Terms of Service
DataKind Beacon Service Terms and Conditions of Use
DataKind (the “Company”) has developed Beacon (available at the entry-point URL explorebeacon.org) (the “Site”). DataKind Beacon (“Beacon” or the “Service” or “Project”) is a resource to help service providers, planners, and community leaders better understand access to service & benefits gaps within their communities. Policymakers, city and county government, and community advocates can use Beacon to identify communities with the greatest need for interventions, target outreach efforts and resource allocation more effectively, advocate for policy changes based on data-driven insights, and measure the impact of interventions and track progress over time.
1. USE OF THE SERVICE
We will provide you with, and you desire to receive, access to the Service during the term of any applicable order for Services (“Order”), and subject to your compliance with the terms and conditions set forth herein (the “Terms of Use”). Your continued use of the Service evidences your agreement to be bound by these Terms of Use and constitutes a legally binding contract between you and the Company. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SERVICE.
2. MODIFICATION OF TERMS OF USE
We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting on the Site. We will take reasonable steps to notify you of any changes or modifications to the Terms of Use. Your continued use of the Service constitutes acceptance of any changes or modifications made by us to the Terms of Use.
The Company reserves the right to modify fees at any time for the applicable services upon notice to you. Any such modified fees shall be applicable for all Orders and renewals thereof after the date of such notice.
3. SITE USER CONDUCT
In order to access the Site and use the Services, you will need to select a login identification (“User Email”) and a user password (“User Password”) that is unique and entirely different from your User Email. You agree that you will never divulge or share your User Email or User Password with anyone for any reason. You agree not to allow anyone to access or use your user account or provide them with your login information to do so.
Submissions of data or commentary to the Site are subject to the Code of Conduct. The Company reserves the right to suspend privileges without notice for behavior that it deems not to be in concordance with the Code.
This site carries a Creative Commons (CC BY-SA 4.0) license, which permits re-use of DataKind content when proper attribution is provided. This means you are free to copy, display and distribute DataKind's work, or include our content in derivative works, under the following conditions:
Attribution: You must clearly attribute the work to DataKind Beacon, and provide a link back to explorebeacon.org.
ShareAlike: If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
CC BY-SA applies to Company Content only and excludes User Content and third-party content unless expressly labeled otherwise.
For the full legal code of this Creative Commons license, please click here. Please note that some content on this site is owned or co-owned by third parties, and may carry additional copyright restrictions. This is especially true for photos and illustrations — many images have been purchased from shutterstock.com and are licensed only for use on this site, while others carry different Creative Commons licenses that have been determined by their owners. We have made every effort to clearly label such content, regardless of type, but images should be approached with special care. If you have any questions about citing or re-using DataKind content, please contact us.
4. USER CONTENT; SHARING CONTROLS
4.1 Definition. “User Content” means data, files, text, images, commentary, metadata, and other materials you upload to or create within the Service.
4.2 Default Privacy; Your Choice to Share. By default, User Content is accessible only to you and those you expressly authorize within the Service. The Service may provide features that allow you to share User Content with other users or make it publicly accessible. Any sharing is initiated by you, at your discretion.
4.3 No Retroactive Effect. If you later change access settings or remove User Content, that change is not retroactive as to copies previously accessed, downloaded, or exported by others.
4.4 License to Company (Hosting Only). You grant Company a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and create incidental technical copies of your User Content solely to provide and support the Service. Company does not obtain ownership in your User Content.
4.5 Your Responsibility. You are solely responsible for your User Content, the accuracy thereof, and all decisions to share or disclose it. Company is not responsible for, and will have no liability arising from, any access to, use of, or onward sharing of your User Content by any third party to whom you grant access.
4.6 Consents and Rights. You represent and warrant that you have obtained all necessary rights, permissions, and consents to upload User Content to the Service and to enable the access you choose (including any required notices to, or consents from, individuals whose information may be included).
4.7 Prohibited Data (Unless a Separate Written Agreement Exists). You will not upload: (a) protected health information subject to HIPAA; (b) payment card data subject to PCI-DSS; (c) government-issued identifiers (e.g., SSNs) in unhashed form; (d) biometric identifiers; (e) precise geolocation data of private individuals; (f) student education records regulated by FERPA; or (g) any data that you are contractually or legally prohibited from sharing. Company may approve exceptions only via a separate, signed data processing or data sharing agreement that expressly references this Section.
4.8 No Confidentiality by Default. Unless a separate written confidentiality or data processing agreement is in place with Company, you agree not to upload content you consider confidential or trade secret.
5. ACCEPTABLE USE
You will not: (a) violate laws or rights of others; (b) attempt to gain unauthorized access to the Service or data of others; (c) upload malware or attempt to interfere with the Service; (d) misrepresent identity or affiliation; (e) de-identify or re-identify data in violation of law or applicable agreements; or (f) use the Service to publish or share content that is unlawful, harassing, defamatory, or infringes IP rights.
6. MODERATION; TAKEDOWN; REPORTING
6.1 Discretion. Company may remove or restrict access to any content (including User Content) and may suspend or terminate accounts for actual or suspected violations of these Terms or law.
6.2 Reporting. Report concerns to privacy@datakind.org.
6.3 Preservation. Company may preserve information and cooperate with lawful requests by authorities consistent with the Privacy Policy.
7. INTELLECTUAL PROPERTY RIGHTS
All content or other material available on the Site or through the Service, including but not limited to data, code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML, and files (collectively, the “Content”), are the property of the Company and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Company logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of the Company and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
8. NO PROFESSIONAL ADVICE
The Service provides information and tools for planning and analysis. It does not constitute legal, medical, financial, or other professional advice. Decisions based on the Service are your responsibility.
9. PRIVACY; DATA HANDLING
9.1 Privacy Policy. Use of the Service is subject to the Privacy Policy (linked on the Site), which describes how Company collects, uses, and safeguards information. For User Content, DataKind acts as a service provider/processor. For Company Content we publish, DataKind acts as a controller.
9.2 Processing Role. For User Content, Company acts as a service provider/processor to you. Where Company makes Company Content available, Company acts as a controller of that content.
9.3 Retention & Deletion. Company retains User Content consistent with the Privacy Policy and deletes or de-identifies it upon account closure or as required by law, subject to (i) backups and archival copies maintained for limited periods, and (ii) content already shared or exported by others.
10. WARRANTY DISCLAIMERS
THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT CONTENT WILL BE ACCURATE OR COMPLETE.
11. THIRD-PARTY SERVICES AND LINKS
The Service may reference or integrate third-party services. Company is not responsible for such services. Use is subject to their terms and privacy policies.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO COMPANY FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. USER-TO-USER SHARING. FOR AVOIDANCE OF DOUBT, COMPANY HAS NO LIABILITY FOR ANY ACCESS, USE, DISCLOSURE, OR ONWARD SHARING OF USER CONTENT BY ANY THIRD PARTY TO WHOM YOU GRANT ACCESS OR WITH WHOM YOU CHOOSE TO SHARE USER CONTENT.
13. INDEMNIFICATION
You will defend, indemnify, and hold harmless Company and its affiliates, and their directors, officers, employees, and agents, from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your User Content; (b) your use of or activities in connection with the Service; or (c) your violation of these Terms or applicable law.
14. TERM; SUSPENSION; TERMINATION
Company may suspend or terminate access immediately for violations or to protect the Service. Upon termination, rights granted to you terminate and Company may delete or disable access to User Content remaining in the Service, subject to legal holds and the Privacy Policy.
15. GOVERNING LAW; VENUE; CONTACT
These Terms are governed by the laws of the State of New York, without regard to conflicts of law. Exclusive venue lies in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction there.