Veracity.ai, PBC

Terms of Service

Last updated: April 2, 2018

Welcome, and thank you for your interest in Veracity.ai, PBC ("Veracity.ai," "we," "our," or "us"). Veracity.ai provides updated lists of "fake news" websites, solely for non-commercial, research purposes (the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). In addition, when using the Service, you will be subject to any additional terms applicable to such Service that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://www.veracity.ai/privacy.html. All such terms are hereby incorporated by reference into the Terms of Service (provided, however, that such other terms may be modified in accordance with their terms and, with respect to the use of the Service, the Terms of Service will take precedence in the event of conflict).

Access to and Use of the Service

The Service is offered solely to persons or entities approved by us to use the Service ("Authorized Users"). Application and Approval Process: You are required to apply for use of the Service. If you choose to apply for use of the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s application form. You must not apply on behalf of another individual or on behalf of an entity that has not authorized you to do so. Application data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service. You may use the Service only if you can form a binding contract with Veracity.ai, and only in compliance with the Terms and all applicable local, state, national, and international laws, rules and regulations. We reserve the right, at our sole and unfettered discretion, to accept or reject any application, for any or no reason. We will inform you whether or not we have accepted your application to access and use the Service, and any acceptance is contingent on your acceptance of, and compliance with, the Terms of Service.

Agreement to the Terms of Service: Once accepted by Veracity.ai to be an Authorized User, an applicant will be provided an opportunity to accept and agree to the Terms of Service, through a click-through version of the Terms of Service. BY CLICKING "I ACCEPT" OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF SERVICE. By clicking "I ACCEPT" or otherwise accessing or using the Service you also represent that you have the legal authority to accept the Terms of Service on behalf of yourself and any party you represent in connection with your use of the Service. If you do not agree to the Terms of Service, you are not authorized to use the Service. If you are an individual who is entering into the Terms of Service on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity's behalf to be bound by the Terms of Service, with the terms "you," and "your" applying to you, that entity, and other users accessing the Service on behalf of that entity.

Use of the Service

Non-Commercial, Research Use Only: The Service and the Content shall be used solely for non-commercial, research purposes. Commercial use of the Service and/or Content is strictly prohibited.

Attribution: You agree to cite Veracity.ai as a source of information in connection with any dissemination, publication or use of, research with, or reference to, any Content accessed or viewed through the use of the Service.

User Account, Password and Security: Each Authorized User will be assigned a user account. You are responsible for maintaining the confidentiality of your account and password, and are fully responsible for any and all activities that occur under your password or account. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Veracity.ai will not be liable for any loss or damage arising from your failure to comply with this instruction. You agree to (a) maintain the security of your passwords and identification, (b) immediately notify Veracity.ai of any unauthorized use of your password or account or any other breach of security, (b) ensure that you sign out from your account at the end of each session when accessing the Service, and (d) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you. Veracity.ai will not be liable for any loss or damage arising from your failure to comply with this Section.

General Practices Regarding Use and Storage: You acknowledge that Veracity.ai may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service. You agree that Veracity.ai has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Veracity.ai reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Veracity.ai reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.

Modifications to Service: Veracity.ai reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Veracity.ai will not be liable to you for any modification, suspension or discontinuance of the Service in accordance with the Terms of Service.

Content Available through the Service

Provided as-is: You acknowledge that Veracity.ai does not make any representations or warranties about the material, data, and information (collectively, the “Content”) which you may have access to as part of, or through your use of, the Service. Under no circumstances is Veracity.ai liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, or objectionable.

You agree that you are solely responsible for your use of Content made available through the Service, including providing proper attribution. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content. Under no circumstances will Veracity.ai be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.

Conditions of Use of the Service

You are solely responsible for your use of all Content downloaded or transmitted or otherwise used via the Service by you.

You agree to not use the Service to engage in any of the following activities:

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Service.

You may not use or attempt to use another’s account or personal information without authorization. You may not attempt to gain unauthorized access to the Service, or the computer systems or networks connected to the Service, through hacking password mining or any other means.

Veracity.ai reserves the right to take appropriate action against anyone who, in Veracity.ai's sole discretion, violates any of the terms or spirit of the Terms of Service, including, without limitation, suspending or terminating the account of such violators or otherwise taking appropriate legal action.

If you use the Service and/or Content for commercial purposes; then, such action shall be deemed a material breach of the Terms of Service, and in addition to Veracity.ai’s other remedies, Veracity.ai may require you to pay, as liquidated damages and not as a penalty for each such action, an amount equal to the greater of ten thousand US dollars ($10,000) or fifty percent (50%) of the revenue generated that relates to the use of the Service and/or Content. Such liquidated damages shall be due fifteen (15) days after notice by Veracity.ai. The parties agree that the foregoing liquidated damages are reasonable in light of the anticipated or actual harm caused by the use of the Service and/or Content for commercial purposes, the difficulties of proof of loss and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. Nothing herein shall preclude Veracity.ai from enforcing the provisions of this Section by pursuing any action or other remedy, all of which shall be cumulative.

Veracity.ai is not a law firm, does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using the Service does not constitute legal advice or create an attorney-client relationship.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All right, title and interest in the Service Content are and will remain the exclusive property of Veracity.ai, its affiliates and licensors. Except as expressly authorized by Veracity.ai, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Veracity.ai from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Veracity.ai, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Veracity.ai.

The Veracity.ai name and logos are trademarks and service marks of Veracity.ai and its affiliates (collectively the “Veracity.ai Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Veracity.ai. Nothing in the Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Veracity.ai Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Veracity.ai Trademarks will inure to our exclusive benefit.

Copyright Complaints: Veracity.ai respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Veracity.ai of your infringement claim in accordance with the procedure set forth below.

Veracity.ai will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Veracity.ai's Copyright Agent at contact@veracity.ai (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

Third Party Websites/Service

The Service may provide or facilitate, or third parties may provide, links or other access to other sites, Service and resources on the Internet. Veracity.ai has no control over such sites, Service and resources and Veracity.ai is not responsible for and does not endorse such sites, Service and resources. You further acknowledge and agree that Veracity.ai will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or Service available on or through any such site, service or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Veracity.ai is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You hereby agree to release, indemnify on demand and hold Veracity.ai and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, use of any Content, your connection to the Service, your violation of the Terms of Service or your violation of any rights of another. If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 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." If you are a resident of another jurisdiction, in or outside of the United States, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE (INCLUDING ALL CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VERACITY.AI AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. VERACITY.AI AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) THAT ANY SERVERS USED BY VERACITY.AI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERACITY.AI DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VERACITY.AI NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, I LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF VERACITY.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VERACITY.AI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VERACITY.AI IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICE. 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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most user concerns can be resolved quickly and to the user's satisfaction by emailing Veracity.ai support at contact@veracity.ai. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Veracity.ai has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Arbitration Agreement:

Veracity.ai and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

References to "Veracity.ai", "we", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Service or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, provincial, national or local agencies, including, for example, if residing in the United States, the Federal Communications Commission or the Attorney General of your state. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into the Terms of Service, you and Veracity.ai are each waiving the right to a trial by jury or to participate in a class action. If residing in the United States, the Terms of Service evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the Terms of Service.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Veracity.ai should be sent to 100 6th Ave, 3rd floor, New York, NY 10013, Attn: Danny Rogers, with a copy by email to contact@veracity.ai (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Veracity.ai and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Veracity.ai may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of the Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Veracity.ai and you agree otherwise, any arbitration hearings will take place in New York, NY.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND VERACITY.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Veracity.ai agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in the Terms of Service to the contrary, we agree that if Veracity.ai makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.

Termination or Suspension

You agree that Veracity.ai, in its sole discretion and for any or no reason, may modify, suspend or terminate your account (or any part thereof) or access to or use of the Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of the Terms of Service may be effected without prior notice, and acknowledge and agree that Veracity.ai may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service where such deactivation or deletion is permitted under the Terms of Service. Further, you agree that Veracity.ai will not be liable to you or any third party for any termination of your access to the Service. If you have questions about a suspension of your account, please contact us at contact@veracity.ai

If you wish to terminate this agreement, you may immediately stop accessing or using the Service at any time.

Automatic upon breach: Your right to access and use the Service terminates automatically upon your breach of any of the Terms of Service.

Survival: The disclaimer of warranties, the limitation of liability, indemnification obligations, arbitration, and the jurisdiction and applicable law provisions will survive any termination.

Changes to the Terms of Service

We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on our website and notify those of you with a current Veracity.ai account via email. All new and/or revised Terms of Service take effect immediately and apply to your use of the Service from that date on, except that material changes will take effect 30 days after the change is made and identified as material.. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Service.

General

The Terms of Service constitute the entire agreement between you and Veracity.ai and govern your use of the Service, superseding any prior agreements between you and Veracity.ai with respect to the Service. The Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Veracity.ai agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, NY. The failure of Veracity.ai to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) 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 the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign the Terms of Service without the prior written consent of Veracity.ai, but Veracity.ai may assign or transfer the Terms of Service, in whole or in part, without restriction. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the Terms of Service or other matters by displaying notices or links to notices generally on our website.

Questions? Concerns? Suggestions? Please contact us at contact@veracity.ai to report any violations of the Terms of Service or to pose any questions regarding the Terms of Service or the Service.