Scope of Terms
The Data Sense Web Site and Materials are being offered as part of a research project conducted by Intel Corporation (“Intel”) to study and understand the social and practical significance of analysis tools, and what kinds of analysis tools can help individuals make sense of their data (the “Purpose”). The results of the study will be used to inform the innovation and design of information and communication technologies and services. In order to conduct this study, researchers have built an online research application called Data Sense that provides tutorials and examples and, if you choose, takes the data you upload, and helps you analyze that data and represent it in a variety of visual forms (the “ Data Sense Service” or “Service”). Subject to these Terms, you may use the Service and related tools in any way that you feel is most valuable to you personally. You might simply look at tutorials and examples, or you may choose to upload your own data and try an analysis for yourself using the tools provided.
Intel may provide activity or program specific Terms of Service, for example when Intel provides interactive Materials and/or enables User Generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
By creating an account on Data Sense, you agree that the following cookies will be stored. See the Intel Cookies and Similar Technologies Notice for more information.
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Intel is committed to respecting your privacy. Information submitted to Intel through forms on the Web Sites or Materials is governed according to Intel's Privacy Notice and as specifically set out herein.
Information Collected: Intel will collect the user name and password you create when opening your account, and your email address for the purpose of account recovery (“Account Information”), along with whatever data you choose to upload onto the application (“User Data”) for analysis by the Service. Intel will also collect aggregate patterns of your use of the Service —for example, whether you tended to use a certain analysis tool to understand sleep, but used other tools to understand exercise patterns. These patterns and trends are not stored with your Account Information. User may contact firstname.lastname@example.org for further information on how to access their patterns of application use.
Information Use, Access and Controls: Whatever User Data you choose to upload onto the application will only be used for the Purpose. Your Account Information and User Data will not be shared by Intel with any third parties.
Our opt-in sharing feature enables you to share your User Data and collaborate with other users at various levels of anonymity, which you fully control and can change at any time. By default, your user name, raw data you upload, and associated metadata will only be visible to you, and will not be shared with other users. Our sharing feature only enables Data Sense users to share with other Data Sense users, either on an individual basis or as a whole community, but not the wider public. For any kind of data you upload to Data Sense, or generate on Data Sense, you can choose what level of sharing, if any, you would like to do for that specific kind of data. You can control who, if anyone, sees your presence on Data Sense, your uploaded data (such as number of steps taken on a certain date), metadata concerning what type of data you are working with (such as ‘sleep’ or ‘mood’ ), which analysis tools you used on you data, and any descriptions you might write concerning that data.
Any sharing activity that involves personally identifiable information is done on an opt-in basis. If you choose to share in this way, you will have an opportunity to review the materials selected for sharing before they are made available to those you identify for sharing. This means you can, on an opt-in basis, choose to share with others a short narrative about what you learned by analyzing the data, and how you analyzed that data, but not share the raw data itself. Data Sense contains a feature that allows users to make a limited number of queries that result in aggregations of anonymous User Data, including anonymized metadata. If you do not want some or all of your data to be used for this purpose, you can opt out of that aspect of Data Sense at any time. Data that is used for querying is stripped of all personally identifiable information, and users who submit queries only ever receive aggregate-level information. If you choose to use this feature, you will have an opportunity to review the materials selected for inclusion in anonymous aggregations. You can also stop sharing those materials at any time.
You can remove or delete your User Data through use of the tools provided to you with the Service, and/or you may cancel your account at any time. If you cancel your account, your Account Information and User Data will be deleted from Intel systems. Unless sooner deleted (or cancelled) by you, your Account Information and User Data will only be retained by Intel for the duration of the study and in no case longer than five (5) years. Intel’s analysis and conclusions from the User Data and the operation of the Service and application systems may be retained indefinitely.
If Intel researchers choose to publish the results of the study, they will do so using only aggregated, anonymized data and not User Data or any information linked to your Account Information.
Data Processing and Transfer: Intel may transfer Account Information and User Data to any Intel subsidiary worldwide for processing in accordance with the terms and conditions herein. Intel complies with the EU-U.S. Safe Harbor framework for off-line, online, and manual processing of personal data. In addition, processing of personal information among Intel affiliates is governed by the Intel Corporate Privacy Rules
Confidentiality: You are free to disclose any information about the study to anyone, including whether you chose to participate and whether you found the tools to be useful. Consent: By participating in this study, you represent that you have read and agree to these terms, you affirm that you are of legal age to consent to these terms or, if you are not, that you have obtained parental or guardian consent to enter into this agreement, and you authorize Intel to collect, use and share the information as explained in this notice. Intel will own the information and materials collected and generated by the study including its analysis and conclusions, but will not own materials defined below as User Content. You agree that you will not reveal any of your own private product concepts, inventions, or ideas that you may want to develop in the future.
Personal Non-Commercial Use: This Web Site is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer or sell any information, software products or services obtained from the Materials. This excludes User Content, and for the purposes of this Web Site, User Content includes both uploaded datasets and visualizations created on our tool that contain your data. You may modify, copy, distribute, transmit, display, perform analysis, reproduce and publish results related to your personal data.
By your use of this site or any Materials, you agree to grant Intel a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on this site.
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Use the Web Sites, Materials, Services or activities to "stalk" or otherwise harass or harm another;
- Impersonate any person or entity, including, but not limited to, an Intel official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any Intel server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
US Government Restricted Rights: The Materials including Intel Software are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Intel's proprietary rights in them.
Notices and Disclosures
Exclusions of Warranty: The Materials and Intel Web Sites are provided by Intel Corporation and/or its worldwide direct or indirect subsidiaries and affiliates ("Intel") as a service to its customers and are for informational purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITES AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTEL AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- IN NO EVENT SHALL INTEL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES INTEL MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THESE LIMITATIONS ON INTEL'S LIABILITY SHALL APPLY WHETHER OR NOT INTEL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
Accuracy and Completeness: Intel does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.
Changes and Updates: Intel reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. Intel may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. Intel makes no commitment to update the Web Sites or Materials.
Content Related Notices
Ownership: You acknowledge and agree that Intel owns all legal rights, title and interest in and to the Materials and Web Sites, including any Intel trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Intel's prior written permission. Except as expressly provided herein, Intel does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Notice Specific to Intel Software
Any Intel software that is made available to download from the Web Sites ("Software") is the copyrighted work of Intel and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF INTEL SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, INTEL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, INTEL MAY MAKE AVAILABLE AS PART OF THE WEB SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. INTEL DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN INTEL SOFTWARE PRODUCTS.
User Content Submissions
Definition: User content submissions may include but are not limited to, user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on the Data Sense website. The content submitted by users is referred to here after as "User Content". Where users have uploaded data, both the raw, uploaded data and the visualizations of that data created through Data Sense are also considered User Content.
Non-Endorsement: Intel does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Intel expressly disclaims any and all liability in connection with User Content submissions. Intel does not permit copyright infringing activities and infringement of intellectual property rights on its Web Sites, and Intel will remove User Content if properly notified that such submission infringes on another's intellectual property rights in accordance with the DMCA provisions. Intel reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: Intel does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Intel is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Intel representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.
Links to Other Materials or Sites
The linked sites are not under the control of Intel and Intel is not responsible for the content of any linked site or any link contained in a linked site. Intel reserves the right to terminate any link or linking program at any time. Intel does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Unsolicited Idea Submission Policy
INTEL OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN INTEL'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO INTEL. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO INTEL OR ANYONE AT INTEL. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT INTEL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
Intel makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and Intel Corporation and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and Intel shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. 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 the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, Intel reserves the right to seek all remedies available by law and in equity for such violations.
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