Soft Actions Task Force: "Big ideas to reduce prevalence of bad content in News Feed" and accompanying discussion
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fbarchive.org TERMS OF SERVICE Welcome to fbarchive.org, an online resource offered by the Data Privacy Lab and Public Interest Technology Lab at Harvard University (“Harvard”). The fbarchive resource (“FBarchive”) includes all pages within the fbarchive.org (the “Website”); all pages displayed by the FBarchive app (the “App”) within the MyDataCan Platform (the “MDC Platform”); the MDC Platform, to the extent you use it to access FBarchive; and all content, services, features, and affordances provided by or through the Website and/or App. By accessing content on the Website, creating a User Account, or subscribing to or using the App, you accept and agree to be bound by the following Terms of Service: 1\. FBarchive. The purpose of FBarchive (the “Purpose”) is to create a secure and privacy-principled ecosystem where journalists, researchers, and members of the public can access, review, comment on, and discuss data, communications, content and other material (the “Data”) that relate to the business and operations of Meta, Inc. and the social media and other platforms and services Meta provides. 2\. Appropriate Use/ Conduct. You agree that you are responsible for your own use of FBarchive, and that you will use FBarchive in compliance with these Terms of Service and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws. You further agree to the following FBarchive Core Principles: ☐ You will access and use FBarchive only consistently with the Purpose. ☐ Except that you may disclose reasonable and limited portions of the Data outside the platform in works of scholarship, commentary, and journalism, you will not (1) download, remove, or copy Data from FBarchive; (2) publish or post FBarchive Data on any other platform or in any other medium; or (3) disclose Data from FBarchive to any person outside of FBarchive. ☐ You will not identify or seek to identify any person who is an author or subject of, and not already identified in, the Data. ☐ You will access and use FBarchive always in good faith. You further agree that you will not: · Impersonate any other person, including by establishing a User Account with a name or identity that is not your own or by using a User Account that does not belong to you; · Provide false, misleading, or inaccurate information to FBarchive; · Reverse-engineer FBarchive or any part of FBarchive; · Use FBarchive in any manner that could reasonably be expected to damage, disable, overburden, interfere with, or disrupt any part of FBarchive, the MDC Platform, or the computer equipment or network(s) connected to either FBarchive or the MDC Platform; · Attempt to gain unauthorized access to FBarchive, the MDC Platform, any MDC Platform or FBarchive user accounts, or the computer equipment or networks connected to FBarchive or MDC Platform via hacking, password mining, or any other means; · Obtain or attempt to obtain any materials or information on or via FBarchive or the MDC Platform, if such materials or information are not expressly made available to you through FBarchive or the MDC Platform; · Copy any portion of FBarchive; · Use any high-volume, automated, or electronic means to access FBarchive (including without limitation robots, spiders or scripts); · Frame FBarchive’s Website or App, place pop-up windows over its pages, or otherwise affect the display of its pages; or · Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through FBarchive. Your ability to access and use FBarchive is conditioned on your full compliance with these Terms of Service. You understand and agree that Harvard may suspend or terminate your access to FBarchive for noncompliance with these Terms of Service or for any other reason or for no reason. 3\. User-Generated Content. FBarchive provides features by which users can post annotations, comments, and other information (“User-Generated Content”). If you choose to post User-Generated Content, you will not: · Make comments that are abusive, threatening, knowingly false, or unlawful. · Use foul language or engage in personal attacks. · Post content that infringes a copyright, trademark, or patent right, trade secret, or other legal right of any person. By submitting User-Generated Content for publication on FBarchive, you grant Harvard a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to reproduce, publicly perform, publicly display, and distribute said content on FBarchive. You understand and agree that Harvard may monitor User-Generated Content on FBarchive and reserves the right to modify or remove any of said content at its discretion, without notice, and for any reason. You understand that Harvard assumes no responsibility for monitoring, modifying, or removing, or failing to monitor, modify, or remove, any User-Generated Content. You further understand and agree that the views and opinions expressed by other users on FBarchive are theirs alone and should not be ascribed to Harvard. Content created by third parties is the sole responsibility of the third parties, and its accuracy and completeness are not endorsed or guaranteed by Harvard. Harvard will have no liability in the event any User-Generated Content you post violates third-party rights or is used or disclosed by others in violation of these Terms of Service. You understand that User-Generated Content that you post may not remain confidential, so you should not post anything that you do not want made public, including anything that may embarrass or expose you or your employer to a risk of litigation. 4\. DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FBarchive AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN OR OBTAINED THEREBY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT FBarchive WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT FBarchive IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT: (A) THAT FBarchive WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES; (B) THAT FBarchive WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (C) THAT THE INFORMATION OR SERVICE OBTAINED THROUGH OR FROM FBarchive WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR RELIABLE; OR (D) THAT ANY DEFECTS IN OR ON FBarchive WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH FBarchive, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS FBarchive MAY BE IMPAIRED. 5\. LIMITATION OF LIABILITY. EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE SITE, UNAVAILABILITY OF ANY SERVICE, SERVER, OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING FBarchive), ARISING OUT OF OR RELATING TO FBarchive, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE FBarchive, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH FBarchive, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO FBarchive (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW, WILL NOT EXCEED THE AMOUNT, IF ANY, THAT YOU PAID US TO USE FBarchive IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT WE HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO OUR WILLINGNESS TO MAKE FBarchive AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT, FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY AND THIRD-PARTY PROVISIONS IN SECTIONS 6 AND 7 BELOW, THE TERMS “WE,” “OUR,” AND “US” INCLUDE THE CORPORATE BODY PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ALSO KNOWN AS HARVARD UNIVERSITY, ITS VARIOUS SCHOOLS, THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, FACULTY MEMBERS, EMPLOYEES, FELLOWS, AND TO THE EXTENT THEY ARE WORKING ON FBarchive, ITS STUDENTS, CONTRACTORS, AND REPRESENTATIVES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 6\. Indemnification. You agree to indemnify us (as defined for this purpose in Section 5 above) and hold us harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of FBarchive in violation of these Terms of Service; or (b) your violation of any law or rights of any third party in connection with your use of FBarchive. 7\. Links and Third-Party Affiliated Apps. FBarchive may include hyperlinks to websites or applications maintained or controlled by others, including apps developed and deployed by third parties for use on the MDC Platform. We are not responsible for and do not approve or endorse the contents or use of any of the information, products, or services that may be offered by these third-party websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk. You expressly relieve us from any liability arising from your use of any third-party website or application. 8\. Choice of Law. You agree that the Terms of Service and any claim or dispute arising out of or relating to the Terms of Service or your use of FBarchive will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or inconvenience of forum). 9\. Whole Agreement/ Amendments. These Terms of Service, together with the MyDataCan Terms of Service, comprise the entire agreement between you and Harvard with respect to your use of FBarchive and, as applicable, the MDC Platform. Harvard reserves the right to amend these Terms of Service at any time. FBarchive will send you notice of changes made to the Terms of Service within a reasonable time of making them, and by accessing FBarchive after receiving this notice, you agree to be bound by all the modified terms. Accordingly, you should periodically revisit this page to review the then-current Terms of Service. agree