Terms of Use

Please read these Terms of Use ("Terms") carefully before accessing or using the Hatebase Services (as defined below), which consist of the hatebase.org website ("Site"), Hatebase's online tool regarding hate speech available through a web interface (the "Application"), the Hatebase API (as defined below), or the structured repository of regionalized, multilingual hate speech and other data and information provided by and made available by Hatebase through the Application and Hatebase API (the "Hatebase Data", and collectively with the Site, Application, and Hatebase API, the "Services"). These terms govern your access to and use of the Services and contain important information about User's (as defined below) legal rights, remedies, and obligations. The Services are intended for organizational, commercial, and research use and are not intended for use by consumers or for personal, household, or family use.

These Terms are between User (as defined below) and Hatebase Inc. ("Hatebase," "we," "us," or "our"), and by accessing or using the Services or clicking to accept these Terms you agree on behalf of any organization which you represent, to be bound by these Terms, or if you are not formally affiliated with any organization, you agree on your own behalf to be bound by these Terms (such individual, organization, or entity agreeing to these Terms, "User"). If you represent an organization, you represent and warrant to Hatebase that you have the authority to bind your organization. These Terms are effective on the earlier of the date: (a) User first accesses or uses the Services; or, (b) you click to accept these Terms ("Effective Date"). You acknowledge that you have read our privacy policy available at hatebase.org on your own behalf and on behalf of User (the "Privacy Statement").

Hatebase may make changes to these Terms from time to time. Changes to these Terms will become effective on being posted on the Site. User's continued use of the Services constitutes acceptance of the Terms as amended. If User does not agree with the amended Terms User must stop using the Services. Please read these Terms carefully. The Services are not intended for use by anyone under the age of 13; if you are under the age of 13, you may not use the Services.

Hate speech is by its nature offensive, and User acknowledges that the Hatebase Data may be troubling, vulgar, hateful, or offensive, and that Hatebase assumes no liability, and User expressly releases Hatebase of all liability, for the content of the Hatebase Data.

Where provided, "layperson's language summaries" are for convenience only. These summaries are not legally binding. Please read the entire Terms, including any documents referred to in these Terms, for a complete representation of your legal requirements.


Article 1: Access to Services

1.1 Access to the Services and Use of the Services

Hatebase makes the Services available as set out in these Terms and User may access the Services only as made available by Hatebase. To access and use certain portions of the Services, for example the Application and Hatebase Data, User must sign up for an Account by providing User's full legal name, a valid email address where Hatebase may contact User, and any other information required by Hatebase, and User must be approved by Hatebase to access such portions of the Services, including the Application and Hatebase Data (each such approved user, an "Approved User"). User may only use the Services as expressly permitted in these Terms.

IN OTHER WORDS:

Access to some areas of Hatebase and/or our data require account registration, and access to our API requires an approved plan. You must provide your real name and email address during registration.

1.2 Access to the Hatebase Data

1.2.1 Hatebase provides the Hatebase Data in a format determined by Hatebase. User may only access the Hatebase Data by creating an Account and using the Application, or the Hatebase API and User's API Key, to access the Hatebase Data.

1.2.2 User may only use the Hatebase Data as set out in these Terms, in compliance with the Data License, and only as made available by Hatebase to User. User shall provide at its own expense all communications and other information technology equipment and services necessary for User to access and use the Hatebase Data.

1.2.3 User may only use the Hatebase API with User's API Key. Where Hatebase provides User with an API Key, User may not disclose its API Key to any third party and may not permit any third party to use its API Key or otherwise access the Hatebase Data using its API Key, and User shall immediately notify Hatebase of any such actual or reasonably suspected disclosure, use, or access. User is solely responsible for all use of its API Key.

IN OTHER WORDS:

You may only access Hatebase or our data using your own account and/or API key. You may not share your account or API key, or use another user's credentials. If your account or API key is compromised, it is important that you immediately notify us so that we can limit the impact of the breach.

1.3 Changes to the Services and content of the Hatebase Data

User acknowledges that: (a) Hatebase may choose to discontinue the Services at any time, including the Hatebase Data and any part of the Hatebase Data, and may make changes to the Services at any time, including to the content and the format of the Hatebase Data; and, (b) Hatebase determines the content of the Hatebase Data in its sole discretion.

IN OTHER WORDS:

Although we try to make our technology backwards-compatible, sometimes changes are necessary. We try to be transparent when changes occur, e.g. API and HateBrain versioning on GitHub.

1.4 Protection of the Hatebase Data

User shall protect and safeguard the Hatebase Data and Hatebase Materials by implementing, maintaining, and enforcing appropriate administrative, technical, logical and physical safeguards to protect the security, confidentiality, and integrity of the Hatebase Data and Hatebase Materials.

IN OTHER WORDS:

You must protect your our data from unintended disclosure. Failure to do so can result in termination of your access or more serious liabilities.

1.5 User Responsibilities

1.5.1 User is solely responsible for:

(a) its use of the Services and for ensuring that User's use of the Services complies with these Terms and all applicable laws;

(b) any decisions based on the Hatebase Data, including evaluating whether the Hatebase Data is suitable for User; and,

(c) the results of using the Hatebase Data.

1.5.2 User must only use the Hatebase API in accordance with the Documentation, as modified by Hatebase from time to time.

1.5.3 User will not do or attempt to do any of the following:

(a) access or use, or permit any third party to access or use, the Services except as expressly permitted herein;

(b) sell access to the Services, including by incorporating the Hatebase Data into other products, services, or data;

(c) frame, mirror, redistribute, resell, or make available to any third party the Services, including any part of the Hatebase Data;

(d) use the Services to violate, or encourage the violation of, the legal rights of others;

(e) use the Services for any unlawful, invasive, infringing, defamatory, obscene, threatening, hateful, or fraudulent purpose;

(f) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, or access for a purpose that is competitive to Hatebase any part of the Services, or sell, resell, rent, or lease the Services;

(g) interfere with or disrupt the integrity or performance of the Services or any Hatebase systems, or place any disproportionate load on the Services infrastructure or any Hatebase systems;

(h) provide false information to Hatebase, or information which is defamatory or libelous;

(i) use the Licensed Data or Hatebase API to advocate political positions or opinions;

(j) attempt to gain unauthorized access to the Services or Hatebase systems and their related systems or networks; or

(k) use or knowingly permit the use of any security testing tools in order to probe, scan, or attempt to penetrate or ascertain the security of the Services.

(the "Usage Restrictions")

IN OTHER WORDS:

You are responsible for your use of Hatebase, regardless of whether you access Hatebase using automation. Violating any of our usage restrictions imperils our ability to provide service to all our users, and can result in termination of your account or more serious liabilities. Please read this section very carefully so that you're clear on what's disallowed.

1.6 User's Account

User is solely responsible for all use of the Services made using User's Account, regardless of the identity of the person making such use. Hatebase shall have no responsibility or liability in connection with any unauthorized use of User's Account by persons other than User. User shall comply with all applicable laws in connection with User's use of the Services.

User shall ensure that it assigns appropriate passwords to its Account and shall keep such passwords secure. User acknowledges that Hatebase is unable to retrieve lost or forgotten passwords. User shall: (i) notify Hatebase immediately of any unauthorized use of any password or Account or any other known or suspected breach of security with respect to its Account; and, (ii) not impersonate another person or provide false identity information to gain access to or use the Services. In addition to its other remedies, Hatebase may immediately remove or suspend any Account affected by the activities described in the foregoing (i) or (ii).

IN OTHER WORDS:

You are responsible for securing your account and your access to Hatebase data, and you must notify us of any disclosure. Use a strong password that you don't use elsewhere and don't share with others. Breaches of security, intended or otherwise, can have serious consequences for everyone.

1.7 Submissions

User may make submissions to Hatebase through the Site and Application regarding new or existing entries in the Hatebase Data ("Submissions"). Hatebase may, but is not obligated to, use and disclose any Submission for any purpose, including incorporating the Submission into the Hatebase Data. User agrees to assign any rights of any kind in Submissions to Hatebase.

User acknowledges that Hatebase assumes no liability for the Submissions or the submissions of third parties, and User expressly releases Hatebase of all liability in connection with the Submissions or the submissions of third parties.

IN OTHER WORDS:

Hatebase contains information provided by our staff, partners, users and other parties. Although we strive to ensure accuracy, we cannot guarantee that our content moderation is 100% accurate, since we rely on crowdsourcing.


Article 2: Data License

2.1 Limited License to the Hatebase Data

2.1.1 Subject to these Terms (including User's compliance with the Usage Restrictions and the attribution requirements in Section 3.1.2) and only so long as User is an Approved User, Hatebase hereby grants to User a non-exclusive, non-transferrable, revocable, non-assignable license to access and use and to create temporary copies of the Hatebase Data, solely as made available to User by Hatebase, solely for User's internal, non-commercial use (the "Data License").

IN OTHER WORDS:

You may only use our data for non-commercial purposes, and you may not share or redistribute that data.

2.1.2 Unless Hatebase has permitted User to use the Hatebase Data without attribution pursuant to a Data License Agreement signed by Hatebase and User, User shall attribute the Hatebase Data to Hatebase in connection with: (a) any work or publication authored, commissioned, or owned by User where the Hatebase Data is referenced in such work or publication, or was referred to in the creation of such work or publication; (b) any public appearance that references the Hatebase Data; and, (c) any use of the Hatebase Data in connection with a publicly available or published work. Attribution shall consist of the words "Data provided by Hatebase (hatebase.org)".

IN OTHER WORDS:

You must attribute any use of Hatebase data.

2.1.3 Unless stipulated otherwise within a Data License Agreement signed by Hatebase and User, User shall grant Hatebase the right to display the name, logo and website link of the User's organization within the Application.

IN OTHER WORDS:

Organizations whose users register on Hatebase allow Hatebase to display that organization on the Hatebase website. Hatebase will not display any information on the individual user.

2.1.4 Except for the Data License, User shall have no other rights to use the Hatebase Data, the Hatebase API, or any other information provided by Hatebase. User shall not use or copy the Hatebase Data, or any information derived from the Hatebase Data (including Derived Information), except as expressly permitted by the Data License. For clarity, Hatebase retains all rights, title, and interest in and to the Hatebase Data, Hatebase API, and Hatebase Materials.

IN OTHER WORDS:

This document outlines how you can use Hatebase data. You may not use our data in ways not defined within this document.


Article 3: Ownership and Intellectual Property

3.1 Ownership of Hatebase Data and Hatebase Materials

User acknowledges that as between the parties, Hatebase owns all right, title, and interest in and to the Services and the Hatebase Materials. User shall not take any action that is inconsistent with such ownership of the Services and the Hatebase Materials, and agrees that nothing in these Terms, and no use of the Services or Hatebase Materials by User pursuant to these Terms, shall vest in User, or be construed to vest in User, any right of ownership in or to the Services or Hatebase Materials.

IN OTHER WORDS:

All information provided to Hatebase, regardless of its provenance, becomes the property of Hatebase.


Article 4: Confidentiality

4.1 Confidential Information

"Confidential Information" means any information provided by Hatebase to User and includes the Hatebase Materials, the Hatebase Data, the API Key, and any information or data derived from the Hatebase Data including Derived Information. Except with respect to Hatebase Data, Confidential Information does not include any information which, at the time of disclosure or thereafter, is generally available to and known by the public (other than as a result of a breach by User of these Terms), or was independently available on a non-confidential basis from a source other than Hatebase and whose disclosure does not, to the knowledge of User after reasonable inquiries, constitute a breach of any duty of confidentiality owed to Hatebase.

4.2 Use of Confidential Information

User agrees:

(a) not to use any Confidential Information for any purpose other than as permitted under these Terms;

(b) to keep confidential all Confidential Information, and not disclose in whole or in part any Confidential Information, other than as expressly contemplated herein, without the prior written consent of Hatebase; and,

(c) to only disclose Confidential Information:

(i) to Representatives who (A) need to know the Confidential Information in the course of the performance of their duties, (B) are informed of the confidential nature of the Confidential Information; and, (C) who have entered into appropriate written agreement to keep the Confidential Information confidential; and,

(ii) if compelled pursuant to a court order or other legal process, provided that Hatebase shall first have the opportunity to request an appropriate protective order.

4.2.2 For clarity, User shall be responsible for any breach of this Article 6 by its Representatives.

4.3 Standard of Care

User agrees to use the same measures to maintain and safeguard the confidentiality of the Confidential Information of Hatebase as it uses for its own confidential information, and in no event will it protect the Confidential Information of Hatebase with less than reasonable care as a careful and prudent business person would use to protect its own highly confidential information from unauthorized disclosure.

4.4 Acknowledgements

User acknowledges that, as between the parties, Hatebase's Confidential Information is the property of Hatebase. User acknowledges that the Hatebase Confidential Information is highly valuable to the interests, business, and affairs of Hatebase, and that disclosure by User of Hatebase Confidential Information other than as permitted under these Terms would be detrimental to Hatebase.

IN OTHER WORDS:

If, as part of our relationship with you, we share confidential information, you are bound to respect that confidentiality and employ a reasonable standard of security.


Article 5: Term and Termination

5.1 Term

These Terms are effective on the Effective Date and continue until terminated as set forth in this Article 6 (the "Term").

5.2 Termination by Hatebase

Hatebase may terminate these Terms at any time and for any reason immediately without any liability to User.

IN OTHER WORDS:

Hatebase reserves the right to discontinue access to its platform.

5.3 Termination by User

User may terminate these Terms at any time by deleting their Account and ceasing to use the Services.

5.4 Termination by Either Party

Either party may terminate these Terms if the other party: (a) fails to cure any material breach of these Terms within 30 days after written notice of such breach; or, (b) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party and not dismissed within 30 days thereafter.

IN OTHER WORDS:

You may request closure of your account at any time.

5.5 Effect of Termination

On termination of these Terms:

(a) User shall cease use of the Services;

(b) the Data License shall terminate, and User shall immediately cease any and all use of the Hatebase Data and the Hatebase Materials;

(c) User shall destroy all copies of the Hatebase Data and Hatebase Materials and so certify to Hatebase in writing; and,

(d) User will return to Hatebase all Confidential Information, in whatever form it may exist, and all copies thereof, or, as directed by Hatebase, destroy such Confidential Information and if so requested, must certify in writing to Hatebase it has done so.

5.6 Suspension

In addition to its other rights under these Terms, Hatebase may suspend or terminate User's access to the Services in order to: (a) prevent damage to or degradation of the Services or harm to any user of the Services; (b) prevent the disclosure of any Hatebase Data; or (c) comply with any applicable law, court order, or other governmental request or order.

IN OTHER WORDS:

Upon termination or suspension of your account, you must cease use of Hatebase, destroy any working data and return any confidential materials provided to you.


Article 6: Representations and Warranties

6.1 Representation and Warranties of User

User represents, warrants, and covenants to Hatebase that it will comply with all laws, rules, and regulations applicable to it with respect to its use of Services.

IN OTHER WORDS:

You will use Hatebase in a legal manner.

6.2 Disclaimer of Warranties and Conditions

Hatebase provides the Services on an "AS IS" basis and User acknowledges that all access to, use of, or reliance on the Services is at User's sole risk.

Hatebase makes no, and actively disclaims any, condition, representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or the Hatebase Materials. All conditions, representations, guarantees, and warranties regarding the Services or Hatebase Materials, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, or non-infringement of third party rights, or those arising from a course of dealing or usage of trade, are hereby expressly disclaimed by Hatebase to the maximum extent permitted by applicable law. Without limiting the foregoing, Hatebase makes no warranty that the Services will be error free, will function without interruption, or will meet any requirements or User's expectations. To the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the statutorily required warranty period.

IN OTHER WORDS:

Hatebase has no legal obligation to provide our services or to maintain a certain standard of accuracy or uptime.


Article 7: Indeminification and Limitation of Liability

7.1 Indemnification by User

User shall indemnify, defend, and/or settle and hold harmless at its own cost Hatebase Releasees (as defined below) from any losses, damages, expenses, or any third party claims, causes of action, proceeding, or suits:

(a) which arise, directly or indirectly, out of User's use of the Services, Submissions, or the Hatebase Materials; or

(b) arising from User's breach of these Terms.

7.2 Limitation of Liability

Hatebase, its corporate affiliates, and its third party contractors, and the employees, directors, officers, agents, and representatives of Hatebase, its corporate affiliates, and its third-party contractors ("Hatebase Releasees") shall not be liable for: (i) any cost of cover or analogous costs related to the procurement of replacement services; or, (ii) any loss of use, lost data, loss of profits, damage to reputation, interruption of business, or any indirect, special, incidental, exemplary, punitive, or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance.

The maximum aggregate liability of Hatebase Releasees under these Terms or in connection with these Terms shall in no event exceed CAD $25. Such damages shall be the full extent of liability of Hatebase Releasees under or in connection with these Terms, regardless of the form in which any such legal or equitable claim or action may be asserted against Hatebase Releasees, and shall constitute the User's sole remedy under these Terms.

IN OTHER WORDS:

Hatebase is not responsible for your use of our services.


Article 8: General

8.1 Remedies

The parties agree that in the event:

(a) User breaches its obligations under Article 6; or,

(b) User breaches the Data License;

Hatebase shall suffer irreparable harm for which damages may be an inadequate remedy, and therefore, Hatebase shall be entitled, in addition to such other remedies it may have, to preliminary and permanent injunctive relief without proof of any actual damages that have been or may be caused to it by such breach and notwithstanding that damages may be readily quantifiable (provided the other party otherwise establishes its right to such injunctive relief) and the breaching party agrees not to plead sufficiency of damages as a defence in the proceeding for such injunctive relief brought by the other party.

8.2 Choice of Law and Forum

These Terms and User's use of the Services, and all disputes pertaining to or arising from these Terms or the Services, shall be governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without reference to its choice of laws principles. The parties irrevocably submit to the jurisdiction of the Ontario and federal courts in Toronto, Ontario, with respect to any matter pertaining to or arising from these Terms or the Services.

8.3 Notices

Hatebase may provide notices to User electronically, including by posting any notice on the Site or emailing notice to the email address associated with User's Account. Any notice to be made or given hereunder by User to Hatebase shall be in writing and shall be forwarded at the address set out below or such revised address as Hatebase may, from time to time, designate. User shall give notice by email, effective at the time of transmission if transmitted during Hatebase's regular business hours and otherwise effective at the commencement of business on the next business day.

Hatebase Inc.
supporthatebase.org

8.4 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms: (i) if and to the extent such delay or failure arises, with respect to a party, from any event or circumstance, regardless of whether it was foreseeable, that was not caused by that party; and (ii) provided the non-performing party is without fault and the delay or failure could not have been prevented by reasonable precautions or reasonable efforts (a "Force Majeure Event"). On or during a Force Majeure Event, the non-performing party is excused from further performance for as long as the Force Majeure Event persists and the party continues to use commercially reasonable efforts to recommence performance and mitigate the impact of its non-performance. Upon the occurrence of a Force Majeure Event, the non-performing party shall promptly notify the other party of the occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. During a Force Majeure Event, the non-performing party shall use reasonable efforts to resume its performance under these Terms.

8.5 Assignment

Neither these Terms nor any rights, licenses, or obligations hereunder may be assigned by User without the prior written consent of Hatebase, provided such approval shall not be unreasonably withheld or delayed. Hatebase may assign these Terms to a corporate affiliate or in connection with a merger or other change of control of Hatebase, or the sale of all or substantially all Hatebase's assets. Any attempted assignment in violation of these Terms shall be void and without effect. Subject to the foregoing, these Terms will benefit and bind the parties' successors and assigns.

8.6 Survival

Article 4 (Ownership and Intellectual Property), Article 5 (Confidentiality), Section 6.5 (Effect of Termination), Section 7.1 (Representation and Warranties of User), Article 8 (Indemnification and Limitation of Liability), and Article 9 (General) shall survive the termination of these Terms. Those provisions of these Terms that by their terms survive, or by their nature are intended to survive the termination of these Terms, will survive any termination hereof and remain in full force and effect.

8.7 Language

The parties have required that these Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y attachent soient rédigés en langue anglaise.


Article 9: Interpretation

9.1 Definitions

In addition to the words and phrases defined elsewhere in these Terms, the following capitalized words and phrases shall have the following meanings:

9.1.1 "Account" means the Hatebase account that User creates using the Site that allows User to access the Application and Hatebase Data, and includes User's API Key.

9.1.2 "API Key" means the unique digital key that Hatebase assigns to User to allow User to use the Hatebase API to access the Hatebase Data.

9.1.3 "Documentation" means the documentation for the Hatebase API and Licensed Data, and any other documentation made available by Hatebase to Licensee and to Hatebase's other licensees, as may be updated by Hatebase from time to time.

9.1.4 "Hatebase API" means the application programming interface that Hatebase makes available to User and other users to access the Hatebase Data.

9.1.5 "Hatebase Materials" means: (a) all materials and documentation provided by Hatebase, including the Documentation; and (b) all materials and documentation related to the Hatebase Data.

9.1.6 "Representatives" means the accounting and legal professionals, engineers, advisors, agents, representatives, employees, officers, or directors of a party.

Updated on September 1, 2019