataset, please contact us by sending an e-mail to info@deepen.ai.

No endorsement. You may not publicly represent or imply that Deepen AI is participating in, or has sponsored, approved, or endorsed the manner or purpose of Your use or reproduction of the Datasets without prior written consent from Deepen AI. Deepen AI may prosecute, to the fullest extent of the law, any use of Datasets in a manner that falsifies, misrepresents, disparages, or fraudulently uses the Datasets.

No association. You may not use the name, any trade-mark, official mark, official emblem, or logo of Deepen AI, or any of its other means of promotion or publicity, without Deepen AI's prior written consent nor in any event to represent or imply an association or affiliation with Deepen AI.

Termination. Deepen AI may terminate Your access to all or any part of the Datasets or the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate Your account on the website, You may notify Deepen AI at info@deepen.ai. All provisions of the Dataset Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranties

The Datasets and Website (including, without limitation, all content and modifications of original datasets posted on the website) are provided "as is" and "as available" and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Without limiting the foregoing, Deepen AI does not warrant that: (a) The content or modifications to the dataset are timely, accurate, complete, reliable or correct in their posted forms at the website; (b) The website will be secure; (c) The website will be available at any particular time or location; (d) Any defects or errors will be corrected; (e) The website, content or any modifications are free of viruses or other harmful components; or (f) The results of using the website will meet your requirements. Your use of the website, the datasets, and any content is solely at your own risk.

Limitation of liability. In no event shall Deepen AI and its affiliates, or their directors, employees, agents, partners, or suppliers, be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the website, the datasets, or any content or user submissions (i) For any direct damages, or (ii) For any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Indemnification. You will indemnify and hold Deepen AI harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys' fees and court costs, arising from (i) Your use or misuse of the Website or the Datasets; (ii) Your access to the Website; (iii) Your violation of the Dataset Terms; or (iv) infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity, including but not limited to infringements upon any and all representations made by You in this Agreement. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

Dispute Resolution. You and Deepen AI agree that any cause of action arising out of or related to the Datasets must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and interpreted in accordance with the laws of California (excluding the conflict of laws rules thereof). All disputes under these Dataset Terms will be resolved in the applicable state or federal courts of California. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.

Integration and severability. This Agreement is the entire agreement between You and Deepen AI with respect to the Datasets and use of the Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Deepen AI with respect to the Website (but excluding the use of any third-party software, widgets, and applications that may be subject to a separate end-user license agreement). If any provision of the Dataset Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Dataset Terms will otherwise remain in full force and effect and enforceable.

Miscellaneous. Deepen AI may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Dataset Terms and neither party has any authority of any kind to bind the other in any respect outside the specified terms of this Agreement. In any action or proceeding to enforce rights under the Dataset Terms, the prevailing party will be entitled to recover costs and attorneys' fees. These Dataset Terms may be amended by Deepen AI from time to time at our sole discretion. Please periodically review the controlling version of these Dataset Terms. By continuing to use the Datasets subsequent to Deepen AI making available an amended version of these Dataset Terms, You acknowledge, agree and consent to such amendment. You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your use or publication of the Datasets, including any applicable privacy, data protection, security, and export laws. You agree to take reasonable steps to assist Deepen AI in fulfilling responsibilities to comply with applicable laws with regard to use or publication of Datasets.