Welcome to Consenses.org®, a service provided by Consenses LLC.
- Description of the Platform: This provides a general description of the Platform, its features and functionality.
- Consenses Chains: This describes what a Consenses Chain is, and how it operates within the Platform.
- Your Use of the Platform: This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
- Your Content: This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
- Grant of Rights: This section explains how your content will be used on Consenses.org® and the permissions that you grant by submitting your content – for example, the right for other users to experience your art and express themselves in reaction.
- License Term: This section explains the length of commitment you agree to when uploading an your work.
- Representations and Warranties: This section includes important promises and guarantees that you give when uploading content to Consenses.org® – in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
- Liability for Content: This section explains that Consenses.org is a hosting service and that its users are solely liable for material that they upload to Consenses.org®.
- Reporting Infringements: This section explains how to notify us of any content on Consenses.org® that you believe infringes your copyright or any other intellectual property right, or that is offensive, abusive, defamatory or otherwise contrary to our Community Guidelines.
- Third Party Websites and Services: Through Consenses® you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of Consenses.
- Blocking and Removal of Content: This section makes it clear that Consenses may block or remove content from the Platform.
- Repeat Infringers: Users who repeatedly infringe third party rights or breach our Community Guidelines risk having their right to upload content to Consenses® suspended or terminated, as explained in this section.
- Disclaimer: This section explains that Consenses® cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems.
- Limitation of Liability: This section explains some of those things that Consenses will not be liable for. Please make sure you read and understand this section.
- Indemnification: If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
- Changes to the Platform and Accounts: From time to time, we may need to make some changes to Consenses®. This section explains your rights in this situation.
- Right of Content Removal:This section explains how you can remove your work from Consenses.org®, and the grounds on which we can terminate your use of Consenses®.
- Assignment to Third Parties: This section deals with Consenses’ right to transfer this agreement to someone else.
- Severability: This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
- Applicable Law and Jurisdiction: All of our documents are generally governed by U.S. law.
- Disclosures: This section provides information about Consenses, including how to contact us.
Description of the Platform
The Platform is a hosting service. Users of the Platform may submit, upload and post audio, text, photos, pictures, videos, graphics, comments, and other content, data or information (“Content”), which will be stored by Consenses at the direction of such users, and may be shared and distributed by such users, and other users of the Platform, using the tools and features provided as part of the Services and accessible via the Website and elsewhere. The Platform also enables users to interact with one another and to contribute to discussions, and enables any user of the Website or certain Services to view, listen to, watch, read and share Content uploaded and made available by users.
Consenses Chains are virtual gallery rooms that exist within the Platform where one piece of art is posted and where other Consenses artists and visitors can interpret that art and others artistic reactions through their own medium and submit it in response. Consenses reserves the right to show or not to show these submissions at their discretion.
Your Use of Consenses.org
You may remove your content as described in the Content Removal section below. Any attempt to remove your work by means other than those described in the Content Removal section will not be considered a proper means of removal.
You are advised to save or back up any material that you have uploaded to your account before removing your content, as Consenses assumes no liability for any material that is irretrievably deleted following removal of your content. Consenses is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after removal of content.
Your Use of the Platform
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Platform or any part of the Platform.
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(x) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform.
(vi) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
(vii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Consenses’ reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user’s use and enjoyment of the Platform; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(viii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
(ix) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
(x) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by uploading content in the name of another person or company, or sending messages or making comments using the name of another person.
(xi) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Consenses employee.
(xii) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
(xiii) You must not use any automatic means of accessing or uploading Content to the Platform.
(xv) You must not use the Consenses service for the use of spamming. Consenses will reasonably determine what we view as spamming, and this will evolve as we respond to new threats to the community. The following is what could constitute as spam:
high amount of similar actions (e.g. comments/messages/reposts) on/from an account in a short period of time,
frequently including links within comments/messages
Consenses does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole property and responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Consenses shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Grant of Rights
By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, transmit or otherwise distribute, publicly display, publicly perform, prepare derivative works of, make available and otherwise communicate to the public Your Content within the parameters set by you using the Services.
In order to respect and honor Your Content submitted in reaction to Other’s Content, Consenses shall have the right, but not the obligation, to post Your Content on its Website for a period of no less than twenty-four (24) months following the date on which you uploaded it to the Website (hereinafter the “Content Minimum Term”).
Request for the removal of Content that has as yet not been interpreted by another party on the Website will result in the deletion of the relevant files from Consenses’ systems and servers within 24 months. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a External Service, Consenses is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any External Service, or to require that any user of the Platform or any External Service deletes any item of Your Content.
Any Content other than Your Content, including content uploaded in response to Your Content, is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader.
All Content is the property of the artist who created it and it is the responsibility of the artist to copyright and protect their own Content. Consenses will take no responsibility for copyrighting artist’s work or Content and Artist agrees to hold harmless Consenses as it relates to copyright infringement.
Representations and Warranties
You hereby represent and warrant to Consenses as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, artistic rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing or contributing to Your Content in order to include their name, voice, title, performance, contribution or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments that you may post on the Website, is not and will not be offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
(v) Your Content does not and will not create any liability on the part of Consenses, its subsidiaries, affiliates, successors, donors/contributors, boards, and assigns, and their respective employees, agents, directors, officers, and/or shareholders.
Consenses reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
Liability for Content
You hereby acknowledge and agree that Consenses (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute on or through the Platform, and to the extent permissible by law, Consenses excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
Consenses and its subsidiaries, affiliates, successors, assigns, employees, agents, boards, donors, contributors, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users on the Website. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Consenses or any of its subsidiaries, affiliates, successors, assigns, employees, agents, boards, donors, contributors, directors, officers or shareholders.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us at [email protected] and place in the subject area “Legal”.
please make sure that you include the following information:
a statement that you have identified Content on Consenses.org® that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing and the Consenses URL(s) where such Content can be located;
your full name, address and telephone number, a valid email address on which you can be contacted, and your Consenses® user name if you have one;
a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
and a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and your electronic or physical signature (which may be a scanned copy).
Your notice should be sent to us by email to [email protected] and place in the subject area “Legal”
If you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), your notice should be sent to Consenses’ designated copyright agent by email to [email protected] and place in the subject area “Legal”.
Third Party Websites and Services
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
Consenses does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Consenses does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Consenses disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Consenses with respect to the content or operation of any External Services.
Blocking and Removal of Content
Please also note that individual Uploaders have the right to request that their Inspired Content be removed from the Website after 24 months from the date of upload. You have no right of continued access to any particular item of Content and Consenses shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Consenses or the relevant Uploader.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that is sent more than two of these warnings within any twelve-month period is liable to have their access to the Platform terminated forthwith.
We will also suspend your access to Consenses.org and/or remove Your Content without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Consenses at its discretion.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST CONSENSES USES ALL REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS ON THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO CONSENSES’ ATTENTION, CONSENSES MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. CONSENSES DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONSENSES DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
CONSENSES AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, DONNERS, BOARD, CONTRIBUTORS AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, TOGETHER WITH ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
CONSENSES AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, DONNERS, CONTRIBUTOS, BOARDS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT CONSENSES MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY CONSENSES OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT;
(E) YOUR FAILURE TO PROVIDE CONSENSES WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO CONSENSES AS SOON AS POSSIBLE.
ADDITIONALLY, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CONSENSES AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND CONSENSES, AND THAT CONSENSES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless Consenses, its successors, assigns, affiliates, agents, directors, Donnors, Boards, contributors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent.
Data Protection and Privacy
Consenses has an active community of users, many of whom organize and attend face-to-face meetings at venues all over the world (“Meetups”). While Consenses is generally supportive of Meetups and may provide branded promotional materials to help organisers promote their Meetups, Consenses does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and Consenses does not bear any responsibility or liability for the actions of any Consenses users or any third parties who organize, attend or are otherwise involved in any Meetups.
Changes to the Platform
Consenses reserves the right to change, modify, withdraw or discontinue any of the features, services and functionalities of the Platform at any time and for any reason with or without notice. Consenses also reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only.
You hereby agree that Consenses and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, donors, contributors, boards, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website and/or any Services that Consenses may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
Right of Content Removal
Subject to the Content Minimum Term, you may terminate the license granted to Consenses herein at any time by sending notice in writing to Consenses at 382 Huron Ave, Cambridge MA 02138 advising Consenses of such termination. Consenses will endeavor to remove all of Your Content from its servers within 24 months. Consenses will use reasonable efforts to delete any Content and or data you’ve designated for removal. You are therefore advised to copy or back up any Content you have uploaded to the Website before sending us your request for Content removal. Consenses shall have no liability for any of Your Content that may continue to exist on its servers and/or on other cached websites. You have no right of continued access to any particular item of Your Content and Consenses shall have no liability in the event that you are unable to access an item of Your Content due to its removal from the Platform, whether by Consenses or the relevant Uploader.
Once Content has been removed, the art it inspired may be removed as well including all comments in conjunction with those works. In the event of Contents removal, Consenses will use reasonable efforts to contact the owners of the relevant Content it inspired via the e-mail they’ve provided.
For the avoidance of any doubt, Consenses shall have the right to remove any of Your Content at any time at its sole discretion.
Assignment to Third Parties
Consenses may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Consenses. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Consenses.
Third Party Rights
Applicable Law and Jurisdiction
11. Choice of Law and Forum
Effective Date: May 5, 2014