Services

Welcome to Ushahidi, which is owned and operated by Ushahidi. Ushahidi hosts maps created by users using the Ushahidi platform (the "Services"), through our website available at http://www.ushahidi.com (the "Site"). Each map displays crowdsourced location and information data generated by users. By way of example, a user might create a map using Ushahidi and the Ushahidi platform to present location and information data about where emergency services are needed during a natural disaster. The Services we offer may change from time to time, or we may need to stop (permanently or temporarily) providing the Services (or features within the Services) to you or to our users generally. We also reserve the right to create limits on access and use of our Services.

To provide the Services, we have created rules for using the Site below (the "Terms"). These Terms govern your access to our Site and your use of the Services. Your access and use of the Services is conditioned on your compliance with these Terms. By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you are agreeing to abide by the Terms, which constitute a binding legal agreement between us.

In some cases, your use of, or participation in, certain services may be subject to additional terms, and such terms will be presented to you for your acceptance when you sign up to use those services.

Account

Registration

To utilize the Site and Services, or certain portions thereof, you may be required to complete a registration process and establish an account with us (a "Ushahidi Account"). You represent and warrant that all information provided by you is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

When you create an account, you will be asked to choose a screen name and a password for your account (in some cases, you may be able to use your Facebook account or other supported social network account). You may not use a user name that is used by someone else, is confusing or misleading, impersonates someone else (or attempts to), or that otherwise violates these Terms. We reserve the right to reclaim any user name that violates these Terms.

Password and Security

As a registered user of the Site and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Ushahidi Account(s). You understand and agree that you fully responsible for all actions and postings made from your Ushahidi Account(s), including, but not limited to, the creation of any Ushahidi maps and/or the posting of any information to such a map. Any accounts you create are not transferable. You agree to notify us immediately if you become aware of any unauthorized use of your Ushahidi Account(s).

Termination

We reserve the right to suspend or terminate your Ushahidi Account(s) or restrict access to your Ushahidi Account(s), or to delete any content posted through your Ushahidi Account(s), including but not limited to entire Ushahidi maps, with or without notice, for any or for no reason, and without any liability to you, if you violate or breach any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms.

Privacy Policy

The registration information you provide is governed by our Privacy Policy.

Premium Services

We may charge fees for the use of certain features or aspects of our Services, which are described with those features and/or these Terms (“Premium Services”). Fees for the Premium Services are subject to change at any time. You agree that we may charge the fees for such Premium Services to your payment account and that you will pay the applicable fees assessed to your Ushahidi Account. For subscription-based services, we will charge your account the monthly fee at the beginning of your subscription and on a monthly basis thereafter until you cancel. You must cancel your subscription before it renews each month to avoid the billing of the next month’s fees to your account. You will not receive a refund for any partial month cancellation.

If you purchase an annual membership, you agree to pay the annual fee at the beginning of the subscription term. The annual membership fee, once paid is nonrefundable. Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable membership fee from your Ushahidi Account.

Community Participation

Content

"Content" means any information, content, or material that is posted or submitted to the Site through the Services, including any posting or submission made to Ushahidi via SMS or Ushahidi's Twitter hashtag, and any content that we embed on the Site or the Services at the direction of the user.

Content used with or contributed to the Services should be relevant to the subject scope of Ushahidi. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

Unacceptable Content includes, but is not limited to, posting or submitting the following:

  1. Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  2. Information that is false, inaccurate, misleading, or is a misrepresentation;
  3. Material that impersonates another person or the wrongful or misleading inclusion of persons or entities on an Ushahidi map;
  4. Irrelevant statements, commercial solicitations, or SPAM;
  5. Materials that violate someone’s proprietary rights, including their privacy and publicity rights, or that otherwise violate any applicable law.

This list is an example and is not intended to be complete or exclusive. We will determine what is "unacceptable Content" on a case-by-case basis, in our sole and absolute discretion. We reserve the right to change these standards at any time. We also reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.

We do not pre-screen or regularly review any contributed Content, but we have the right (though not the obligation) to remove, without notice, any content posted which we consider, for any reason, to violate these Terms, to be outside the subject scope of the Services, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. In addition, we may terminate your Ushahidi Account for posting such Content.

Contributed Content and Content Submissions

You are responsible for the Content that you post through the Services, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, post or display on or through our Services and you are responsible for protecting those rights.

  1. By contributing Content to our Services, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use that Content (which includes original video or other content hosted on a third-party server and/or site) in connection with the operation of the Site and Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.
  2. By contributing Content to our Services, you are also granting other users of our Services a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use that Content without limitation.

By posting any Content, including embedded video content hosted on third-party servers and/or sites, you represent and warrant that:

  1. that such Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms; and
  2. you have all right, title, and interest to such posted Content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content.

You further represent and warrant that posting such Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Content is true and your own work or work you are authorized to submit, and that the posted Content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that any and all Content that you supply does not violate the Terms or any applicable law.

Content on Ushahidi

You understand that the Content you provide on Ushahidi is publicly available to anyone who can access our Services. You should be careful about your communications on the Services because these communications disclose to the public your user name, your user profile and any personal information about you that you choose to disclose. Any information you include in your public profile or in your messages using third party messaging and communication services is also available to others. You are responsible for your communications and the consequences of posting these communications to the Services.

You understand that material made available by Ushahidi is a product of a community effort and does not necessarily represent the views of Ushahidi. The Content available through our Services has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Services or any Content on the Services, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.

Linking

You understand that we do not and cannot review all material made available through websites linked or linking to any part of the Site or the Services. You also understand that no such linking implies in any way that Ushahidi endorses or is affiliated with any third-party website. You agree that we bear no responsibility or liability for any content accessed or harm caused from any third-party website.

Unauthorized Activities Against the Site/Services

Our Services may be used and accessed for lawful purposes only. You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:

  1. Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
  2. causing, allowing, or assisting any other person to use your Ushahidi Account(s) or impersonate you, or logging onto a server or Ushahidi Account(s) that you are not authorized to access;
  3. forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
  4. emulating or faking Site or Services visits or usage;
  5. causing, allowing or assisting machines, bots, or automated services to access or use the Site or the Services without our express written permission;
  6. tampering, disrupting or otherwise interfering or attempting to interfere with the operation, functionality, or the security of the Site or the Services, including, but not limited to, introducing viruses, worms, software, Trojan horses or other similar harmful code into the Site or Services, or attempting to probe, scan or test the vulnerability of the Site or any associated system or network, or breach any security, authentication or material usage rules or measures, or overloading, "flooding," "spamming," "mail bombing," "pinging" or "crashing" the Site;
  7. harvesting or collecting email addresses or other contact information of other users or clients from the Site or the Services by electronic or other means;
  8. using the Services for any commercial purpose or for the benefit of any third party or in any manner not by these Terms;
  9. reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services;
  10. engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Site or the Services; and
  11. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.

Intellectual Property Rights

The Site and the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Ushahidi and its licensors exclusively own all right, title and interest in and to the Site and the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Site. Any feedback, comments and suggestions you may provide about improvements to the Services or the Site (“Feedback”) will be the sole and exclusive property of Ushahidi and you hereby irrevocably assign to Ushahidi all of your right, title, and interest in and to all Feedback.

Termination of Service

We may at any time, suspend, disable or terminate your access to or use of the Services (a) if you violate or breach any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (b) if we, in our sole discretion, believe we are required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or (c) immediately upon notice, to the e-mail address provided by you as part of your Ushahidi Account.

We will not be liable to you or to any third party for the suspension or termination of your access or use of the Services. Upon any termination or suspension, you will no longer be able to access your Ushahidi Account or the Services and we will have no obligation to maintain any Content or any related information that was stored in our database related to your account or to forward any information to you (or to any third party). Any suspension or termination will not affect your obligations to us under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Disclaimers and Limitation of Liability

We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE AND THE SERVICES. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. We will not be responsible for any harm to your computer, loss of data or other harm that results from your use of the Services.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, BUSINESS OPPORTUNITIES, AND ANY OTHER INJURY REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SERVICES OR ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE) EVEN IF WE, OR OUR SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Indemnity

You acknowledge and agree to indemnify and hold Ushahidi, our affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or your Content (either provided by you or through your Ushahidi Account, infringing any intellectual property or other right of any person or entity.

General

These Terms are governed by the laws of the State of Florida, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Orange County in the State of Florida in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. We may modify these Terms from time to time. Any changes to these Terms will be posted on the Site and/or through the Services, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access the Site or use the Services after those revisions become effective, you agree to be bound by the revised Terms. Failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Contacting Us

If you have any questions regarding these Terms please contact support@ushahidi.com.

Effective: September 30, 2015