Empathy Archive – Terms of Service
1. Acceptance of Terms
By accessing or using the services provided by Empathy Archive (“the Platform”), including but not limited to uploading or submitting audio content, participating in social media interactions, and engaging with research content, you (“the User”) agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Empathy Archive. If you do not agree to these Terms, you must not access or use the Platform.
2. Platform Overview
- 2.1. Social Media Component: The Platform allows users to upload and share audio content, participate in discussions, and engage with other users. The audio content may include personal stories, opinions, and other user-generated content.
- 2.2. Research and Content Component: The Platform also serves as a repository for research and thematic content derived from the audio submissions. The purpose of this content is to support research, learning, and people-centered policymaking.
3. Grant of Rights and License
- 3.1. Transfer of Rights: By submitting, uploading, or otherwise providing audio content (“User Content”) to the Platform, you hereby irrevocably transfer and assign to Empathy Archive all right, title, and interest in and to the User Content, including any and all intellectual property rights. You agree that Empathy Archive shall have the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in any media or distribution methods now known or hereafter developed, for any purpose.
- 3.2. License Grant: In the event that the transfer of rights is deemed invalid or unenforceable, you grant to Empathy Archive a perpetual, irrevocable, worldwide, exclusive, royalty-free, fully paid-up license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content for any purpose, including but not limited to social media engagement, research, learning, people-centered policymaking, advertising, marketing, and product development.
- 3.3. Moral Rights Waiver: To the extent permitted by law, you hereby waive any moral rights you may have in the User Content and agree not to assert any claim based on any moral rights against Empathy Archive or its licensees.
4. Use of Content
- 4.1. Scope of Use: Empathy Archive’s primary aim is to assist in research, learning, and people-centered policymaking. However, Empathy Archive retains the right to use the User Content for any other lawful purposes, including but not limited to social media engagement, advertising, marketing, commercial exploitation, and product development.
- 4.2. No Compensation: You acknowledge and agree that you will not receive any compensation, royalties, or other payment in connection with the use of the User Content by Empathy Archive.
5. User Warranties and Responsibilities
- 5.1. Legal Compliance: You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit the User Content to the Platform and to grant the rights described in these Terms. You further represent and warrant that the User Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or any other rights of any third party.
- 5.2. Anonymity and Privacy: You are solely responsible for ensuring that the User Content does not include any personally identifiable information (PII), such as real names, addresses, or other contact information. Empathy Archive disclaims any liability for any disclosure of PII resulting from your failure to comply with this requirement.
- 5.3. Community Guidelines: As part of the social media component, you agree to adhere to the Platform’s community guidelines, which include but are not limited to refraining from posting harmful, offensive, or illegal content. Empathy Archive reserves the right to remove any content that violates these guidelines.
- 5.4. Indemnification: You agree to indemnify, defend, and hold harmless Empathy Archive, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms or your use of the Platform.
6. Privacy and Data Collection
- 6.1. No Personal Data Collected: Empathy Archive does not collect any personally identifiable information (PII) from the User Content. We collect only non-identifiable metadata, including age, race, gender, ethnicity, theme, and location information limited to city and state, for research purposes.
- 6.2. Metadata Use: The metadata collected is used to support research, learning, and people-centered policymaking. However, Empathy Archive retains the right to use the metadata for other lawful purposes, including but not limited to social media analytics, advertising, marketing, and product development.
- 6.3. Third-Party Sharing: Empathy Archive may share User Content and metadata with third parties for any lawful purpose, including commercial purposes, at its sole discretion.
7. Content Removal and Termination
- 7.1. Right to Remove Content: Empathy Archive reserves the right, in its sole discretion, to remove or refuse to publish any User Content that it deems inappropriate, unlawful, or in violation of these Terms.
- 7.2. Termination of Rights: In the event your account is terminated, whether by you or by Empathy Archive, the rights granted to Empathy Archive under these Terms shall remain in full force and effect.
8. Limitation of Liability
- 8.1. No Liability for User Content: Empathy Archive shall not be liable for any loss or damage arising from the use or misuse of the User Content by any third party or from any disclosure of PII resulting from your failure to comply with these Terms.
- 8.2. Limitation on Damages: To the maximum extent permitted by law, Empathy Archive’s total liability to you for any claims arising out of or related to these Terms or your use of the Platform shall be limited to the amount you paid, if any, to Empathy Archive for access to the Platform.
9. Dispute Resolution
- 9.1. Governing Law: These Terms and any disputes arising out of or related to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
- 9.2. Arbitration: Any disputes arising under these Terms shall be resolved through binding arbitration, conducted at a location of Empathy Archive’s choosing, and in accordance with the rules of the chosen arbitration body. You agree to waive any right to a jury trial or to participate in a class action.
10. Updates to Terms
Empathy Archive reserves the right to update or modify these Terms at any time, with or without notice. Your continued use of the Platform after any such changes shall constitute your acceptance of the updated Terms.