Posted: February 19, 2019
Effective: February 19, 2019

Algorithm Central Terms of Use

Services
The Services described herein are provided to you by BeamIO, Inc., a Delaware corporation, with offices at SPACES The Artisphere, 1101 Wilson Blvd., 6th Floor, Arlington, VA 22209 ("BeamIO", "We", "Our"). These terms of service ("Terms") cover your use and access to our services and websites. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization and warrant that you are authorized to do so.
Description of the Services
Algorithm Central is a public repository of software code ("algorithms") developed by individuals and organizations, including our own employees. By downloading a software application called the Algorithm Toolkit ("ATK"), you may download and install algorithms from this repository and use them in your own applications, subject to the license terms applied to each algorithm you download and install.
You may also publish algorithms to this repository. Publishing algorithms requires a free or paid TileDriver account; establishing a TileDriver account in order to publish algorithms is subject to the TileDriver Terms of Service.
Your Responsibilities
You agree to abide by our Acceptable Use Policy while using our Services.
You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.
You agree to keep the contact information associated with your TileDriver account current and complete.
Use of Algorithm Central
Subject to these Terms, BeamIO grants you permission to use Algorithm Central. That permission is not exclusive to you, and you cannot transfer it to anyone else.
Your permission to use Algorithm Central entitles you to do the following:
  • You may search for, download, publish, and manage algorithms, and otherwise interact with Algorithm Central, via the Algorithm Toolkit published by us at https://www.github.com/BeamIO-Inc/algorithm_toolkit (the ATK).
  • You may search for, download, publish, and manage algorithms using software other than CLI via application programming interfaces that BeamIO publicly documents or makes available for public use (Public APIs).
  • You may search for and manage algorithms in Algorithm Central, and otherwise interact with the website.
Acceptable Use Policy
You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services.
You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.
You may not use the Services to:
  • You will not submit material to Algorithm Central in any form that violates our Acceptable Content, described below.
  • Disseminate material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
  • Aid or implement practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information intended to abrogate any human rights, civil rights, or civil liberties of individuals on the basis of race, gender or gender identity, sexual orientation, religion, or national origin;
  • Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
  • Create a false identity or otherwise attempt to mislead others as to the identity or origin of any communication;
  • Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, and exemptions;
  • Interfere with or attempt to gain unauthorized access to any computer network;
  • Host with, transmit to or provide to us any information that is subject to specific government regulation, including, without limitation, Protected Health Information (as defined in the U.S. Health Insurance Portability and Accountability Act, as amended), financial information (as regulated by the U.S. Financial Services Modernization Act, as amended), consumer reports and consumer-reporting information (as regulated by the U.S. Fair Credit Reporting Act, as amended) and information subject to export control or economic sanction laws;
  • Operate dangerous businesses such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage;
  • Transmit viruses, trojan horses, or any other malicious code or program; or
  • Engage in any other activity reasonably deemed by us to be in conflict with the spirit or intent of these Terms.
You may not modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site's software, except as expressly permitted by a written license from us. Further, unless expressly prohibited under applicable law, you may not use the Services to develop, test, validate and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).
Acceptable Content
Administrators at Algorithm Central reserve the right to delete content hosted here that they deem unacceptable. Unacceptable content can take the form of an algorithm, a README file, a user or organization name, or any other content submitted. A few examples of unacceptable content:
  • Content that is illegal, offensive, or otherwise harmful. This includes content that is harassing, inappropriate, or abusive.
  • Content in violation of law, infringing the intellectual property rights of others, violating the privacy or other rights of others, or in violation of any agreement with a third party. This includes code that violates a public license for others' work.
  • Content containing malicious computer code, such as computer viruses, computer worms, rootkits, back doors, adware, or spyware. This includes content submitted for research purposes unless agreed to in advance by BeamIO. Tools designed and documented explicitly to assist in security research are acceptable, but proof-of-concept exploits are not.
  • Packages that are not functionally compatible with the Algorithm Toolkit. For example, a "package" cannot simply be a PNG or JPEG image, a movie file, or a text document uploaded directly to this repository. Using Algorithm Central as a general purpose database is not allowed.
  • Content that exists only to "reserve" a name, whether a package name, user name, or organization name.
Payment and Billing Terms
You may use Algorithm Central free of charge. We offer a standalone version of this repository's software that you may use in your own environment ("Private Registry"), which carries a license fee detailed here.
For the Private Registry or future paid services, the following represent our payment and billing terms:
Billing
When you sign up for a paid service, you will provide us or our payment gateway partner with information necessary to bill you. This may be a credit card, bank account or other method of payment. We will bill your method of payment each month until you cancel your account. You're responsible for all applicable taxes, and we will charge tax as required.
Refunds
If the paid service is on a subscription basis, you may cancel your associated account at any time. However, we do not provide refunds unless required by law.
Changes
We reserve the right to change our Services pricing at any time. However, we will provide you notice of pricing changes in advance.
Bank Fees
We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and the provider of your method of payment.
Ownership
Your Content
You retain ownership of all software code and other files packaged in algorithms that you contribute to the Services, excluding any software code or other files that you receive from BeamIO ("Your Content").
Your Content belongs to you. You decide whether and how to license it. But at a minimum, you license BeamIO to provide Your Content to users of Algorithm Central when you share Your Content. That special license allows BeamIO to copy, publish, and analyze Your Content, and to share its analyses with others. BeamIO may run computer code in Your Content to analyze it, but BeamIO's special license alone does not give BeamIO the right to run code for its functionality in BeamIO products or services.
On termination of your account, we will make reasonable efforts to promptly remove from the site and cease use of Your Content; however, you recognize and agree that caching of or references to Your Contenrt may not be immediately removed.
Our Content
Other than Your Content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of BeamIO and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to BeamIO or our licensors. You may not remove any proprietary notices or product identification labels from the Services.
Copyright
If you are a copyright owner or an agent thereof, and believe that any user submission or other Algorithm Central 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 http://www.copyright.gov/legislation/dmca.pdf for further detail):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Algorithm Central are covered by a single notification, a representative list of such works from Algorithm Central;
  3. 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 BeamIO to locate the material;
  4. Information reasonably sufficient to permit BeamIO to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  5. 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
  6. 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.
Please email your notification to copyright@beamio.net.
Representation and Warranties
THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CUSTOMER NOR BEAMIO AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND FOR BACKING UP ANY DATA STORED ON THE SERVICES.
BEAMIO MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT ERRORS IN ALGORITHM CENTRAL WILL BE CORRECTED.
YOU RECEIVE MATERIAL VIA ALGORITHM CENTRAL AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND NETWORK, AS WELL AS ANY DATA LOSS THAT MAY RESULT FROM USE OF ALGORITHM CENTRAL OR MATERIAL RECEIVED VIA ALGORITHM CENTRAL.
ALGORITHM CENTRAL MAY PROVIDE INFORMATION AND SOFTWARE THAT IS INACCURATE, INCOMPLETE, MISLEADING, ILLEGAL, OFFENSIVE, OR OTHERWISE HARMFUL. BEAMIO MAY, BUT DOES NOT PROMISE TO, REVIEW CONTENT PROVIDED BY ALGORITHM CENTRAL.
ALGORITHM CENTRAL PROVIDE INFORMATION ABOUT OWNERSHIP AND LICENSING OF ALGORITHMS, AS PROVIDED BY THOSE ALGORITHMS' PUBLISHERS. THAT INFORMATION MAY BE WRONG. BEAMIO CANNOT AND DOES NOT PROVIDE LEGAL ADVICE.
Legal Compliance
We believe that law enforcement should be able to conduct effective and efficient investigations -- but not at the expense of user rights. BeamIO will review and respond to properly served requests for user information in accordance with its privacy policy, terms of service, and applicable law. We reserve the right to object to requests that are improperly served, overly broad, or vague. BeamIO will notify its users of requests for their information unless legally prohibited from doing so.
Legal Requirements
Non-content user information will not be released to law enforcement except in response to a subpoena, court order, or other valid legal process. Content information will only be disclosed in response to a probable cause search warrant from an agency with proper jurisdiction. Under US law, including the federal Stored Communications Act, 18 U.S.C. Sections 2701-2712:
  1. A valid subpoena issued in connection with an official criminal investigation is required for BeamIO to disclose non-content user information as defined in 18 US Code section 2703(c)(2) (e.g.: name, means of payment, and length of service).
  2. A court order issued under 18 US Code section 2703(d) is required for BeamIO to disclose other non-content information.
  3. A probable cause search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant is required for BeamIO to disclose user content information -- e.g. maps, data, and user communications with BeamIO -- or user location information.
If, in our good faith judgment, our disclosure is necessary to prevent imminent death or severe physical injury, we may provide law enforcement with information to prevent that harm, if we have it.
Third Party Services
Algorithm Central may hyperlink to and integrate with third-party applications, websites, and other services. You decide whether and how to use and interact with such services. BeamIO does not make any warranty regarding such services or content they may provide, and will not be liable to you for any damages related to such services. Use of such third-party services may be governed by other terms and privacy notices that are not part of this Agreement and are not controlled by BeamIO.
Publishing algorithms to Algorithm Central requires a TileDriver account. TileDriver accounts are subject to TileDriver Terms of Service.
Account Cancellation
If you breach any of these Terms, we may immediately without notice cancel or suspend your account and terminate the limited license granted to you hereunder. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, we may cancel or suspend your account for any reason by providing you 30 days' advance notice.
Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services.
Changes to This Policy
We may modify these Terms and other terms related to your use of the Services (like our privacy policy) from time to time, by posting the changed terms on the site. All changes will be effective immediately upon posting to the site unless they specify a later date. Changes will not apply retroactively. Please check these Terms periodically for changes - your continued use of the Services after new terms become effective constitutes your binding acceptance of the new terms.
We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current Algorithm Central APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
Indemnification
By You
You will indemnify, defend, and hold harmless BeamIO from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against BeamIO and its Affiliates regarding: (a) Customer Content; (b) Customer Domains; or (c) Customer's, or Customer's End Users', use of the Services.
By Us
BeamIO will indemnify, defend, and hold you harmless from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against you to the extent based on an allegation that our technology used to provide the Services to you infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party.
In no event will BeamIO have any obligations or liability under this section arising from: (a) use of any Services in a modified form or in combination with materials not furnished by BeamIO; and (b) any content, information, or data provided by Customers, End Users, or other third parties.
General
The Party seeking indemnification will promptly notify the other Party of the claim and cooperate with the other Party in defending the claim. The indemnifying Party will have full control and authority over the defense, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE BEAMIO AND CUSTOMER'S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR BEAMIO OR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR BEAMIO AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.
Entire Agreement
The failure of BeamIO to exercise or enforce any right or provision of this TOS will not be a waiver of that right. You acknowledge that this TOS is a contract between you and BeamIO, even though it is electronic and is not physically signed by you or BeamIO, and it governs your use of the Service and takes the place of any prior agreements between you and BeamIO.
Assignment
You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of BeamIO, which may be withheld for any reason or no reason at all. BeamIO may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party's business or assets to which these Terms relate.
Severability
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.
No Employment
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BeamIO as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and BeamIO other than pursuant to these Terms.
Force Majeure
Except for payment obligations, neither BeamIO nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the Party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).