Last Updated August 1, 2020
Introduction
These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the websites, software applications, and other online services (collectively, the “Service”) provided by MapLight, a California non-profit.
The Service includes, but is not limited to, the MapLight Misinformation Detector (“MapLight MI”) extension for desktop web browsers and the website located at [Insert URL] (the “Website”).
Users Based Outside the United States
The MapLight MI extension is not meant for or targeted to users outside of the United States. If you are not within the United States, please do not use the MapLight MI.
Accepting the Terms
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our website) or you are a “User” (which means that you have downloaded the MapLight MI browser). The term “you” or “User” refers to a Visitor or a User. The term “we” or “our” refers to MapLight MI. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with MapLight MI. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please do not use the Service.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
Privacy and your Personal Information
For information about MapLight MI’s privacy and data protection practices, please read MapLight MI’s Privacy Policy found at [Insert Link]. Our Privacy Policy explains how MapLight MI collects, uses and shares your information that you provide when you access the Service. By using the Service, you consent to MapLight MI’s collection, use, and sharing of your information as set forth in our Privacy Policy.
Description of the Service
The MapLight Misinformation Detector is a browser extension that can be installed on the Google Chrome and Mozilla Firefox browsers. The extension allows its Users to report content on Facebook and other social networks (as launched) that may be spreading false or misleading information to report that content. The purpose of the MapLight MI is to collect false and misleading information for the purposes of research, journalism, and advocacy about the problem of misinformation on the web, and, particularly, on social media.
The Service is provided to you by MapLight MI as a free Service.
Account Information from Third Party Sites
With the Service, Users are directed through MapLight MI to interact with the third-party browsers Chrome and Firefox. Additionally, through the use of the MapLight MI, Users will be interacting with the third-party social network Facebook (collectively, as referenced in this paragraph, “Third Party Sites”).
MapLight MI makes no effort to review the Third Party Sites for any purpose, including, but not limited to accuracy, legality or non- infringement. MapLight MI is not responsible for the products and services offered by or on third party sites. MapLight MI does not control the policies and practices of any third-party site or service.
MapLight MI cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. MapLight MI cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings.
When you access Third Party Sites via our Service, you accept that there are risks in doing so, and that MapLight MI is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third party site or service that you visit or utilize.
MapLight MI has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party sites or by any third-party that you interact with through the Services. In addition, MapLight MI will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party site or service.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes. Subject to your compliance with this Agreement, MapLight MI hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.
Your access and use of the Service may be interrupted from time to time due to third party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the Service by MapLight MI. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You agree that MapLight MI may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our Privacy Policy).
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including MapLight MI);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your MapLight MI account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the account or other security information from any other User;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
- Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.
Electronic Notifications
MapLight MI may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our Privacy Policy.
Rights You Grant to Us
By submitting information, data, passwords, usernames, other information, materials, and other content to MapLight MI through the Service, then (except for User Content, to which the specific rules below apply) you hereby give MapLight MI permission to use that content solely for the purpose of providing the Service. MapLight MI may use and store the content, but only to provide the Service to you. By submitting this content to MapLight MI, you represent that you are entitled to submit it to MapLight MI for use for this purpose.
MapLight MI’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under copyright, trademark, and other laws. The contents of the Service belong or are licensed to MapLight MI or its software or content suppliers. MapLight MI grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited.
Rules for Posting Content
As part of the Service, MapLight MI may allow Members to submit content in the Service (“User Content”). You agree in posting User Content to follow the following rules:
- You are responsible for all User Content you submit to the Service.
- By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
- You may not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Disclaimer of Representations and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. MAPLIGHT MI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
MAPLIGHT MI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MAPLIGHT MI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
Limitations on MapLight MI’s Liability
MAPLIGHT MI SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF MAPLIGHT MI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MAPLIGHT MI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF MAPLIGHT MI SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
Your Indemnification of MapLight MI
You shall defend, indemnify, and hold harmless MapLight MI and its officers, directors, shareholders, and employees, from and against all claims and expenses, including, but not limited to, attorney’s fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service or any breach of this Agreement by you or your violation of any law or the rights of a third party when using the Service.
Ending your Relationship with MapLight MI (and vice versa)
This Agreement will continue to apply until terminated by either you or MapLight MI as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by contacting MapLight MI. Please use the directions below to delete your personal information. Otherwise, just uninstall MapLight MI from your browser and stop visiting our Website and using other Services.
Email info@maplight.org to have your personal information deleted. Upon doing so, any data in our records will be retained subject to our Privacy Policy.
MapLight MI may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) by posting updates to this Terms of Use.
Modifications
MapLight MI may modify this Agreement from time to time, to reflect: (i) technological developments; (ii) changes to the Service; and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the MapLight MI Website. In addition, the Agreement will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to:
MapLight
2223 Shattuck Ave
Berkeley, CA 94704
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND MAPLIGHT MI ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned.
If you do not want to arbitrate disputes with MapLight MI, and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to info@maplight.org within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with MapLight MI under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with MapLight MI, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case MapLight MI may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, MapLight MI is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with MapLight MI, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- 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.
Copyright Disputes and User Content
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like MapLight MI, being asked to remove user generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
California Consumer Rights Notice
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive 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., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if MapLight MI does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which MapLight MI has the benefit of under any applicable law), this will not be taken to be a formal waiver of MapLight MI’s rights and that those rights or remedies will still be available to MapLight MI.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Contact Us
MapLight MI welcomes comments, questions, concerns, or suggestions. Please send us feedback by:
Emailing us at info@maplight.org; or
Writing us at:
MapLight
2223 Shattuck Ave
Berkeley, CA 94704