Terms of Use

Thank you for using the Artificial Intelligence Incident Database website, service, and/or APIs (“Site”)! We are building a community of contributors and interested parties in order to answer Santayana's aphorism 'those who cannot remember the past are condemned to repeat it'... with data. These Terms of Use (“Terms”) describe our commitments to you, and your rights and responsibilities when using our Site. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision. If you don’t agree to these Terms, don’t use our Site.

By accessing or using the Site and associated documentation, data and Database, you agree to be legally bound by and comply with the terms described herein and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature (collectively, the “Terms''). These Terms are entered into with Responsible AI Collaborative (collectively, “RAIC,” “we”, “us” and/or “our”). You understand that RAIC may change these Terms or suspend or terminate your use of the Site at any time. We will post notice of changes to the Site Terms on our website. Your continued use of our Site after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Site.

Conditions of Use

You may submit content to the Site - including but not limited to Database submissions with incident text, editor notes, and other corresponding data - so long as the content is not illegal, obscene, pornographic, threatening, defamatory, infringing of intellectual property rights or contain software viruses or commercial solicitations. RAIC reserves the right (but has no obligation) to monitor, review, remove, or edit such content. RAIC also reserves the right to take action to seek to prevent further use of the Site by individuals who violate this Terms of Use. RAIC may take these actions without prior notification to you or any third party. RAIC makes no representations or warrantees concerning content submitted by users to the Site’s suitability or veracity.

If you do submit content on the Site or otherwise send content to RAIC, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit that the content is accurate; that use of the content you supply does not violate this policy; and that you will indemnify RAIC or its affiliates for all claims resulting from content you supply, including reasonable attorney fees. RAIC takes no responsibility and assumes no liability for any content submitted by you or any third party. You also represent and warrant that the content you have provided is legal in the United States and suitable for the general audience of the site. Copyrighted material, including, without limitation, software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”) provided by you to RAIC are non-confidential and RAIC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.

You are solely responsible for all content - including but not limited to Database submissions with incident text, editor notes, and other corresponding data - that you submit on the Site and RAIC is not responsible for any visitor-generated content. RAIC does not endorse any opinion contained in any visitor-generated content.

All spam and advertising is prohibited. “High-volume” means of accessing the Site, including but not limited to bots and spiders, are prohibited.

RAIC shall not be held liable for any problems resulting from the violation of your terms of use.

For reasons of law, anyone under the age of 13 is prohibited from any use or access of the Site.

The original content and material and information we have placed on or made available through the Site (“Original Material(s)”), including, but not limited to, code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of RAIC (or those who have licensed to it) and are protected by copyright, patent and/or other intellectual property rights as specified by United States and foreign laws. Some of the third party material seen in the Original Materials are used pursuant to the fair use doctrine as stipulated in Section 107 of the Copyright Act and RAIC grants no rights and makes no warranties with regard to such third party material. A separate licensing agreement applies to content and information submitted by our users.

In consideration for your agreement to the terms and conditions contained here, RAIC grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. All content posted by RAIC either on the Site or through third party pages that host the materials has a CC BY-SA 2.0 license (“CC BY ND”) unless otherwise marked. You agree to abide by the terms of the applicable license and are solely responsible for your reuse of material found on or made available through the Site (“Material(s)”), including providing proper attribution and obtaining the necessary clearances and licenses to use such Material. You should review the terms of the applicable license and/or disclaimers on the Material before you use the Material so you know what you can and cannot do. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivative works from the material, without our express permission.

You are not allowed to sell or commercially exploit any aspect of the Site without express permission of RAIC.

We may ban or block anyone from our Site at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, refuse or remove any content that, in our reasonable opinion, violates any of the Terms of Use or any RAIC policy, or is in any way harmful or objectionable. You can stop using our Site at any time.

RAIC reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that RAIC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Third Party Content

Site content takes many forms and no third party content should be construed to be owned by RAIC, factually correct, moderated by RAIC, approved or reviewed or endorsed by RAIC. The Site may contain links to third party websites or content that are not owned or controlled by RAIC. RAIC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, RAIC will not and cannot censor or edit the content of any third party website. By using the Site, you expressly relieve RAIC from any and all liability arising from your use of any third-party website or content thereon. Accordingly, we encourage you to be aware when you link to third-party content and websites and to read the terms and conditions and privacy policies of such other websites.

Copyright Policy

RAIC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify RAIC of your infringement claim in accordance with the procedure set forth below.

The Digital Millennium Copyright Act (the “DMCA”) covers some questions of relevance, including what a notice of possible copyright violation must consist of.

DMCA TAKEDOWN NOTICES:

It is the policy of RAIC to respond to notices of alleged copyright infringement in compliance with the DMCA. In particular, if you are a copyright owner or an agent thereof and believe that any Material 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 at a single online site are covered by a single notification, a representative list of such works at that site;
• 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 RAIC to locate the material;
• Information reasonably sufficient to permit the RAIC to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The United States Copyright Office provides basic information, online, at <https://www.copyright.gov/title17/92chap1.html#107>`, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.

RAIC’s designated Copyright Agent to receive notifications of claimed infringement is: Responsible AI Collaborative, Inc. 636 Acanto St, Apt 102 Los Angeles, CA 90049 Attn: Designated Copyright Agent

<dmca@incidentdatabase.ai>

You acknowledge that if you fail to comply with all of the takedown notice requirements of this Section, your DMCA notice may not be valid. Upon proper service of a takedown notification as contemplated hereunder and in accordance with the DMCA. Please note that, if you knowingly misrepresent that online content is infringing, you may be subject to civil penalties. These penalties may include monetary damages, court costs, and attorneys fees incurred by RAIC, by any copyright owner, or by any copyright owner’s licensee that is injured by a result of our relying upon your misrepresentation.

COUNTER-NOTIFICATION: RESTORATION OF MATERIAL.

RAIC will immediately remove any infringing content. If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter-notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

• Your physical or electronic signature;
• Your name, address, and phone number;
• Identification of the material and its location before it was removed;
• A statement under penalty of perjury that the material was removed by mistake or misidentification;
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
• Your consent to accept service of process from the party who submitted the takedown notice.

RAIC will terminate your access to the Site if you are determined to be a repeat violator of these Terms of Use. RAIC also reserves the right to decide whether Material is appropriate and complies with these Terms of Use. RAIC may remove such Material and/or terminate your access for material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Indemnification; Disclaimer of Warranties; Limitations on Liability

You agree to indemnify and hold harmless RAIC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our the Site, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Site and content that you submit.

The Site offers no warranties or guarantees and the material is presented “as is,” with no further guarantees. RAIC does not make any warranty that our Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Site at your own discretion and risk. We also are not responsible for the practices of any Site we may link to.

In no event will RAIC, or our affiliates or licensors, be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use or data or other losses (even if we have been advised of the possibility of such damages) in connection with these Terms. In any case, our aggregate liability under these terms shall be limited to $100.

Jurisdiction

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Site will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Site that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Los Angeles County, California.

Dispute Resolution.

In the event of a dispute, claim, or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), each party’s senior representatives will engage in good faith negotiations with the other party’s senior representatives to amicably resolve a Dispute (other than for Disputes related to the intellectual property of a party, which will be resolved in litigation before the United States District Court for the Central District of California). If parties are unable to resolve a Dispute within thirty (30) days after the first request to engage in good faith negotiations or within such other time period as the parties may agree to in writing, then either party may commence binding arbitration under JAMS Comprehensive Arbitration Rules and Procedures. The parties will share equally the fees and expenses of the JAMS arbitrator. The arbitration will be conducted by a sole arbitrator chosen by the mutual agreement of the parties or, failing that, by JAMS under its then prevailing rules. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will have the authority to grant specific performance or any other equitable or legal remedy, including provisional remedies. Each party will be responsible for its own incurred expenses arising out of any dispute resolution procedure. Any arbitration proceedings will take place in Los Angeles, California.

Privacy Policy

At RAIC, we respect the privacy of our users. For details please see our Privacy Policy. By using the Site, you consent to our collection and use of personal data as outlined therein.

If you have any privacy-related questions or unresolved problems, you may contact us.

Entire Agreement

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by RAIC to enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of RAIC in respect of any existing or subsequent breach of these Terms of Use. You must not assign, transfer or otherwise deal with all or part of your rights or obligations under the Terms of Use without RAIC’s written consent.

Effective as of July 7, 2022.