The Human Codex Terms of Use

I. Terms of Use for The Human Codex

THIS A LEGALLY BINDING E-AGREEMENT BETWEEN YOU (referenced herein as “You/you” or “user” or “your” or “future generations”) AND The Human Codex, a limited company based in the United Kingdom (referenced herein as “The Human Codex”, “Our”, or “THC”), APPLIES EACH TIME YOU ACCESS OR USE OUR WEBSITE, http://www.thehumancodex.com (Also referred to as “Website”). For the purposes of this policy, THE WEBSITE will ALSO be referred to as “Service and Services”. THESE TERMS OF USE (“TOU”) SHOULD BE READ CAREFULLY BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE CONTENT (“THE HUMAN CODEX MATERIALS”) PROVIDED THROUGH THIS WEBSITE. ADDITIONALLY, THIS TOU ALSO INCLUDES OUR SEPARATE PRIVACY POLICY WHICH CAN BE ACCESSED ON OUR WEBSITE.

THE HUMAN CODEX IS WILLING TO ALLOW YOU TO USE OUR WEBSITE ONLY UNDER THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TOU CONTAINED HEREIN.  IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO THIS TOU, YOU AGREE TO IMMEDIATELY CEASE UTILIZING OUR SERVICES AND TO DELETE YOUR ACCOUNT ON OUR SERVICE.

Introduction

The Human Codex exists to provide the first ever, archival record of human history recorded of the people, by the people, and for the people. A user will be permitted to create their own history page (Codex) consisting of stories, documents, videos, and pictures for future generations to view.

License to use Service

The Human Codex is pleased to provide a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize our website as long as you comply with these TOU without restriction or limitation. Unless otherwise stated, The Human Codex owns the copyrights and trademarks published on this website, in our advertisements, and all other materials, including the uploaded documents, pictures, videos, and stories in your codex on http://www.thehumancodex.com.

Terms

This agreement is effective while you utilize our website and/or for as long as you permit us to archive your codex.

Restrictions

  • Notwithstanding the foregoing license grant, you may not translate, modify create derivative work(s) of, advertise, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, transfer mirror, exploit, frame rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, on our website to anyone for public use.  Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through this Service that is not expressly authorized for your use by expressed written permission.

Moreover, you may not:

  • utilize a “robot, “page scrape device,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Service or in any way reproduce or circumvent the navigational structure or presentation of this Service in order to obtain or attempt to obtain any of The Human Codexs’ Materials or any other information through any means not purposely made available through this Website;
  • attempt to gain unauthorized access to (a) any portion or feature of this Website, (b) any other systems or networks connected to this Website, (c) any THE HUMAN CODEX server, or (d) to any of the services offered on or through this Service, by hacking, password “mining,” or any other illegitimate or prohibited means;
  • scan, probe or test the vulnerability of this Service or any network connected to this Service, nor breach the security or authentication measures on this Service or any network connected to this Service;
  • trace,  reverse track, or seek to trace any information on any other user of or visitor to this Service,
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or THE HUMAN CODEX ’ systems or networks or any systems or networks connected to this Website,
  • use any software, device, or routine to interfere with (a) the proper working of this Service, (b) any transaction conducted on this Service, or (c) with any other person’s use of this Service,
  • forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to THE HUMAN CODEX  on or through this Service,
  • e-mail addresses, contact information, or other user or visitor information from this service; or
  • use this Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact THE HUMAN CODEX .

The Human Codex Basics

  • Basic Format: A user will be able to upload their stories, documents, photos, and videos. These personal items will be placed in an archival codex and held by The Human Codex for future generations to view.
  • Payment: No fees will be collected for uploading information into a personal codex.
  • Access: Only basic demographic information, names, and profile pictures will be permitted for access from viewers.
  • Future Access: Future generations attempting to view their family members’ codex will be required to submit proof of their relation.

Prohibited Use of The Human Codex

You agree, that by utilizing our services, you will not:

  • perform an illegal act with our service, use an alias name, use fake or forged information, use our service in an illegal manner, violate an existing copyright/trademark, utilize this service in contradiction to a court order or to upload pornographic or offensive material;
  • attempt to copy our service by creating your own, similar service within 10 years of utilizing our website;

Breaches of this TOU

Without prejudice to The Human Codex’s other rights under this TOU, if you breach or fail to abide by any portion of the Prohibited Use of The Human Codex (seen above) or any other provision of this TOU in any way, we may take such action as we deems appropriate to deal with the breach, including: suspending your access to this Website; prohibiting you from accessing this Service by blocking your IP address; contacting your internet service provider to request that they block your access to this Website; and/or bring legal proceedings against you. This is a legally binding agreement; therefore, we take these TOU very seriously and will initiate an action against you if you violate them.

Direction to Third Party Service

You give unlimited consent to being directed to a third party website and by having your information shared with a third party (as stated in our Privacy Policy). By agreeing to these terms, you also acknowledge that The Human Codex will not be responsible for the actions of any third party. Ultimately, you assume the risk by utilizing our website and the risk that your information may be shared with third parties.

No warranties

The Human Codex makes no representations or warranties in relation to this service or the information and materials provided herein and all services on this website are provided “as is.”

We also do not warrant that:

  • this website or its features will constantly be available, or available at all;
  • that future generations will utilize The Human Codex to learn about their family members;
  • that The Human Codex will preserve all codexes for future generations;
  • the information on this Service is complete, true, accurate or non-misleading; or
  • that family members are who they claim to be.

Full Limitation of Liability and Indemnity

BY ACCEPTING THESE TERMS OF USE, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR IMAGE, OR YOUR PROPERTY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE REASONABLE MECHANISMS TO SECURE AND PROTECT YOUR EQUIPMENT, YOUR INFORMATION, YOUR IMAGE, BECAUSE BY UTILIZING OUR WEBSITE YOU WAIVE YOUR RIGHTS AND ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THIS WEBSITE.

MOREOVER, YOU AGREE TO INDEMNIFY US AGAINST ANY AND ALL CLAIMS THAY MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE. YOU ACCEPT FULL RESPONSIBILITY FOR YOUR ACTIONS AND WILL MAINTAIN ALL COURT FEES, ATTORNEYS FEES, RELATED COSTS, AND WILL PAY ANY JUDGMENT LEVIED AGAINST THE HUMAN CODEX AS A RESULT OF YOUR USE OF THE HUMAN CODEX. You also expressly absolve and release us from any claim of harm resulting from claims or actions arising out of or as a result of your breach or violation of this TOU, or as a result of another userS’ breach or violation of this TOU, including but not limited to any violations of law and regulation as well as claims of INTELLECTUAL PROPERTY infringement (INCLUDING COPYRIGHT AND TRADEMARK INFRINGEMENT), misappropriation or violation of the rights of others AND THEIR IMAGE AND causeS beyond our reasonable control, including, but not limited to the failure of electronic or mechanical equipment or communication lines; computer viruses; unauthorized access; theft; operator errors; severe weather; earthquakes; or natural disasters, strikes, labor problems, wars, or governmental restrictions.

Additionally, WE will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this WEBSITE or any third party Services (we may direct you to): for any direct loss; for any indirect, special or consequential loss; for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; or for any emotional or physical harm that you may incur.

The Human Codex has an interest in limiting the personal liability of our Members and/or Employees. You agree that you will ALSO not bring any claim personally against The Human Codex, Our Members or Employees in respect of any losses you suffer in connection with this Service. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Service disclaimer will protect The Human Codex, Our Members, Employees, agents, partners, subsidiaries, successors, assigns and sub-contractors.

Exceptions

This TOU will not limit any warranty or exclude any warranty implied by law that it would be unlawful under UK Law to exclude or limit; and nothing in this TOU will exclude or limit the liability of The Human Codex in respect of any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Audit

We reserve the right to routinely audit your Codex and to remove any material we feel is inappropriate or not relevant to our mission.

Intellectual Property

  • By utilizing The Human Codex, you are releasing your rights of ownership to your profile and the contents you upload.
  • The Human Codex owns the copyrights to the writing on our website, the images on our website, and the trademark to our business name and logo. You agree that any use of these items without our permission will result in civil proceedings in which you will waive personal jurisdiction to proceed in the court of our choosing (seen below).
  • The Human Codex reserves the right to utilize your profile for advertising purposes in any way we deem reasonable.

Assignment

  • The Human Codex may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under this TOU without notifying you or obtaining your consent.
  • However, you agree that you may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the TOU under ANY circumstance.

Severability

  • Under the rare circumstance that a provision of this agreement is deemed unenforceable by the courts of the UK, the other provisions of this agreement will still remain in tact and you agree to abide by them

Entire agreement

These TOU constitute the entire agreement between you and The Human Codex in relation to your use of this Service, and supersedes all previous agreements, except for our Privacy Policy, in respect to your use of this Website.

Law and jurisdiction

These TOU will be strictly governed under the laws of UK; specifically, the jurisdiction of the courts of England.

Variation

The Human Codex may revise this TOU from time-to-time. Revised TOU will apply to the use of this Website from the date of the publication of the revised TOU on this siteweb. Please check this page regularly to ensure you are familiar with the most current version.

ASSENT

By continuing to utilize The Human Codex, you agree that these TOU are reasonable and you expressly agree to abide by them.

Contact Information

Feel free to ask us questions about our TOU, at: http://www.thehumancodex.com