The Biometrics Evaluation and Testing ("BEAT") project is a four-year European research project led by THE FOUNDATION OF IDIAP RESEARCH INSTITUTE ("IDIAP"), Centre du Parc, Rue Marconi 19, PO Box 592, CH - 1920 Martigny, Switzerland, which aims at developing a platform for the testing, evaluation and attestation of biometric systems, in particular by the sharing of open source implementations of algorithms.
The following definitions apply to these Terms of Service ("ToS"):
1.1. BEAT Platform Material means any form of content or material available on the IDIAP BEAT Platform, excluding for the Contribution and the Biometric Database.
1.2. Biometric Database means any biometric information which is indirectly accessible through the IDIAP BEAT Platform for the User and the Visitor.
1.3. Contribution means any Source Code and documentation uploaded, posted, transmitted and/or made available on the IDIAP BEAT Platform by any or all Users, other than IDIAP.
1.4. IDIAP BEAT Platform means the BEAT platform hosted and owned by IDIAP accessible at the BEAT Platform Website, including the BEAT Platform Material, the Contribution, and the Biometric Database.
1.5. Profile Information means any personal information on the IDIAP BEAT Platform that is uploaded or posted by a User or Visitor of the IDIAP BEAT Platform (including but not limited to name, contact information, IP address, email address, images and any postings).
1.6. Source Code means any computer program's instructions and program lines provided by Users in the form of source code to which access is required so as to modify a computer program.
1.7. User means a person or entity that registered with IDIAP BEAT Platform and uses or uploaded at least one Contribution to the IDIAP BEAT Platform.
1.8. Visitor means any individual or entity, other than a User, that accesses or uses otherwise the IDIAP BEAT Platform.
2.1. BY ACCESSING THE IDIAP BEAT PLATFORM, YOU ACCEPT THAT THESE ToS CONSTITUTE A BINDING AGREEMENT BETWEEN THE USER / VISITOR ("YOU") AND IDIAP. IF YOU DO NOT AGREE, YOU ARE NOT ENTITLED TO MAKE USE OF THE IDIAP BEAT PLATFORM.
2.2. The use of the IDIAP BEAT Platform is only authorized, if You have reached the legal age in Your country of residence, otherwise You shall obtain Your parent's or legal guardian's consent to use the IDIAP BEAT Platform and that they have read and agreed to these ToS.
2.3. IDIAP may revise these ToS at any time by updating this document and any modification of these ToS enters in force immediately after Your access to the IDIAP BEAT Platform.
3.1. The basic access and use of the IDIAP BEAT Platform is free for Visitors and Users.
3.2. However, You as User shall register on the IDIAP BEAT Platform before being able to submit / upload / post any Contribution onto the IDIAP BEAT Platform. The registration procedure includes setting-up of a user account with password. You are responsible for choosing an appropriate password, for keeping it secure, and shall not reveal Your password to any third party.
3.3. You as User represent and warrant providing true, current, complete and accurate Profile Information in order to register with the IDIAP BEAT Platform. You as User shall maintain Your Profile Information, in particular contact information accurate, up-to-date and confidential. You as User agree to notify IDIAP immediately of any unauthorized use of Your account and / or password by using the contact form at the BEAT Contact Form. You as User shall not transfer Your account to anyone without prior written permission from IDIAP.
4.1. In order to access and use the IDIAP BEAT Platform, You shall have an electronic device with Internet connection and access.
4.2. You acknowledge that IDIAP may temporarily suspend, block or limit the access to part of or the whole IDIAP BEAT Platform, or its availability, for technical maintenance, repair, or support. In particular, You agree that IDIAP has the right to limit the amount and to set download / upload data quotas (including resume downloads) that may be accessed by You in any given time period.
4.3. IDIAP will endeavor its reasonable efforts to minimize the impact of suc temporary limitation to the IDIAP BEAT Platform and to inform You prior to the scheduled maintenance windows.
You represent and warrant that:
5.1. You will comply with (i) all terms, conditions and obligations of these ToS, (ii) all applicable laws, in particular the laws and regulations of Your country of residence, regarding the access to, and the use of, the IDIAP BEAT Platform, and (iii) all applicable privacy and data protection regulations, in particular regarding the access, the use, the upload, the posting, or the transmission of any Biometric Database onto the IDIAP BEAT Platform.
5.2. You are the sole owner of any Contribution uploaded, posted or transmitted onto the IDIAP BEAT Platform and that Your access, use, or any Contribution You upload, post or transmit to the IDIAP BEAT Platform (i) will not violate or infringe the rights of any third party, in particular any intellectual property rights; and (ii) is truthful, current, complete and accurate.
5.3. You shall immediately inform IDIAP of any possible breach of confidential information under these ToS by using the BEAT Contact Form.
5.4. You shall not, in particular, but not limited to: (i) remove, conceal or alter any copyright or other proprietary notice incorporated in the IDIAP BEAT Platform; (ii) upload, post, or transmit onto the IDIAP BEAT Platform any Contribution for the purposes of personal data or backup storage, (iii) upload, post, transmit, or use any offensive, derogatory, defamatory, obscene, sexual, threatening, abusive, hateful, misleading, chain letters or pyramid schemes, deceptive, phishing, or unlawful, Contribution; and (iv) provide, request, or use any viruses, Trojan horses, worms, robots, spiders, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, server, network, data or Profile Information.
6.1. IDIAP does not warrant that the IDIAP BEAT Platform will operate error-free or that the IDIAP BEAT Platform is free of defects, computer viruses or other harmful mechanisms.
6.2. IDIAP makes no warranties that the IDIAP BEAT Platform may be accessed or used outside of Switzerland. Access to and / or use of the IDIAP BEAT Platform, in particular of Biometric Database may not be lawful by certain persons and / or certain entities in certain countries. If You access and / or use the IDIAP BEAT Platform from outside of Switzerland, You do so at Your own risk and are responsible for compliance with the laws of Your country of residence.
6.3. The IDIAP BEAT Platform may contain links to or paid advertising banners from third party websites. These links or paid advertising banners are provided solely as for convenience to You and IDIAP does not endorse in any kind whatsoever such websites or third parties. If You decide to access any third party websites, You do so entirely at Your own risk.
6.4. The IDIAP BEAT Platform is provided on an "as is" and "as available" basis without any warranties of any kind. IDIAP makes no warranties about the availability, accuracy, reliability, completeness, or timeliness of the IDIAP BEAT Platform.
6.5. IDIAP, to the fullest extent permitted by Applicable law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement, of the IDIAP BEAT Platform, the Biometric Database, any Contribution, or links, accessible through the IDIAP BEAT Platform.
7.1. All content, material, or intellectual property rights, whether registered or not, on or available through the IDIAP BEAT Platform, including but not limited to the BEAT Platform Material, the Biometric Database, patent, trademark, copyright, data base rights, trade secrets, excluding any Contribution, are the exclusive property of IDIAP, or are used with the right holders' express authorization or license.
8.1. All Contribution and any intellectual property right thereon, uploaded, posted or transmitted onto the IDIAP BEAT Platform by You, are Your exclusive property.
8.2. Unless provided herein to the contrary, You grant IDIAP a perpetual, worldwide, non-exclusive, royalty-free license, to run, execute, compile, link, combine, make available, display, or remove Your Contribution.
8.3. You may at any time share Your Contribution with other Users only ("EXECUTE-ONLY OPTION"; see Section), or make it available to IDIAP, other Users, Visitors and any other third parties ("PUBLIC OPTION"). Once under EXECUTE-ONLY OPTION or PUBLIC OPTION, Your Contribution cannot be removed from the IDIAP BEAT Platform by anyone except IDIAP.
8.4. By opting for the EXECUTE-ONLY OPTION, You grant the other Users a perpetual, worldwide, non-exclusive, royalty-free license, to only run and execute Your Contribution on the IDIAP BEAT Platform.
8.5. By opting for the PUBLIC OPTION, You grant IDIAP the other Users, Visitors and any other third parties, a perpetual, worldwide, non-exclusive, royalty-free license, to use without limitation Your Contribution, subject to the proper acknowledgement of Your intellectual property rights on Your Contribution and of the use of the IDIAP BEAT Platform.
8.6. Unless You opt for one of the hereinabove option under Sections 8.4 or 8.5, All Contribution remains confidential. You agree that, if required by any applicable law or competent authority, to defend or prosecute litigation or arbitration, IDIAP shall be authorized to disclose any Contribution without obtaining Your prior authorization.
8.7. IDIAP respects the intellectual property rights of others, and asks You to do the same. If You believe that Your intellectual property rights have been infringed, the alleged infringement shall be notified to the director of IDIAP by regular written postal mail, with request of receipt, at IDIAP's abovementioned address, with copy to be sent through the BEAT Contact Form by providing the following information: (i) the physical or electronic signature of either the intellectual property rights' holder or of a person authorized to act on the right holder's behalf; (ii) a description of the content or material protected by the intellectual property right You claim that has been infringed; (iii) the description of the activity that You claim to be infringing Your intellectual property rights; (iv) identification of the URL or other specific location on the IDIAP BEAT Platform where the material or activity You claim to be infringing is located or is occurring; (v) any other sufficient information to allow IDIAP to locate the material or the activity; (vi) the name, address, telephone number and email address of the intellectual property rights' holder; and (vii) a statement by You that You have a good faith belief that the use on the IDIAP BEAT Platform of the content or material is not authorized by the intellectual property rights' holder or the law.
8.8. In the event of any notification of intellectual property right infringement on the IDIAP BEAT Platform, IDIAP may remove the alleged infringing content or material from the IDIAP BEAT Platform.
9.1 As a Visitor or User to the IDIAP BEAT Platform, You understand that Biometric Database is made indirectly available by IDIAP for purposes of the use of the IDIAP BEAT Platform, the BEAT Platform Material and the Contribution. You agree and accept that You have no access to the Biometric Database and that the information of the Biometric Database will not be made directly available to You. You agree and undertake not to attempt, in whatever way, to access the Biometric Database, and to respect at all times any applicable law, in particular any privacy and data protection legislation.
9.2. By accessing or using the IDIAP BEAT Platform, You acknowledge and agree that any Profile Information You submitted to IDIAP may be transferred to - and maintained on - computers located outside Your country, where the privacy laws may not be as protective as those in Your jurisdiction or in Switzerland. Your consent to these ToS followed by Your submission of Profile Information represents Your explicit agreement to that transfer.
9.3. IDIAP collects Profile Information for the purpose of registration of a User. In addition, IDIAP will use the Profile Information for the purpose of evaluation, attestation and testing in relation to the BEAT project only.
9.4. In particular, when You use the IDIAP BEAT Platform, it will automatically collect some information about Your electronic device. For example, IDIAP will collect Your IP address and information on Your browser software. Collecting this automatic information helps IDIAP to customize Your experience. It allows IDIAP to monitor, analyze the use of the IDIAP BEAT Platform, and to increase its functionality and user-friendliness.
9.6. You may at any time, request access to Your Profile Information collected by IDIAP, request that inaccurate information shall be amended, or that the collected Profile Information shall be erased. Such request for access must be sent to IDIAP through the form contact accessible at the BEAT Contact Form.
9.7. You acknowledge that the use of the Internet is not safe and that there are certain inherent risks to Your Profile Information. IDIAP shall make reasonable efforts to protect Your Profile Information but IDIAP cannot guarantee or warrant that any Profile Information You provide to IDIAP is safe and protected from unauthorized third party access and it therefore waives all liability in this respect.
10.1. You shall indemnify and hold harmless IDIAP, its affiliates, officers, directors employees, representatives, agents and successors in rights from any and all claims, suits, actions or demands, controversies, demands, judgments, awards, liabilities, costs, expenses including without limitation reasonable legal and accounting fees, and damages of every kind and nature, arising out of or in any way connected with Your access and / or use of the IDIAP BEAT Platform.
10.2. You will in particular indemnify and hold harmless IDIAP from any award of costs and damages brought against IDIAP, its affiliates, officers, directors employees, representatives, agents and successors in rights, to the extent that it is based on a claim (i) regarding a damage allegedly suffered as a result or in connection with the access to and / or use of the IDIAP BEAT Platform; (ii) for infringement or alleged infringement of any intellectual property right of a third party; (ii) for breach of confidentiality or security of Your Profile Information; and (iv) for any breach of these ToS by You or any other third party.
To the fullest extent permitted by Applicable law, neither IDIAP, nor its affiliates, officers, directors employees, representatives, agents and successors in rights, shall be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, including without limitation, losses, loss of profits, any damages resulting from the violation of any confidentiality or security obligation, any damages resulting from loss of data, data slowness, or business interruption resulting from the use of or inability to use the IDIAP BEAT Platform, arising out of or relating in any way to (i) the access to and / or use of the IDIAP BEAT Platform; (ii) the non-authorized access and / or use of Your Profile Information; (iii) the infringement of any third party’s rights, in particular the infringement or the alleged infringement of any intellectual property rights; (iv) any Contribution posted, uploaded, or transmitted onto the IDIAP BEAT Platform; and (v) any other matters relating to the IDIAP BEAT Platform.
12.1. You may at any time cancel Your account and registration with the IDIAP BEAT Platform using the BEAT Contact Form.
12.2. IDIAP reserves is right at its sole discretion to terminate at any time Your access to or use of the IDIAP BEAT Platform, (i) in the event of a breach of these ToS; (ii) infringement of any third party’s rights, (iii) infringement of any applicable law, (iv) termination of the IDIAP BEAT Platform, or (v) if IDIAP is unable to authenticate any Contribution that You upload, post, transmit, or submit to the IDIAP BEAT Platform, which IDIAP chooses to verify.
12.3. Additionally, You acknowledge and agree that IDIAP may at its sole discretion and without liability to You, with or without cause, with or without prior notice and at any time:
- modify or terminate Your access to the IDIAP BEAT Platform;
- bar You partially or totally the access or the use of the IDIAP BEAT Platform;
- suspend or delete Your User account, Your Contribution, Profile Information and all related information and files; and
- bar Your access to any of such files.
Except if specifically provided otherwise, termination of Your access for any reason shall immediately terminate Your rights under these ToS (in particular but not limited to any license granted).
13.1. If any provision of these ToS is found to be partially or totally invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these ToS, which shall remain in full force and effect.
13.2. No waiver of any term of these ToS shall be deemed a further or continuing waiver of that or any other term.
14.1. These ToS are governed by the substantive laws of Switzerland, without giving effect to its conflict of laws principles.
14.2. In the event of any dispute arising out of or in relation with these ToS, You and IDIAP shall first endeavor to settle the dispute by way of amicable settlement. Then if after 30 days the dispute is not resolved, any claim, dispute, or legal action shall be resolved exclusively by the competent Courts of Canton Valais, Switzerland, save an appeal to the Swiss Federal Supreme Court.