Terms and Conditions of Use (T&Cs)
What is the Open Apparel Registry?
Sourcemap, Inc., 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. Sourcemap 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 Sourcemap Inc. of 85 Broad St 28th Floor New York NY 10004, USA (“Sourcemap”).
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.
Sourcemap 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 Sourcemap decides to remove information from public visibility on the Site temporarily or permanently, Sourcemap 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 Sourcemap 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 Sourcemap, 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 Sourcemap 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.
(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.
(9) Links to Third-Party Sites
The Site contains links to third-party websites (“Third-Party Sites”). Because Sourcemap has no control over Third-Party Sites, Sourcemap 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 Sourcemap 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 Sourcemap 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. Sourcemap 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 to in Section 4 above.
(12) Intellectual Property - Trademarks
Any trademarks, service marks, graphics and logos used in connection with Sourcemap 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 Sourcemap 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. Sourcemap does not monitor or control any Third-Party Content. Sourcemap further does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Sourcemap 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, Sourcemap disclaims any and all warranties regarding the security, reliability, timeliness, and performance of all services associated with use of the site. Sourcemap 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.
Sourcemap 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 Sourcemap’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, SOURCEMAP 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 SOURCEMAP 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, Sourcemap 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 Sourcemap’s DMCA Notification Policy: http://www.sourcemap.com/dmca/
(17) Modification or Amendment of Agreement
From time to time, Sourcemap 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 Sourcemap 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 State of New York, 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 New York City, New York 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 Sourcemap 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.
Sourcemap reserves the right to terminate a Registered User’s Sourcemap account, to restrict access to a Registered User’s Sourcemap account or to the Site in whole or in part, or to delete any content posted through a Registered User’s Sourcemap account, upon notice, for any reason and without incurring any liability. Sourcemap 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 Sourcemap may be permitted to discontinue access to and use of the Site, in whole or in part.
(1) Information Sourcemap Collects
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.
(2) Use of 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.
(3) Disclosure of Information
Log records, account information, and all material contributed to the Site may be accessed by Sourcemap staff for providing and optimizing the services. In addition to the uses described above, this information may be disclosed to third parties if Sourcemap is compelled to do so by law or if disclosure is necessary to establish, exercise, or defend Sourcemap’s legal rights.
(5) Underage Users
Sourcemap 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 Sourcemap immediately at email@example.com.
(6) Other Websites
The Site may link to other websites. Sourcemap is not responsible for the privacy practices or content of such websites.
Sourcemap 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, Sourcemap may deem such use as based on an informed consent by the user and user’s assent to the changes.
Digital Millennium Copyright Act Notification Policy
Sourcemap responds expeditiously to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Sourcemap as straightforward as possible while reducing the number of notices that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office website, http://www.copyright.gov), but Sourcemap will respond to notices of this type from other jurisdictions as well.
Sourcemap expects all its users to comply with applicable copyright laws. However, if Sourcemap receives proper notification of claimed copyright infringement, Sourcemap’s response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether Sourcemap may be liable for such infringement under United States law or the laws of another jurisdiction.
If Sourcemap removes content or disables access to content in response to such a notice, Sourcemap will make a good-faith attempt to contact the owner or poster of the affected content so that they may make a counter-notification pursuant to Sections 512(g)(2) and (3) of the DMCA.
(2) Designated Agent
Sourcemap’s Designated Agent to receive notifications of alleged infringement under the DMCA is:
Mail: Sourcemap Inc. 85 Broad St 28th Floor New York NY 10004
Upon receipt of proper notification of claimed infringement, Sourcemap will follow the procedures outlined herein and in the DMCA.
(3) How to Report Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sourcemap’s Designated Agent (listed above) with the following information in a written communication (preferably via email):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
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 Sourcemap to locate the material;
Information reasonably sufficient to permit Sourcemap to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
The following statement: “I have 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”;
The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
Your signature, in physical or electronic form.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that material infringes upon your copyright when it does not. Accordingly, if you are not sure whether material infringes your copyright, you should first contact an attorney.
(4) How to Appeal Claims of Copyright Infringement
A provider of content subject to a claim of infringement may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with us, please provide Sourcemap’s Designated Agent (listed above) with the following information in a written communication (preferably via email):
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: “I consent to the jurisdiction of Federal District Court for the State of New York”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.
Upon receipt of such counter-notification, Sourcemap will promptly provide the person who provided the original infringement notification with a copy of the counter-notification, and inform that person that Sourcemap will replace the removed material or cease disabling access to it in 10 business days. The DMCA then allows Sourcemap to restore the contested content if the rights owner does not file a court action against the provider of content within 10 business days of receiving a copy of the counter-notification.
(5) Repeat Infringers
Sourcemap will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
(6) Accommodation of Standard Technical Measures
It is Sourcemap’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Sourcemap determines are reasonable under the circumstances.