GLOBAL IOT DATATHON

TERMS AND CONDITIONS

Last Updated: September 16, 2019

The GLOBAL IOT DATATHON (the “DATATHON”) aims to provide a website and system for students to create and submit IoT data projects. These projects are at the benefit of academia, research institutions, corporations, governmental or non-governmental organizations (NGOs) and other entities. YOUR PARTICIPATION IN THE DATATHON CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THE TERMS AND CONDITIONS (“TERMS”) IN THIS LEGALLY BINDING AGREEMENT WITH TERBINE, A NEVADA CORPORATION (“TERBINE”). THE TERM “YOU” REFERS TO YOU, THE “PARTICIPANT”. THE DATATHON IS VOID WHERE PROHIBITED BY LAW. BY ACCESSING THE SYSTEM (AS DEFINED BELOW) AND PARTICIPATING, YOU AGREE TO THESE TERMS AND CONDITIONS.

The Datathon begins at 0000 UTC on October 14, 2019 and ends at 2359 UTC on October 28, 2019 (the “End Date”). There is no entry or registration fee required. The Datathon is open to individuals who are at least 16 years old. If You are under the age of 18, You represent that Your parents or Your legal guardian has reviewed and agreed to these Terms, and bear all legal and financial responsibility and liability for Your actions

If You signup with or access the System (as defined below) through a third party System like Apple or Google, a social networking site like Facebook, LinkedIn or Your email address, You are obligated to also agree, accept and comply with such third party’s terms of service in addition to our Terms. By accessing our System, You are also agreeing to Terbine’s Privacy Policy (the “Privacy Policy), which is incorporated into these Terms by this reference. These Terms and the Privacy Policy may change from time to time. We will post the changes on this page, indicate at the top of this page the date these terms were last revised, and notify You in an email notification or through other reasonable means of such. Any such changes will be effective immediately, unless provided otherwise. If You do not agree to the Terms or any changes to the Terms You cannot use our System.

  1. Your Participation

1.1 To participate, You must register for an account and submit the required information to set up an account on the Terbine Datathon System accessible www.iotdatathons.com (the “System”). As a Datathon participant, You must follow any instructions set forth by the Datathon Guidelines found on the site and the rules below:

  • Compete with other Participants to receive Terbine Datathon awards and Rewards (the “Awards”)
  • You do not represent Terbine in any way and You are prohibited from creating any accounts on third party websites or with third parties for the purposes of downloading Data to submit to Terbine via the System
  • Each project submitted by You will be reviewed by Terbine in accordance with the criteria set forth at www.iotdatathons.com
  • Except for Your own personal information requested by Terbine for the purpose of registration, You shall not submit any personal information to the System
  • Once the Submission Period has ended, you may not make any changes or alterations to your Submission
  • Subject to the above, no datasets with personal information will be accepted, unless such personal information in the dataset is anonymized prior to submission on the System
  • Other than anonymizing personal information using industry-standard methods, You shall not modify, manipulate, edit or otherwise change any portion of the Data
  • You must use Your own equipment, time and resources to participate and not that of any employer or third party that may establish rights to or interest in any work or information provided by You for this Datathon
  • You are prohibited from using the System for commercial purposes
  • You are prohibited from creating an account on someone else’s behalf
  • You are prohibited from creating an account using inaccurate or false information, which includes impersonating another.
  • You are prohibited from renting, selling, gifting, giving away Your account to anyone else

1.2 Username and Password

To access certain restricted sections of our Site you will be required to sign up for a Datathon account. You agree that the confidentiality of your username and password are your responsibility. You agree to accept responsibility for all activities that occur under your username and password and to notify us immediately if you believe there has been any unauthorized use of your account or other breach of security.

We reserve the right to suspend or terminate any User account, and to reclaim or re-assign usernames without any liability to you. Usernames are displayed publicly on the Site. You agree not to create a username that is obscene or offensive to others, or impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. We reserve the right to reclaim usernames associated with accounts that are inactive for more than six months. We may also reclaim usernames on behalf of organizations or individuals, if they hold legal claim or trademark on those usernames.

  1. Use Restrictions.

2.1 You may not reproduce, sell, resell, reverse engineer or otherwise exploit any tools, resources, or access to any tools or resources, contained on or provided in connection with the System or the Datathon. You are prohibited from using any services or facilities provided in connection with this Datathon to compromise or tamper with security, system resources or accounts. The use or distribution of tools designed for compromising security (e.g. any malicious code, password guessing programs, cracking tools or network probing tools) is strictly prohibited. You are prohibited from interfering with or disrupting the integrity or performance of any Service or third-party data contained therein. You may not attempt to gain or assist any third party to gain unauthorized access to the System.

2.2 You will make best efforts to submit correct information that accurately describes the data feeds. You are prohibited from submitting any misleading or false information whether such information is about Yourself, third parties or in relation to any Data.

2.3 Except as expressly provided in these Terms, nothing in the Terms gives you a right to use the Terbine name or any of the Terbine trademarks, logos, domain names, and other distinctive brand features.

2.4 The relationship between you, the Maker, and Terbine, is not confidential, fiduciary, or another special relationship.

2.5 Our Site may contain links to third party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.

2.6 All Users agree NOT to post or make available content (including any User Profile, Software, Submission or Datathon Content) or otherwise use the Site in a manner that:

  • Misrepresents your identity, or your current or past work, education, skills, or qualifications;
  • Misrepresents any entity or organization;
  • Impersonates any person or entity, including, but not limited to a Terbine employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Uses or attempts to use another User’s account;
  • Discloses information about another person or entity, including your employer, that is confidential, or that you are not authorized to disclose;
  • Is harmful, threatening, abusive, harassing, defamatory, derogatory, libelous, invasive of another’s privacy, harmful to minors in any way, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Depicts hatred, is in bad taste, incites violence or is likely to incite violence, contains excessive vulgar or obscene language or excessive violence, contains pornography, obscenity or sexual activity;
  • Violates any law or regulation, including federal, state, or local laws;
  • Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party, or violates any contractual or fiduciary obligation;
  • Substantially duplicates Software or a Submission, or other User Content previously entered on the Site or in the same Datathon (by you or another Maker);
  • Constitutes or contains “affiliate marketing;” “link referral code;” “junk mail;” “spam,” “chain letters;” “pyramid schemes;” unsolicited commercial advertising; or any other form of excessive, repetitive, and/or unsolicited messages to other users;
  • Contains malware such as software viruses, worms, 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;
  • Discloses personal information about another person such as their email address, telephone number, address (street or box number), or social security number;
  • Disrupts the normal flow of dialogue with an excessive amount of content to the Site, or otherwise negatively affects other users’ ability to use the Site;
  • Constitutes excessive use of site features, inconsistent with the intent and purpose of the Site, and/or placing an undue burden on the Services, including but not limited to excessive following of other Users, excessive liking of User Content, and/or excessive registrations for Datathons or other events on the Site;
  • Uses manual or automated software, devices, scripts robots, or other means or processes to access, “scrape,” “crawl” or “spider” the Site, User Content (including User Profiles and Team Pages), or any related data or information;
  • Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site;
  • Disparages another person or Terbine; or
  • Contains any other content or constitutes any other action, which in the sole judgment of Terbine, is inappropriate or inconsistent with the purpose of the Site.

2.7 Without limiting the foregoing, you understand that all User Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the person or entity from which such User Content originated. You understand that Terbine does not control, and is not responsible for User Content made available through the Site, and that by using the Site, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Terbine makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any User Content.

  1. Scoring of Entries:

3.1 Participants with the highest scores from the judge panel will be eligible for the top Awards. To view the standards the judges will use to rank the submitted projects please go to www.iotdatathons.com.

3.2 Participants with the highest judge score will receive Awards. Last Entries must be submitted by the End Date and the final projects selected as winners will be published by November 15, 2019.

3.3 If You ranked in the top 10 projects your rank will be accessible through Your personal dashboard via the System. If You have any questions, please email admin@iotdatathons.com

3.4 Determination of eligibility and compliance is at the sole discretion of Terbine. Terbine reserve the right to disqualify any Submission or Participant, if the Submission or Participant does not comply with these Terms.

3.5 Terbine reserves the right to terminate Your account, in its sole discretion, at any time without notice. You may terminate Your account at any time by submitting a notice to Terbine at [email]. Your account will be terminated within five (5) business days of the notice of termination.

  1. Ownership of Submissions

4.1 Participant is not entitled to and will not receive any compensation from Terbine in connection with any Submissions. Excluding the Data, any information or materials You provide to Terbine, submit to the System or contribute to this Datathon, including, without limitation, any Metadata, any feedback on the System, or any ideas on Terbine products or services; collectively, the “User Content”, is available for Terbine’s use free of any obligations to You, except expressly stated otherwise in these Terms. Each Participant acknowledges and agrees that Terbine or other Participants or third parties may have developed or commissioned works which are similar to any Submissions of Participant, or may develop something similar in the future, and each Participant waives any claims that Participants may have resulting rights from any similarities to any Submissions from Participants.

4.2 Participant represents and warrants that the Participant is the owner of the User Content, Participants is entitled to enter into the Terms and has the right to grant the license below.

4.3 You confirm that no such User Content will be subject to any obligation of confidence or otherwise, to You or any other person and that Terbine shall not be liable for any use or disclosure of such User Content.

4.4 Participant represents and warrants that, all User Content is and will be Participant’s own work and does not and will not infringe the intellectual property or proprietary rights of any third party, including, without limitation, any third party patents, copyrights or trademarks. Participant hereby agrees to waive, and agrees not to instigate, support, maintain or authorize any action, claim or lawsuit against the Terbine, or any other person, on the grounds that any use of a Participant’s Submission infringes any of Participant's rights as creator of the Submission, including, without limitation, trademark rights, copyrights and moral rights or “droit moral.”

4.5 Participant hereby assigns and transfers and agrees to assign and transfer to Terbine all right, title, and interest in and to Participant’s User Content and consequently Terbine will have all rights to copy, edit, publicly display, modify, distribute, license, make derivative works, sublicense, publish and otherwise use, in whole or in part, any User Content, in any manner without further compensation during or after the Datathon. At Terbine’s request and expense, Participant will assist and cooperate with Terbine in all respects to execute documents, and will take such further acts reasonably requested by Terbine to enable Terbine to acquire, transfer, maintain, perfect and enforce its intellectual property rights and other legal protections for the Submission. Participant hereby appoints the officers of Terbine as Participant’s attorney-in-fact to execute documents on behalf of Participants for this limited purpose.

4.6 To the extent that the User Content may not be assigned or transferred, You grant Terbine a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for third parties to modify any User Content, and for Terbine to make the User Content available to others for publication, distribution, syndication, or broadcast, subject to our terms and conditions for the user of such User Content. Such additional uses by Terbine or others may be made with no compensation paid to you.

4.7 Nothing herein shall constitute an employment, joint venture, or partnership relationship between Participant and of Terbine. You participate in the Datathon voluntarily and in Your individual, personal capacity.

4.8 Terbine does not and cannot review all User Content or other communications and materials posted to or created by Participants accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the site, Terbine is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Terbine reserves the right to block or remove communications or materials that it determines to be in violation of the Code of Conduct.

4.9 If Terbine determines that your Submission has not been received, or has been erroneously deleted, lost, destroyed or corrupted, Terbine may request the opportunity to resubmit your Submission. However, you must make such a request promptly after you know or should have known there was a problem. Your request will be handled at the sole discretion of Terbine.

  1. Awards

5.1 Participants with the highest Ranking and qualifies for Awards (a “Recipient”) will be notified by email and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification and if applicable will be issued a W-9 tax form or suitable filing document pertaining to the jurisdiction where the Recipient is domiciled. If a selected Recipient cannot be contacted; is ineligible; fails to claim an Award; or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the Award may be forfeited and an alternate Recipient will be selected.

5.2 Recipients shall be eligible for Awards listed at www.iotdatathons.com Additional Awards may become available as the Datathon continues.

5.2 If Recipient receives an Award that requires travel, all costs and expenses not specifically included herein, including, but not limited to, transportation to gateway; ground transportation; transfers; food; beverages; mini-bar; insurance; gratuities, souvenirs, etc. are the sole responsibility of the Recipient. Recipient must possess necessary travel documents, e.g. valid passport, or valid identification at least thirty (30) days prior to travel. Trip must be completed within twelve months of the Award date; or ticket will be forfeited. All reservations must be made a minimum of 30 days prior to departure, and are subject to black-out periods and availability. Travel must originate from and end at the same airport. Once travel commences, no stopovers are permitted. No changes will be made to travel details once any portion of travel arrangements has been made. Ticket re-issues and/or time extensions are not allowed. Flight details are subject to space availability and airline carrier’s regulations and conditions apply. Certain other restrictions may also apply. The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.

5.3 The odds of winning depend on the total number of eligible Submissions received and the quality of such Entries as described above. No cash or other substitution of Awards is permitted, except at the sole option of Terbine for an Award of equal or greater value. Terbine will not replace any lost or stolen Awards. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to awards.

5.4 Internships or jobs offered to Participants by Sponsors, or other companies, are not at the responsibility of Terbine. All agreements, contracts or offers made by a Sponsor to a Participant must be at the discrepancy of the Participant and under the Terms and Conditions of the Sponsor. Terbine is not responsible for any actions, relationships or events that occur between the Participant and Sponsor. Terbine will not be held responsible for any delay or failure by Sponsors to provide internships or employment under these terms or for any non-availability that arises out of any event or circumstance beyond our reasonable control.

  1. Publicity. By participating in the Datathon, Participants consents to the use of his/her/their name, photo and/or likeness, biographical information, Submission and statements attributed to Participant (if true) for advertising and promotional purposes, including without limitation, inclusion in Terbine’s newsletters, Terbine’s website at www.terbine.com and any of the Terbine’s social media accounts or outlets without additional compensation. By participating in a Datathon on the Site you consent to the use of personal information about you, if you are a winner, Terbine, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes. The duration of your consent is for a period of three years following the conclusion of the Datathon. This consent applies, as applicable, to all members of the Participant’s team which participated in the winning Submission.
  1. Indemnity. You agree to release, indemnify, defend and hold Terbine and its parents, affiliates, subsidiaries, directors, officers, employees, agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Datathon, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from Your participation in the Datathon or acceptance or use of an award or parts thereof, including without limitation (i) any condition caused by events beyond Terbine control that may cause the Datathon to be disrupted or corrupted; (ii) any claim than a Submission infringes third party intellectual property or proprietary rights; (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an award, or acceptance, possession, or use of Your awards, or from participation in the Datathon; (iv) any printing or typographical errors in any materials associated with the Datathon or technical errors that may impair Your ability to participate in the Datathon; (v) errors in the administration of the Datathon; (vi) any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Terbine reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Terbine, and You agree to cooperate with Terbine’s defense of these claims. Terbine will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

  1. DISCLAIMER. OUR SYSTEM AND ANY TOOLS OR INFORMATION WE PROVIDE TO YOU IN RELATION TO YOUR PARTICIPATION IN THE DATATHON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TERBINE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SYSTEM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT OUR SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  1. LIMITATION OF LIABILITIES. IN NO EVENT WILL TERBINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, GOODWILL, BUSINESS, PROFITS OR OTHER INTANGIBLE LOSS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE DATATHON, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT TERBINE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TERBINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $100.00. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

  1. General

10.1 The Datathon is subject to federal, state, and local laws and regulations. The Datathon is offered by Terbine, which is not responsible for (i) late, lost, damaged, incomplete, or misdirected Submissions, responses, or other correspondence; (ii) theft, destruction, unauthorized access to or alterations of Submissions; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

10.2 Terbine reserves the right, in its sole discretion, to cancel, modify or suspend the Datathon in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Datathon is compromised, without liability to the Participants. Terbine reserves the right to disqualify any Participants, as determined by Terbine, in its sole discretion.

10.3 These Terms are governed by the law of the State of Nevada, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Datathon or the Terms must be brought in either the federal or state courts located in Clark County, Nevada. Terbine’s failure to enforce any provision within these Terms shall not constitute a waiver of that provision.

10.4. The Terms may be modified only with approval of Terbine in writing. Any waiver by either party of any condition, term or provision of the Terms shall not be construed as a waiver of any other condition, term or provision. No failure or delay by either party in exercising any right under the Terms will constitute a waiver of that right.

10.5. Terbine may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any of the rights or obligations You have under the Terms or the Privacy Policy unless You obtain Terbine’s prior written consent. Any such assignments or delegations by You without Terbine’s prior written approvals are ineffective and in violation of the Terms.

10.6. Terbine may publish additional policies, rules or guidelines for the Datathon. Your right to participate in the Datathon is subject to those policies (if any) and these Terms. The Terms, including any additional policies and documents referenced in this agreement which are incorporated by this reference, supersedes all prior understandings between Terbine and You; regardless of the medium (oral, written, electronic) and practice (custom, policy, course of business, precedent) such understandings were communicated.

10.7. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of the Terms will remain in effect.

10.8 Section 3, and 7 through 10 shall survive the expiration or earlier termination of the Terms.

10.9 Terbine’s failure to enforce any term of this Agreement or the Official Rules shall not constitute a waiver of that provision. If any provision of any Official Rules is or becomes illegal or unenforceable in any jurisdiction whose laws or regulations apply to you, the remainder of the Official Rules, including the rule affected, shall remain unaffected and valid, to the fullest extent permitted by law, illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects Terbine’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision