Terms of Use
Effective
Date: March 17th, 2014
Last
Updated Date: August 24th, 2016
I.
Introduction and Eligibility
Please read these Terms of Use (“Terms”) carefully before using
the Site.
These Terms include Data Science Evangelists’
Privacy Policy, which is incorporated by reference into these
Terms. We have included several
annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only
and have no legal or contractual effect.
|
This agreement is a
legally binding contract. It may
change as our business changes, and you agree you will review it and any
updates regularly. Your continued
use of the Site means you accept any changes. |
Binding Agreement. These Terms constitute a binding agreement
between you and Data Science Evangelists, Inc.
and its affiliates and subsidiaries (“Company,”
“we,” “us”). “You” and “users” shall mean all visitors to the
Site. You accept these Terms each
time you access the Site. If you do not accept these Terms, you must
not use the Site. If you are under 18 years of age, you
represent and agree that you possess the legal consent of your parent or
guardian to access and use the Site.
Revisions to Terms. We may revise these Terms at any time by
Posting an updated version. You should visit this page periodically to review
the most current Terms, because you are bound by them. Your continued use of the Site after a change
to these Terms constitutes your binding acceptance of these Terms.
The terms “Post” and “Posting”
as used in these Terms shall mean the act of submitting, uploading, publishing,
displaying, or similar action on the Site.
This agreement supercedes the previous terms of use.
II.
The Site
The “Site” means any website, mobile application, or Internet service under Company’s control, whether partial or otherwise, in connection with providing the services provided by Company. The Site provides information on, and facilitates the application process for, the Company’s fellowship training PhDs as data scientists and quantitative analysts. PhDs selected as fellows are “Fellows.” The application to be a Fellow is an “Application.”
III.
Eligibility to Use the Site
Children. No part of the Site is directed to persons
under the age of 13. IF YOU ARE UNDER 13
YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The
SITE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using
the Site on behalf of a company, entity, or organization (collectively “Organization”), then you
represent and warrant that you:
IV.
Your Application
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You are responsible for your credentials and for keeping
your information accurate. You are responsible for any activity resulting from the
use of your name or email address during the application process on the Site. |
V.
Communications
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Company may communicate with you by email or Posting
notice on the Site. You may request
that we provide notice of security breaches in writing. |
You agree to receive email from us at the email address you provided to us for customer service and marketing related purposes.
Electronic Notices. By using
the Site or providing Personal Information to us, you agree that we may
communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Site. If we learn of a security system’s breach, we
may attempt to notify you electronically by Posting a notice on the Site or
sending an email to you. You may have a
legal right to receive this notice in writing.
To receive free written notice of a security breach (or to withdraw your
consent from receiving electronic notice), notify us through the website
Electronic Communications. Internet communications via Data Science Evangelists, Inc. servers are not secure, and Data Science Evangelists, Inc. do not accept legal responsibility for the contents of messages sent over their servers. Data Science Evangelists, Inc. reserves the right to monitor messages Posted to the website and the transmission of messages sent via email to email accounts in our domain (thedataincubator.com) and all subdomains given by Data Science Evangelists (collectively “Domain Accounts”). Any Domain Account given to an individual must be exclusively used for communications regarding obtaining employment opportunities in connection with our services. Users must refrain from using their Domain Account for personal and alternative purposes. Data Science Evangelists, Inc may also take corrective action against any misuse or abuse of its e-mail system or other components of its network or website at its discretion. To withdraw your consent, simply cease using the service.
VI.
Referral Program
The Site
rewards users who encourage their friends to submit an Application to be a
Fellow. To enroll in our referral
program (the “Referral Program”),
you must submit your email address to Company using the form on our home
page. Once you have submitted your email
address, you are a “Referring User.” We will send each Referring User a unique URL
(the “Referral Link”).
For the
avoidance of doubt, the Referral Fee is only payable to Referring Users once
the associated Fellow has been hired by a participating company and the tuition
fee paid by hiring company (such fellow, a “Successful Fellow”).
If a user applies through a Referring User’s Referral Link (such user, a
“Referred User”) and subsequently becomes a Successful Fellow, we will
pay the Referring User according to the referral fee schedule set forth
on the Site (such fee, the “Referral
Fee”). We will also pay
Referring Users a Referral Fee if a visitor to the Site uses the Referring
User’s Referral Link to obtain his or her own Referral Link to circulate, and
the referrals eventually lead to a Successful Fellow according to the referral fee schedule .
You
understand that each Successful Fellow and Referring User can only be referred
by at most a single other Referring User’s Referral Link, only referrals
through the Referral Link mechanism outlined above qualify for the Referral
Fee, and that we are unable to keep track of referrals outside of Referral
Links. Any resulting ambiguities will be
resolved solely at the discretion of Company.
Company reserves the right to cancel the Referral Program or to change
these terms and conditions at any time at its sole discretion.
Upon being
notified that you will receive a Referral Fee, you will have up to one month to
accept payment or the referral fee may be canceled. You must accept the fee through any
reasonable electronic form of payment we offer or the referral fee may be
canceled.
VII.
Company’s Content Ownership and Use
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Company owns or has rights to all of the content we make available
through the Site, but you may use it as you use the Site. You cannot use our logo without our written
permission. |
The contents of the Site include:
designs, text, graphics, images, video, information, logos, button icons,
software, audio files, computer code, and other Company content, whether at this domain or at another subdomain or main, (collectively,
“Company Content”). For the purposes of clarity and without limitation, any document labeled with the company's copyright notice is Company Content. All Company Content and the compilation
(meaning the collection, arrangement, and assembly) of all Company Content are
the property of Company or its licensors and are protected under copyright,
trademark, and other laws.
License to You. We authorize you, subject to these Terms, to
access and use the Site and the Company Content solely for the personal use of
the Site, at our discretion. Any other
use, including without limitation the distribution to a general audience or the transmission of the Company Content to a third party is expressly prohibited. This
license is revocable at any time without notice and with or without cause. Unauthorized use of the Company Content may
violate copyright, trademark, and applicable communications regulations and
statutes and is strictly prohibited. You
must preserve all copyright, trademarks, service marks, and other proprietary
notices contained in the original Company Content on any copy you make of the
Company Content.
Company Marks. Company, the Company logo, and other Company
logos and product and service names are or may be trademarks of Company (the “Company Marks”). Without our
prior written permission, and except as solely enabled by any link as provided
by us, you agree not to display or use in any manner the Company Marks.
VIII.
Intellectual Property Rights and Your License to Use
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You, or the people who allow you to use their content,
own all of the content you Post using the Site. However, we may use it for any purpose,
including in our marketing materials.
We may also modify your content to make it work better. It is very important that you have permission to use
other people’s content or they may be able to sue you for violating their
legal rights. |
Company Claims No Ownership.
The Site may provide you with the ability to create, Post,
or share content in connection with your Application (“Your User
Content”). Company
claims no ownership or control over Your User Content. You or a third-party licensor, as
appropriate, retain all copyright, patent, and trademark rights to any of the
content you Post on or through the Site.
You are responsible for protecting those rights.
Company’s Use of
Posted Content on the Site. By creating, Posting, or sharing Your User Content on or
through the Site, and subject to Company’s Privacy Policy, you grant Company a world-wide,
non-exclusive, sub-licensable, royalty-free, transferable license to use,
modify, remove, publish, transmit, or display Your User Content for the
purposes of evaluating your Application.
You waive any
rights you may have regarding Your User Content being altered or manipulated in
any way that may be objectionable to you.
This license will continue even after
you stop using the Site. Company
reserves the right to refuse to accept, Post, display, or transmit any User
Content in its sole discretion. We will
not display any part of your Application publicly without your permission.
You Acquire No Ownership of Others’ Content.
You understand and agree that you will not obtain, as a result of your
use of the Site, any right, title, or interest in or to such
content delivered via the Site or in any intellectual property rights
(including, without limitation, any copyrights, patents, trademarks, trade
secrets, or other rights) in the content.
You Must Have Rights to the Content You Post.
You represent and warrant that: (i) you own the content Posted by you on
or through the Site or otherwise have the right to grant the license set forth
in these Terms, (ii) the Posting and use of Your User Content on or through the
Site does not violate the privacy rights, publicity rights, copyrights,
contract rights, intellectual property rights, or any other rights of any
person, and (iii) the Posting of Your User Content on the Site does not result
in a breach of contract between you and a third party. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of content you
Post on or through the Site. You also acknowledge and agree that Your User Content is
non-confidential and non-proprietary.
The Site contains
content from users and other Company licensors.
Except as provided within these Terms, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell
any content appearing on or through the Site.
IX.
Suggestions and Submissions
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We appreciate your comments, but if you send us creative
ideas, we can use them without compensating you. |
We appreciate hearing from our
users and welcome your comments regarding the Site. Please be advised, however, that if you send
us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we shall:
X.
User Content Disclaimers, Limitations, and Prohibitions
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You are responsible for your actions when using and
relying on the Site or content available on the Site. |
You accept that any reliance on
material Posted by third-party service providers will be at your own risk. By using the Site you accept the risk that
you might be exposed to content that is objectionable or otherwise
inappropriate.
You are solely responsible for Your
User Content on the Site. You assume all
risks associated with Your User Content, including anyone’s (including the
Company’s) reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for
example, Your User Content contains material that is false, intentionally
misleading, or defamatory; violates third-party rights; or contains material
that is unlawful or advocates the violation of any law or regulation.
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Do not do bad things with the Site, try to break it, or
steal our hard work. |
You agree to use the Site only for
its intended purpose. You must use the
Site in compliance with all privacy, data protection, intellectual property,
and other applicable laws. The following
uses of the Site are prohibited. You may
not:
XI.
Consequences of Violating These Terms
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If you do not act acceptably, we may prohibit your use of
the Site. |
We reserve the right to suspend or terminate your account and prevent access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
Company may review and remove
any User Content at any time for any reason, including activity which, in its
sole judgment: violates these Terms; violates applicable laws, rules, or
regulations; is abusive, disruptive, offensive or illegal; or violates the
rights of, or harms or threatens the safety of, users of the Site.
You are responsible for any claims,
fees, fines, penalties, and other liability incurred by us or others caused by
or arising out of your breach of these Terms and your use of the Site.
XII.
Company’s Liability
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We are not liable for the actions of users when they use
the Site. We may also change the Site at any time and are not
liable for how this may affect you. We
do not guarantee the quality or accuracy of any content you view using the
Site or other websites. |
Changes to the Site. We may change, suspend, or discontinue any
aspect of the Site at any time, including hours of operation or availability of
the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Company of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy,
reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about
accuracy, reliability, completeness, or timeliness of any data from a
third-party service provider or the quality or nature of third-party products
or services obtained through the Site.
Use the Site at your own risk.
Third-Party Websites. The Site may include links to third party
websites and applications. You are
responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse
any features, content, advertising, products, or other materials on other
websites or applications. You assume all
risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim
all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include Company and its affiliates,
officers, employees, agents, partners, and licensors.
A.
DISCLAIMER OF
WARRANTIES
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You use the Site at your own risk. We make no warranties or guarantees. |
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES
LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO
WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, AND
(iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR MOBILE DEVICE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B.
LIMITATION OF
LIABILITY AND INDEMNIFICATION
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We are not liable for anything that happens to you that
somehow may be connected to your use of the Site. If you use the Site in a way that causes us
to be included in litigation, you agree to pay all legal fees and costs for
Released Parties. |
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE
ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW,
THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH
THE SITE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION
(WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED
$100.
You agree to defend, indemnify, and
hold harmless the Released Parties from and against any claims, actions, or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from (i) your use of or reliance on any third-party
content, (ii) your use of or reliance on any Company Content, or (iii) your
breach of these Terms. We shall provide
notice to you promptly of any such claim, suit, or proceeding.
XIII.
Third-Party Providers
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By using the site, you also agree to the terms of third party providers we rely on. We are not liable for their actions.
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By using Site, you also agree to the terms of any third-party providers whose services the Company relies on to deliver content, facilitate payment, or to take any other action on the Site. Company takes no responsibility and assumes no liability for any actions or omissions of such third parties. As of the last update, these third-party providers include without limitation:
XIV.
General Terms
These Terms constitute the entire
agreement between you and Company concerning your use of the Site. Our failure to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of such right or
provision. If any provision of these Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of these Terms remain in full force and
effect. The section titles and annotations in these Terms are for convenience
only and have no legal or contractual effect.
XV.
Arbitration, Class Waiver, and Waiver of Jury Trial
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We are located in New York, so all disputes must be
resolved there. We will use
arbitration to resolve any problems, and you cannot join a class action
lawsuit or obtain a jury trial for any disputes you have with us related to
your use of the Site. |
These Terms and the relationship
between you and Company shall be governed by the laws of the State of New York
without regard to its conflict of law provisions. You and Company agree to submit to the
personal and exclusive arbitration of any disputes relating to your use of the
Site under the rules of the American Arbitration Association. Any such arbitration, to the extent
necessary, shall be conducted in New York County in the State of New York. You covenant not to sue Company in any other
forum.
You also acknowledge and understand
that, with respect to any dispute with the Released Parties arising out of or
relating to your use of the Site or these Terms:
•
YOU ARE GIVING UP YOUR
RIGHT TO HAVE A TRIAL BY JURY;
•
YOU ARE GIVING UP YOUR
RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY
OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS,
IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
•
YOU MUST FILE ANY
CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Contact Information.
If you have any questions, please
contact us through the website .