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<h2>Terms of Service</h2>
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<h2>1. Introduction</h2>
<p>The following terms and conditions govern all use of the crowdAI.org website (“the Website”) and all content, services, and products available at or through the CrowdAI Website (taken together, “our Services”).</p>
<p>crowdAI Website and Services are operated by Ecole Polytechnique Federale de Lausanne, 1015 Lausanne, Switzerland, through its Digital Epidemiology Laboratory (hereafter “EPFL”). Any reference to “crowdAI” in these Terms of Services shall be a reference to Ecole Polytechnique Federale de Lausanne.</p>
<p>Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, crowdAI's Privacy Policy for personal data) and procedures that may be published from time to time by crowdAI (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.</p>
<p>Please read this Agreement carefully before accessing or using our Services.</p>
<p>Use of our Services requires a crowdAI.org account. You agree to provide us with complete and accurate information when you register for an account as outlined below.</p>
<h2>2. crowdAI Account</h2>
<p>Your crowdAI.org Account. There are two types of accounts :</p>
<ul>
<li>- User account.</li>
<li>- Organizer account.</li>
</ul>
<p>As used in this Agreement, “You” refers to the User or the Organizer.</p>
<p>If you register not as an individual but as an employee of a university, company or other entity, you shall make sure the account is registered with your employer’s consent.</p>
<p>There are no fees for the User accounts. The fees and terms of payment for the Organizer accounts are published on crowdAI.org.</p>
<p>You become a User by creating a User account on crowdAI.org.</p>
<p>To become an Organizer, you shall apply with the application form available on crowdAI.org. Organizers might be academic institutions, NGOs and public or private companies.</p>
<p>Upon remittance of any documents as requested on the Organizer pages of crowdAI.org, crowdAI will decide finally on the acceptance of an Organizer; CrowdAI shall have the right to refuse any application as an Organizer. Upon acceptance as an Organizer, you will be requested to create an Organizer account.</p>
<p>If you create an account (either as a User or an Organizer) , you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the content. You must immediately notify crowdAI of any unauthorized uses of your content, your account, or any other breaches of security. crowdAI will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Any User having opened an account with crowdAI will have the right to participate to the challenges launched on crowdAI.org (“the Challenges”).</p>
<h2>3. Users’ Responsibility</h2>
<p><b>Responsibility of Users and Organizers</b> You will be solely responsible and liable for any activity that occurs under your name. You are responsible for keeping your password secure.</p>
<p><b>Responsibility of Contributors</b> A Contributor is a User or Organizer up-loading or posting any material, code, data, links or other information (or allowing any third party to make such up-loads) (“Content”). You are entirely responsible for the Content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, data, photo, video, audio, or code. By using crowdAI.org, you represent and warrant that your Content and conduct do not violate this Agreement or the guidelines published on crowd.AI.org in connection with the Challenges (“Participant Guidelines”). You acknowledge and agree that your Content is not confidential and you represent and warrant that your Content may be publicly displayed and shared openly.</p>
<p>You further represent and warrant that your Content and your use of the Services comply with all applicable laws (e.g. criminal laws, data protection laws) and do not infringe on third parties’ rights (including copyrights, database rights, trademark rights, patent rights, license rights and personal rights).</p>
<p>In particular, you will not upload, post, host, or transmit any Content that:</p>
<ul>
<li>- is unlawful or promotes unlawful activities;</li>
<li>- violates any personal data protection and/or privacy laws;</li>
<li>- is defamatory, or fraudulent;</li>
<li>- is discriminatory or abusive toward any individual or group;</li>
<li>- infringes on any proprietary right of any party (including copyrights, database rights, trademark rights, patent rights, license rights, and personal rights);</li>
<li>- violate any agreement you have with third parties (including confidentiality agreements).</li>
</ul>
<p>Without limiting any of those representations or warranties, crowdAI has the right (though not the obligation) to, in crowdAI’s sole discretion, (i) refuse or remove any Content that, in crowdAI’s reasonable opinion, violates this Agreement, any crowdAI policy or is in any way harmful or objectionable, and/or (ii) terminate or deny access to and use of crowdAI.org to any individual or entity having posted any such Content (and terminate your account and any related Challenge).</p>
<p><b>EPFL Directives.</b>You shall abide to <%= link_to 'EPFL Directive on the Use of EPFL electronic infrastructure', 'https://polylex.epfl.ch/page-60179-en.html' %>.</p>
<p><b>Indemnification.</b> You shall indemnify and hold EPFL, its suppliers and licensors harmless against any claims and damages arising from your unlawful use of our Services or any violation of this Agreement.</p>
<h2>4. Licenses under your Content</h2>
<p><b>License to crowdAI.</b> By up-loading Content to crowdAIWebsite, you grant crowdAI a world-wide, perpetual, royalty-free, and non-exclusive license to reproduce, modify, adapt, copy, store and publish the Content solely for the purpose of displaying your Content and allowing crowdAI to operate the Website and the Services. This license allows crowdAI to make your Content publicly available on crowdAI Website. If you delete Content, crowdAI will use reasonable efforts to remove it from crowdAI.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable.</p>
<p><b>Code – Open Source License.</b> You shall post any software on crowdAI web site only under the <%= link_to 'MIT open source license', 'https://opensource.org/licenses/MIT' %>.</p>
<p>crowdAI reserves the right to delete any code up-loaded that is not released under MIT open source license or even to terminate your account.</p>
<p><b>Other Content – Creative Common License.</b> You shall post any Content on crowdAI (other than software) only under the following <%= link_to 'Creative Commons License : Attribution 4.0 International (CC BY 4.0)', 'https://creativecommons.org/licenses/by/4.0/' %>.</p>
<p>crowdAI reserves the right to delete any of your Content that is not published under Creative Commons license or even to terminate your account.</p>
<h2>5. Copyright Infringement</h2>
<p>As crowdAI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by crowdai.org violates your copyright, you are encouraged to notify at <%= mail_to 'info@crowdai.org' %>. crowdAI will examine all such notices and as required or appropriate will remove the infringing material or disabling all links to the infringing material. crowdAI will terminate a User’s or Organizer’s access to and use of the Website if, under appropriate circumstances, the User or Organizer is determined to be a repeat infringer of the copyrights or other intellectual property rights of crowdAI or others. In the case of such termination, crowdAI will have no obligation to provide a refund of any amounts previously paid to crowdAI and reserves any other remedy provided by law.</p>
<h2>6. Intellectual Property</h2>
<p>This Agreement does not transfer from crowdAI to you any crowdAI or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with crowdAI. crowdAI, crowdAI.org, the crowdAI.org logo, and all other trademarks, service marks, graphics and logos used in connection with crowdAI.org or our Services, are trademarks or registered trademarks of crowdAI or crowdAI’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any crowdAI or third-party trademarks. So, you shall not reproduce, copy, sell, resell or exploit any portion of the Services or the Website.</p>
<h2>7. Challenges</h2>
<p>Once accepted by crowdAI (see Section 2 above), an Organizer can ask crowdAI to create a challenge by sending the proposed challenge description and rules to crowdAI. CrowdAI will decide if it accepts the proposed challenge or not. If crowdAI accepts the challenge, crowdAI will consult with the Organizer to assist in preparing the challenge technical information, the Participant Guidelines, building a grader algorithm for the challenge and testing the challenge and submission process. crowdAI will then activate the challenge and sends an email out to the Users announcing the launch of the challenge.</p>
<p>crowdAI only allows the Organizer to run the challenge on the Website but the challenge shall be run under the Organizer’s sole responsibility; The review and assistance by crowdAI does not release the Organizers’ liability in connection with the challenge. The Organizer may promote the challenge within their own network, independent of crowdAI.</p>
<p>If you participate to any challenge organized on crowdAI, you shall abide by the Participants Guidelines and other rules of the respective challenge as will be defined by its Organizer and published on the challenge home page.</p>
<p>The ranking results on the crowdAI leaderboards are determined according to the rules of the challenge, as specified on the challenge home page. crowdAI reserves the right to make the final decision on the winner of a given challenge, and all results are final and no correspondence will be exchanged between you, crowdAI and/or the challenge Organizer.</p>
<p>It is hereby understood that crowdAI will request the winner’s consent before sharing his/her personal data with the Organizer. The winner hereby acknowledges that the award will be granted when the Organizer receives all the requested personal information.</p>
<h2>8. Changes</h2>
<p>We are updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on crowdAI.org, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services and terminate your account within the designated notice period. For any modification, our continued use of our Services constitutes agreement to our revisions of these Terms of Service.</p>
<h2>9. Termination</h2>
<p>crowdAI may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your crowdAI.org account (if you have one), you can cancel your account at any time by going into your account settings. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.</p>
<h2>10. Disclaimer of Warranties</h2>
<p>Our Services are provided “as is.” crowdAI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither crowdAI nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.</p>
<h2>11. Limitation of Liability</h2>
<p>In no event will crowdAI, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data;. crowdAI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.</p>
<p>If you have a dispute with one or more other Users and/or Organizers, you agree to release crowdAI from any and all 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.</p>
<p>Should crowdAI liability limitations not be enforceable under because of imperative law, then the maximum liability of crowdAI in connection with the Services shall be limited to the smaller of the amount paid by the Organizer or User over the last six months or five hundred Swiss francs.</p>
<h2>12. Indemnification</h2>
<p>You agree to indemnify and hold harmless crowdAI, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement. In addition, if you are an Organizer, you agree to indemnify and hold harmless crowdAI, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of any challenge you run on the Website.</p>
<p>If you have a dispute with one or more Users or Organizers, you agree to release crowdAI, its contractors, and its licensors, and their respective directors, officers, employees, and agents from any and all 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.</p>
<h2>13. Translation</h2>
<p>These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.</p>
<h2>14. Legal Notices</h2>
<p>Legal notice to crowdAI must be in writing and served to : Ecole Polytechnique Fédérale de Lausanne, Centre Est, Station 1, 1015 Lausanne, Switzerland with a copy to <%= mail_to 'info@crowdai.org' %>.</p>
<h2>15. Governing Law – Place of Jurisdiction</h2>
<p>Except to the extent applicable law provides otherwise, this Agreement between you and crowdAI, and any access to or use of the Website or the Services are governed by Swiss law, without regard to conflict of law provisions. The cantonal court of the Canton Vaud located in Lausanne, Switzerland, shall have exclusive jurisdiction for any dispute and claim arising in connection with this Agreement and/or in connection with the use of the Website or our Services.</p>
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