Terms and Conditions of Use (T&Cs)
What is the Open Apparel Registry?
Azavea, through the Open Apparel Registry (the "OAR") at openapparel.org, provides a website (the “Site”) dedicated to providing a listing of apparel facilities matching names and addresses. Azavea encourages users to search the listing and contribute lists of apparel factories to help improve the quantity and quality of the data contained.
Terms & Conditions
These Terms and Conditions of Use (T&Cs) constitute an agreement (the “Agreement”) that describes the legal relationship between a User or a Registered User, as defined below (being an individual, representing him or herself, or if applicable, acting as legal representative for a group, institution, company or corporation) and Azavea of 990 Spring Garden Street Fifth Floor Philadelphia PA 19123, USA (“Azavea”).
PLEASE REVIEW THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE IN ANY WAY. USE OF THE SITE AS A USER OR A REGISTERED USER MANIFESTS AGREEMENT WITH THESE TERMS.
A “Registered User” is anyone who registers and uses an account in accordance with the terms below. A “User” is anyone who visits the Site without becoming a Registered User. Users and Registered Users are hereinafter referred to as “Parties” or a “Party”.
A Party must be 18 years of age or older. By using the Site, a Party represents and warrants that: (a) all registration information it submits is truthful and accurate; (b) the Party will maintain the accuracy of such information; and (c) the Party’s use of the Site does not violate any applicable law or regulation.
(3) Registered User’s Account, Password, and Security
Any eligible User may register for an account on the Site and become a Registered User. A Registered User may only receive or establish one password and one account. Each Registered User is solely responsible for maintaining the confidentiality and security of his or her password and account. Each Registered User is entirely responsible for all activities that occur on or through his or her account.
(4) Registered User Contributions
Registered Users may contribute to the Site in a variety of ways. Registered Users may upload a list of apparel facilities to be included in the public registry. The list may include facility names, addresses, and, in some cases, unique alphanumeric identifiers assigned by the contributor or other standards organizations. Registered Users who act as representatives of facilities in the registry may claim the facility profile and upload additional information describing the facility, including media and links to external websites. All contributions to the Site must be germane to the purpose of the Site and not include content that is pornographic, obscene, defamatory, otherwise illegal, or outside the scope of the Site’s purpose.
Azavea may, but is in no way obligated to remove, at its sole and exclusive discretion, any Registered User’s account, content, or other information posted by or about any Registered User, or information associated with any Registered User, upon request or at its own initiative, all in accordance with these T&Cs and the applicable law. In case that Azavea decides to remove information from public visibility on the Site temporarily or permanently, Azavea reserves the right to keep the information stored and to retain copies of that information for restoration, archival, research, or business purposes.
Except where otherwise noted in these T&Cs, all content contributed to the Site is submitted under and subject to the Creative Commons Attribution-Share Alike License 4.0, as available here: https://creativecommons.org/licenses/by-sa/4.0/ or otherwise made public on the Creative Commons website. By posting or contributing content to the Site, a Registered User grants Azavea and all other Registered Users and Users of Site, with respect to that content, all rights and permissions stipulated in the aforementioned Creative Commons License.
(5) Registered User Representations and Warranties
By contributing any content to the Site, a Registered User represents and warrants that he or she has all right, title, and interest to such contributed content, including but not limited to any consent, authorization, release, clearance or license from any third party necessary for the user to contribute such content. The Registered User further represents and warrants that such content does not violate or constitute the infringement of any intellectual property or privacy right recognized by any applicable jurisdiction, or otherwise constitute the breach of any agreement with any other person or entity.
Each Party agrees, at his or her own expense, to indemnify, defend, save, and hold harmless Azavea, its creators, employees, affiliates, officers, directors, contributors, and/or other representatives from and against any and all judgments, losses, damages, liabilities, costs, or expenses (including but not limited to reasonable attorneys’ fees and legal expenses) associated with or arising from (a) that Party’s use of the Site; (b) the Party’s submissions to the Site; (c) any breach or claimed breach by such user of any representations, warranties, and/or agreements set forth herein; and/or (d) any tortious or grossly negligent act or omission by the Party, its agents, and/or independent contractors, including but not limited to consequential damages, loss of profits, loss of business opportunities, and loss of income.
(7) Prohibited Site Usage
A Party must not attempt or engage in potentially harmful acts that are directed against the Site or any third-party including, without limitation, the following:
(a) using the Site in contravention of any other agreement to which the user is a party, including without limitation any employment agreement to which the user may be a party;
(b) causing, allowing, or assisting any other person to use another’s OAR account or impersonate a Registered User;
(c) sharing password or login with any other unauthorized person;
(d) logging onto a server or account that the Party is not authorized to access;
(e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting one’s identity or affiliation with any person or entity;
(f) emulating or faking usage of the Site;
(g) violating or attempting to violate any security features of the Site;
(h) posting false information, including but not limited to false information about a competitor and/or otherwise violating libel and/or other applicable laws in any jurisdiction;
(i) copying, archiving, or duplicating any portion of the Site’s content without permission;
(j) disseminate or transmit material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
(k) aid or implement practices violating basic human rights or civil liberties (for the avoidance of doubt, you may not use the Site to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender, gender identity, sexual orientation, religion, immigration status, or national origin);
(l) disseminate, store, or transmit material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
(m) disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or
(n) engage in any other activity deemed by Azavea to be in conflict with the spirit or intent of these Terms.
(8) Third-Party Content
Use of and reliance on Third Party Content, as defined in Section 13 below, is subject to all conditions and disclaimers stated therein.
By using the site, you agree to abide by the terms and conditions of the third party. Depending on the configuration of the service, these Third-Party Content licenses may include but are not limited to the following parties and terms:
Google Maps API: https://www.google.com/help/terms_maps.html
(9) Links to Third-Party Sites
The Site contains links to third-party websites (“Third-Party Sites”). Because Azavea has no control over Third-Party Sites, Azavea does not endorse, has not reviewed and is not responsible for the content, availability, or efficacy of Third-Party Sites. Parties acknowledge that use of Third-Party Sites is at their own risk and that Azavea is not responsible or liable, directly or indirectly, for any damage or loss users incur in connection with products or services available on Third-Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third-Party Sites.
(10) Contacting Registered Users
When a User registers an account on the Site and becomes a Registered User, that User is asked to provide an email address. Registered Users may receive infrequent emails or similar electronic communications from Azavea as often as approximately once a month. The content of those emails may include, but is not limited to, information about changes or improvements to the Site or information about content on the Site including, but not limited to, updates on a Registered User’s contributed data. Azavea reserves the right to contact all former and existing Registered Users by using the email address they have provided if circumstances require it and in accordance with applicable law.
(11) Intellectual Property – Copyright
All creative content and content that is potentially subject to database protection that is available on the Open Apparel Registry Site is governed by the Creative Commons Attribution-Share Alike license indicated in Section 4 above.
(12) Intellectual Property - Trademarks
Any trademarks, service marks, graphics and logos used in connection with the Site may be subject to the trademark rights of their respective owners. Nothing in these T&Cs should be understood as granting a Party a license to use any of the aforementioned intellectual property. Owners of such intellectual property that contribute to the Site content that includes their intellectual property hereby grant Azavea a perpetual, non-exclusive, royalty free, worldwide right and license to use and display the mark in connection with the Site and for the purposes stated in this T&Cs.
The Site may contain third-party content (“Third-Party Content”), which includes content submitted by Registered Users. Azavea does not monitor or control any Third-Party Content. Azavea further does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Azavea does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Parties use such Third-Party Content at their own risk.
The Open Apparel Registry site and all affiliated 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 limitations, except for those warranted under applicable law, Azavea disclaims any and all warranties regarding the security, reliability, timeliness, and performance of all services associated with use of the site. Azavea makes no warranty, express or implied, that a party’s use of the site will be uninterrupted, timely, or error-free. Some jurisdictions do not allow the disclaimer of certain warranties, so portions of the above disclaimer may not apply to some parties.
Azavea reserves the right to modify, suspend, or discontinue the Site or access to the Site or any part thereof without notice at any time and without any incurring liability to any Party, in the event that circumstances beyond Azavea’s control mandate such modification, suspension or discontinuation, including, but not limited to, technical or legal circumstances.
(14) Limitation of Liabilities and Waiver of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AZAVEA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. PARTIES EXPRESSLY AGREE THAT THEIR USE OF THE SITE IS SOLELY AT THEIR OWN RISK. UNDER NO CIRCUMSTANCES SHALL AZAVEA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER TORT OR FINANCIAL LOSS, ARISING OUT OF OR CONNECTED WITH THE SITE, EVEN IF SOURCEMAP HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
(15) Parental Control Protections
Pursuant to 47 U.S.C. Section 230(d) as amended, Azavea hereby notifies all Parties that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist Parties in limiting access to material that is harmful to minors.
(16) DMCA Notice Policy
Copyright owners who believe that their copyrighted materials have been used in a way that constitutes copyright infringement should refer to Azavea’s DMCA Notification Policy at the bottom of https://www.azavea.com/terms-of-use/
(17) Modification or Amendment of Agreement
From time to time, Azavea may modify these T&Cs. Such modification shall be effective upon its posting to the Site. Parties should check this page regularly to ensure they are familiar with the current terms and conditions. Continued use of the Site constitutes agreement to all such modifications.
If any provision of the T&Cs shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions.
(19) No Waiver of Terms
Failure of Azavea to exercise or enforce any right or provision of these T&Cs shall not be deemed a waiver of such right or provision in that or any other instance.
(20) Jurisdiction and Governing Law
These T&Cs are governed by the laws of the Commonwealthof Pennsylvania, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. Parties agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Philadelphia, Pennsylvania in the event of a dispute of any kind arising from or relating to the Site or a use or review of it.
(21) Entire Agreement
These T&Cs constitute the entire agreement between a Party and Azavea with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Azavea reserves the right to terminate a Registered User’s OAR account, to restrict access to a Registered User’s OAR account or to the Site in whole or in part, or to delete any content posted through a Registered User’s OAR account, upon notice, for any reason and without incurring any liability. Azavea is not obligated to comply with Registered Users’ requests to terminate any account or remove any information contributed by a Registered User. In the event of termination, the Registered User will immediately cease using the Site and Azavea may be permitted to discontinue access to and use of the Site, in whole or in part.
(1) Personal Information Collected
The Open Apparel Registry’s Site collects certain information about visitors, even those who are not Registered Users and users who are not logged in. When a user browses or downloads information from the Site, data is being collected including but not limited to the user’s IP address, URL request, browser type, and the date and time of the user’s request. The Open Apparel Registry also collects and stores any information a Registered User provides to the Site, including but not limited to the Registered User’s username, email address, profile, and any user-provided content.
The data fields required as part of the registration form are necessary for the Site to provide the intended services. Choosing to receive a newsletter from the Site is strictly voluntary and other personal information fields are also optional.
(2) Use of Personal Information
Third Party Content that is visible on the Site, including content provided by Registered Users, is generally accessible to other users. Registered Users’ usernames are visible to other users, and the Open Apparel Registry identifies all content provided by Registered Users with the username of the Registered User who provided it. If the Site permits Registered Users to submit optional public profile data, including but not limited to a personal description or photographs, and when the Registered User chooses to do so, that profile data will be accessible to other users.
User account data is collected from the User for purposes of authentication, association of uploaded data with the User, and association of API requests with user accounts. In addition, Azavea may send emails to the User at the email address in order to notify them about changes to the application or to complete basic functions like a password reset.
User activity stored in Google Analytics is tracked to understand how the application is being used in order to generate reports on usage and to inform design and workflow interaction decisions.
No User data or User activity will be sold or otherwise transferred to a third party, except as necessary to operate the features of the Site (i.e. Google Maps or Google Translate).
(3) Disclosure of Information
Log records, account information, and all material contributed to the Site may be accessed by Azavea staff and consultants for providing and optimizing the services. In addition to the uses described above, this information may be disclosed to third parties if Azavea is compelled to do so by law or if disclosure is necessary to establish, exercise, or defend Azavea’s legal rights.
In compliance with the European Union (EU) General Data Protection Regulation (GDPR), users must choose to opt-in to having cookies placed and data sent to Google Analytics. When a User first visits the Site, the Site will present them with an information bar where the User can choose to accept or reject the placement of cookies and sharing of information with Google Analytics. If a User does not accept the placement of cookies, no analytics tracking occurs.
(5) Underage Users
Azavea does not knowingly collect personal information from children under 13 years of age. If a parent or legal guardian of a child under age 13 believes that child has submitted personal information to the Site, please contact the Open Apparel Registry team immediately at email@example.com.
(6) Data Retention
Azavea retains all user specific information within Google Analytics for a period of 26 months from the date the information was collected. User accounts are maintained indefinitely in order to provide the services available on the Site. Deletion of accounts is available at any time by contacting firstname.lastname@example.org.
(7) Data Security
The Site is hosted in the Amazon Web Services data center located in Dublin, Ireland. Information on data security in the data center is available here. Access to personal information is limited to select Azavea employees and consultants as needed to provide the services rendered by the Site.
(8) Third Party Services
The Site may link to other websites. Azavea is not responsible for the privacy practices or content of such websites.
The Site includes several third party services who may have access to limited personal information in order to provide the services on the Site. These third party services, along with their corresponding relevant data policies, include:
Google Analytics - https://www.google.com/analytics/terms/us.html
Google Translate - https://policies.google.com/privacy
MailChimp - https://mailchimp.com/legal/terms/
Squarespace - https://www.squarespace.com/privacy
(9) Statement of Rights for EU Users
Right of Access to Personal Information
Users have the right to request access to their personal information collected on the Site. Personal information submitted by the User is available on their profile page. Please email email@example.com for a copy of additional collected personal information.
Right to Rectification
Users have the right to correct any personal information where incorrect or incomplete. Personal information may be edited on the User Profile page in the Site.
Right to Erasure
Users have the right to request the erasure of personal information under certain circumstances as outlined in Article 17 of the GDPR. Registered Users may request deletion of their account on the Site by emailing firstname.lastname@example.org. Non-personal information added by the User (i.e. facility lists) may remain on the site, but all personal information will be deleted from the Site and database.
Right to Restrict Processing of Personal Information
Users have the right to request that the Site restrict processing of their personal information when the information is inaccurate, the processing is unlawful, or the Site no longer needs the personal information as outlined in Article 18 of the GDPR. Some processing of personal information may continue to occur if the User consents or if processing the information is required so as to not infringe upon the rights of other Users.
Right to Object/Withdraw Consent
Users may, at any time, revoke their consent for the Site to use personal information. Users may delete personal information on their User profile page, use their browser settings to clear cookies and local Storage, or email email@example.com for additional information on withdrawing consent.
Right to Complain to a Supervisory Authority
Users have the right to submit a complaint to an EU supervisory authority in the location where they live, work, or feel the personal information violation occurred. A list of data protection authorities is available here.
(10) Exercising Your Rights and Contact Information
To exercise any of these rights, with the exception of the right to complain to a supervisory authority, please email firstname.lastname@example.org. Azavea may be contacted at email@example.com or 215-925-2600. Azavea is located at 990 Spring Garden Street, Fifth Floor, Philadelphia, PA, 19123, United States of America.
Azavea may change or update this Policy from time to time. Please check back regularly to review the current version. If a Party continues using the Site following such changes or updates, Azavea may deem such use as based on an informed consent by the user and user’s assent to the changes.
If you are a copyright owner or an agent thereof, and believe that any user submission or other Azavea content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Azavea are covered by a single notification, a representative list of such works from Azavea;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Azavea to locate the material;
Information reasonably sufficient to permit Azavea to contact the complaining party, such as an address, telephone number, and, if available, an email address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Copyright Agent to receive notifications of claimed infringement is: Azavea Inc Tel: +1 215.925.2600 Email: firstname.lastname@example.org