The Platform is offered and available to users who are 18 years of age or older. If you are a resident of a country outside of Switzerland, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. By using the Platform, you warrant that you are of legal age to form a binding contract with the use and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
refers to content contributed, uploaded, presented, featured or displayed through the Platform or otherwise in connection with the Platform, including without limitation text, audio, data, articles, images, technical descriptions, calculations, photographs, graphics, software code, applications, designs, patents, copy-rights, licenses, trademarks, trade secrets, confidential or proprietary technical and other information, features, and other materials.
is Content, written or otherwise, created by users as part of their activity in connection with the Platform, excluding Your Content. Your Content
refers to Content licensed to you or created by you independently and without any relation to your activity as a user on the Platform.
represents your legal relationship with Mindfire. A "User Ac-count" represents an individual user’s authorization to log in to and use the Platform and serves as a user’s identity on the Plat-form.
Mindire will publish research and development challenges of third party sponsors on the Platform in the form of quests. As a registered user on the Platform, you have the possibility to apply for participation in quests, subject to the terms and conditions of the specific quest.
3. Basics of the Relationship
Short version: Each user participating in the Platform is independent. You, the other users and we are independent of each other and are neither a simple partnership or form an employer – employee relationship. As some of the Content may be disclosed under confidentiality, you agree not to dis-close anything from or in connection with the Platform to any non-users. Independence
In order to encourage open communication, you agree that any Content presented on or in connection with the Platform is a private communication from the user making the contribution and is presented with the restriction that such information is confidential and not for public use outside the Platform. Prior to quoting or publishing any such Content in any publication, written or electronic, written approval from us must first be obtained.
The audio or video recording of lectures, talks, sessions, presentations, or discussions, by any means, the photography of slides or other material, and printed or electronic quotes from papers, presentations and discussion on the Platform or shared in connection with the Platform without the written consent of us is strictly prohibited.
These restrictions apply to each user and are intended to cover social networks, blogs, tweets or any other publication, distribution, communication or sharing of Content presented on or in connection with the Platform.
The aforementioned obligations do not apply to Content that you can demonstrate that such Content:
c) as shown by written records, was known to, or was in the possession of, you prior to the time of disclosure on or in connection with the Platform; or
d) as shown by written records, is developed by you independently of any Content disclosed on or in connection with the Platform.
4. Account Terms
Short version: Each person must create an Account; you must be 18 or over; you must provide a valid email address, and you may not have more than one Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure. Account Controls
You must provide a valid email address, choose a username and password in order to complete the signup process. Any other information requested, such as your picture, your location, your website, and your background is optional.
We have a few simple rules for User Accounts:
a) You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do not permit machine accounts.
b) One person may maintain no more than one Account.
c) Mindfire does not target the Platform to a person under 18, and we do not permit any users under 18 on our Platform. If we learn of any user under the age of 18, we will terminate that User’s Account immediately. If you are a resident of a country outside Switzerland, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
d) Your login may only be used by one person - i.e., a single login may not be shared by multiple people. User Account Security
You are responsible for keeping your Account secure while you use the Platform. You are responsible for all content posted and activity that occurs under your Account.
You are responsible for maintaining the security of your Account and password. Mindfire cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Mindfire if you become aware of any unauthorized use of, or access to, the Platform through your Account, including any unauthorized use of your password or Account. Additional Terms
5. Acceptable Use
Short version: While using the Platform, you must follow the acceptable use provisions in this section 5, which includes some restrictions on Content you can post, conduct between different users, and other limitations. In short, be excellent to each other. Compliance with Laws and Regulations
Your use of the Platform must not violate any applicable laws, including copyright, patent or trade-mark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Platform is in compliance with laws and any applicable regulations. Content Restrictions
You may not use, or encourage, promote, facilitate or instruct others to use, the Platform for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
a) any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming;
b) content that infringes or misappropriates the intellectual property or proprietary rights of others;
c) content that is defamatory, obscene, abusive, invasive of privacy, racist, sexist or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
d) content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
While using the Platform, you agree that you will not under any circumstances:
a) harass, abuse, threaten, or incite violence towards any individual or group, including Mindfire employees, officers, and agents, or other users of the Platform;
b) use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
c) attempt to disrupt or tamper with Mindfire's servers in ways that could harm our Platform, to place undue burden on Mindfire's servers through automated means, or to access the Platform in ways that exceed your authorization;
d) impersonate any person or entity, including any of our employees or representatives, including through false association with Mindfire, or by fraudulently misrepresenting your identity or the Platform's purpose; or
e) violate the privacy of any third party, such as by posting another person's personal data without consent. Platform Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and its Content, use of the Platform and the Content, or access to the Platform without Mindfire's express written permission. Scraping
Scraping refers to extracting data from our Platform via an automated process, such as a bot or webcrawler. You agree not to scrape anything from our Platform. Privacy
If we determine your bandwidth usage to be significantly excessive in relation to other Platform users, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.
User Protection – Mindfire Values
You agree not to engage in activity that significantly harms our users. We will resolve disputes in favor of protecting our users as a whole.
6. Application and Participation in Quests
Short version: We will publish Quests on the Platform. As a registered user, you have the possibility to apply for participation in a specific Quest. The selection of the participants is within the sole discretion of us. The status as a registered user does not mean that you have a right to participate in a specific Quest. Your consent to Terms and Conditions of a Quest
To apply for participation in a Quest you must fill-out a registration form and indicate you agree to the terms and conditions of a specific Quest. You will need to provide certain information about yourself and documentation to apply. Applications to Quests are limited and we have the right to freely select participants and limit the number of applicants at any time in our sole discretion. Open Collaboration and Team Work
We encourage open, honest intellectual debates and research collaborations among the selected applicants to research and develop solutions for a specific Quest. Mindfire expects from you team-work and joint efforts.
Solutions and any other materials submitted by you or any of the co-participants in connection with a Quest will be referred to herein as submission ("Submission"). Submissions must include source code, project entry information, participant information, demonstration videos, documentation and other information as requested by us. Instructions will be provided on how the solution must be pro-vided. Submissions are subject to a code, quality, and intellectual property review by us and the Quest sponsor. Submissions must be made within the time-frame (if any) set out in the specific Quest terms and conditions.
All code developed as part of a Quest must be fresh, meaning that the portion that is included in the main source code repository has been developed explicitly for the Quest.
All prize details will be determined by us and the Quest sponsor (Questmaster) in our and the Quest sponsor's sole discretion. We reserve the right to substitute a similar prize (or prize element) of com-parable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance or use of any prize or both are the sole responsibility of you. Prizes cannot be transferred or substituted. If a prize is not claimed within a reasonable time after notification from us, as determined by us in our sole discretion, it will be forfeited.
7. User Owned Content
You may create User-Generated Content or upload User-Generated Content and Your Content while using the Platform or in connection with the Platform. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content or Your Content that you post, upload, link to or otherwise make available via the Platform, regardless of the form of that Content. We are not responsible for any public display or misuse of Your Content. Mindfire May Remove Content
We do not prescreen User-Generated Content or Your Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content or Your Content that, in our sole discretion, violates any Mindfire terms, policies or applicable laws.
Ownership of Content, Right to Post, and License Grants
We own all right, title, and interest in and to the User-Generated Content. You hereby irrevocably and unconditionally transfer and assign any and all of your title in and to the User-Generated Content worldwide and upon first request by us execute and deliver all documents necessary to effect such transfer. If a transfer and assignment are not possible according to applicable law, you grant us the rights in section 7.4.
We may freely and irrevocably use and dispose User-Generated Content. Our rights comprise all current and future purposes of use, including application for and prosecution of intellectual property rights, use, exploitation, production of copies, offering, transfer, distribution, dissemination, making available, publication, disposal, alteration and creation of derivative works. The costs of the assignment and transfer of title will be borne by us.
It is conceivable that User-Generated Content created by you may accrue to third parties (such as your employer or your education institution, or the like e.g. employed professional researcher) by rule of law or as per a pre-existing employment contract, applicable regulations of an institution, and the like, unless you and the third-party expressly agree otherwise. You shall ensure that this is not the case before participating on the Platform. We are entitled to request you to provide a written waiver on the part of such third parties with regard to User-Generated Content created by you in connection with activities as part of the participation on the Platform. We have the right to remove User-Generated Content created by you or close your Account. License Grant to Us
We need the legal right to do things like host Your Content, publish it, share it and use it to exploit the intellectual property registrations together with the User-Generated Content.
You hereby grant us an unlimited, non-exclusive, sublicensable, transferable, perpetual, irrevocable and fully paid up right to use Your Content in connection with the Platform and Submissions and register as well as exploit intellectual property rights included in User-Generated Content that contains Your Content, and make incidental copies as necessary. You shall not grant any third parties any rights that might affect this right of us. In particular, you shall only transfer, assign or license Your Content to third parties if this right of Mindfire is adequately safeguarded.
Any Your Content you post may be viewed by others. You agree to allow others to view such content. You grant each user of the Platform a nonexclusive, worldwide license to use and display Your Con-tent you post through the Platform and to reproduce such content as permitted through the Platform's functionality. If you are uploading Your Content you did not create or own, you are responsible for ensuring that such content you upload is licensed under terms that grant these permissions to other users. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to the Platform, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in section 6.
8. Copyright Infringement
If you believe that Content available via the Platform violates your copyright, please contact us. If you are a copyright owner and you believe that content on the Platform violates your rights, please contact us via www.mindfire.global. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
9. Intellectual Property Notice
Short version: We own the Platform and all of the User-Generated Content. In order for you to use the Platform, we give you certain rights to it, but you may only use the Platform in the way we have allowed.
Short version: Your Feedback helps us to improve the Platform. Therefore, we need from you certain rights.
If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. You hereby assign to us, all right, title, and interest in, and agree to pro-vide us any assistance we require to document, perfect, and maintain our rights. We are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
11. Advertising on the Platform
You are not allowed to use the Platform for advertising, except expressly permitted by us.
12. Spamming and Inappropriate Use of the Platform
The Platform is provided by Mindfire free of charge.
Participation in the Platform is voluntary and you will only receive a monetary compensation from us if specifically agreed. The Platform may include smart technologies that record contributions by the users of the Platform. Mindfire may make credits for contributions by users visible on the Platform.
15. Cancellation and Termination
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly. Account Cancellation
It is your responsibility to properly cancel your Account with Mindfire. You can cancel your Account at any time by sending a request via www.mindfire.global. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements. We will not delete Content that you have contributed to the Platform or that other users have forked.
Mindfire May Terminate
Mindfire has the right to suspend or terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. Mindfire reserves the right to refuse access to and use of the Platform to anyone for any reason at any time.
17. Communications with Mindfire
Short version: We use email and other electronic means to stay in touch with our users. Electronic Communication Required
Communications made through email or Mindfire support's messaging system will not constitute legal notice to Mindfire or any of its officers, employees, agents or representatives in any situation where notice to Mindfire is required by contract or any law or regulation. Legal notice to Mindfire must be in writing and served on Mindfire's legal agent.
18. Disclaimer of Warranties
Short version: We provide the Platform as is, and we make no promises or guarantees about the Platform. Please read this section carefully; you should understand what to expect.
Mindfire provides the Platform "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Platform including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Mindfire does not warrant that the Platform will meet your requirements; that the Platform will be uninterrupted, timely, secure, or error-free; that the information provided through the Platform is ac-curate, reliable or correct; that any defects or errors will be corrected; that the Platform will be avail-able at any particular time or location; or that the Platform is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Platform.
19. Release and Indemnification
Short version: You are responsible for your use of the Platform. If you harm someone else or get into a dispute with someone else, we will not be involved.
20. Limitation of Liability
21. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important - we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part of it) with or without notice.
22. Governing Law and Court Venue
24. Severability, No Waiver, and Survival
25. Complete Agreement