IBM RESEARCH DiF DATASET TERMS OF USE

(updated April 02, 2019)

 

PART 1 - General Terms

 

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON THE "ACCEPT" BUTTON, OR OTHERWISE USING THE WEBSITE, YOU, AS “LICENSEE”, AGREE TO THESE TERMS OF USE AND CONFIRM THAT YOU, AS LICENSEE, ARE EIGHTEEN (18) YEARS OR OLDER*. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON THE "ACCEPT" BUTTON, OR USE THE WEBSITE.

 

* ACCESS TO THE IBM DIF DATASET IS NOT AVAILABLE TO ANYONE UNDER THE AGE OF EIGHTEEN (18).

 

These Terms of Use relate only to the IBM Research DiF Dataset; the images referenced in the IBM Research DiF Dataset are governed by other terms as detailed in Sec. 2 below.

 

PART 2

 

1. Definitions

"IBM" means International Business Machines Corporation, a New York Corporation, or its subsidiaries.

 

“IBM Research DiF Dataset” means the IBM Research Diversity in Faces (“DiF”) dataset to be used for non-commercial, research purposes only and in accordance with these Terms of Use, which includes a list of links (URLs) of Flickr images that are publicly available under certain Creative Commons Licenses (CCLs) and that are listed on the YFCC100M dataset (List of URLs) together with coding schemes aimed to provide objective measures of human faces, such as cranio-facial features, as well as subjective annotations, such as human-labeled annotation predictions of age and gender (“Coding Schemes Annotations”).  The Coding Schemes Annotations are attached to each URL entry.

 

“Website” means the IBM website, where Licensee can register and ask IBM for access to the IBM Research DiF Dataset.

 

 

2. Purpose

 

IBM provides Licensee with a limited, nonexclusive, nontransferable right to access the IBM Website in order to request access to the IBM Research DiF Dataset. Use of the IBM Research DiF Dataset is solely for non-commercial, research purposes.

 

IBM in its sole discretion may grant access to the IBM Research DiF Dataset. To help ensure that the IBM Research DiF Dataset is being disclosed to legitimate research institutions and/or researchers, who will be using the IBM Research DiF Dataset for research purposes, Licensee will be asked to fill in a questionnaire related to Licensee’s intended use. IBM, in its sole discretion, may deny initial access to the IBM Research DiF Dataset and may also terminate the right to use the IBM Research DiF Dataset, after access has been granted, if IBM has concerns regarding the intended use of the IBM Research DiF Dataset by Licensee.  

 

Results are not guaranteed. If granted access, we expect that Licensee’s use of the IBM Research DiF Dataset is treated with the highest standard of care, including in line with best practice ethical, data security and data privacy standards.

 

The IBM Research DiF Dataset includes the List of URLs of images hosted on Flickr that are listed on the YFCC100M as publicly available under CCLs.  Licensee’s use of the images (as opposed to the List of URLs) is governed by such CCLs, or by such other terms available on Flickr and/or YFCC100M. Licensee is solely responsible for determining what additional licenses, clearances, consents and releases, if any, must be obtained for its use of the images.

 

 

3. IP Rights

 

3.1 IBM owns all rights and title to all intellectual property of the portions of the IBM Research DiF Dataset and the IBM Website created by IBM.

 

3.2 IBM grants Licensee a limited, revocable, nonexclusive, nontransferable license for testing, training and solely for non-commercial, non-production and research purposes to: 1) access and use the IBM Website; 2) use the IBM Research DiF Dataset; all provided that:

 

  1. Licensee reproduces all intellectual property (IP) notices and other legends of ownership on each copy, or partial copy, of any IBM information downloaded from the site;
  2. Licensee shall not use any images that are no longer publicly available;
  3. Licensee shall not attempt to identify any individuals within the IBM Research DiF Dataset (unless required by law and with IBM’s prior written consent);
  4. Upon request from IBM or from any person who has rights to or is the subject of certain images, Licensee shall delete any URLs and associated annotations from the IBM Research DiF Dataset and cease use of any images associated with such URLs, all as specified in such request.
  5. Licensee grants to IBM a non-exclusive, irrevocable, unrestricted, worldwide and paid-up right, license and sublicense to: a) include in any product or service any idea, know-how, feedback, concept, technique, invention, discovery or improvement, whether or not patentable, that Licensee provides to IBM, b) use, manufacture and market any such product or service, and c) allow others to do any of the foregoing.

 

Licensee's right to access and use the IBM Research DiF Dataset is nontransferable.  Licensee may not share the IBM Research DiF Dataset with any other party and is responsible for any unauthorized access or use of its copy of the DiF Dataset.

 

 

4. Term and Termination

 

IBM may terminate these Terms of Use and Licensee’s access to the IBM Website and rights to use the IBM Research DiF Dataset at any time. Upon termination of these Terms of Use: (i) all licenses and rights granted to Licensee under these Terms of Use will end; and (ii) Licensee shall return or delete that IBM Research DiF Dataset, and upon written request from IBM, shall certify in writing to IBM that the IBM Research DiF Dataset has been returned or deleted.  

 

 

5. Charges

 

The parties will be responsible for their own costs and expenses related to these Terms of Use.

 

 

6. Licensee Personal Information

 

Please see our DiF Privacy Notice – IBM Research DiF Dataset, which provides details on how IBM processes personal information in the context of this research project. 

 

 

7. No Warranties

 

THE IBM RESEARCH DiF DATASET AND IBM WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND AND HAVE NOT BEEN EVALUATED FOR OPERATIONAL RELIABILITY OR ACCURACY OF DATA. IBM MAKES NO REPRESENTATION ON THE AVAILABILITY OF THE IBM WEBSITE AND THE IBM RESEARCH DIF DATASET.

 

The IBM Research DiF Dataset includes links (URLs) to images that are hosted on a website not operated by IBM. IBM is not responsible for the content, products, materials, or practices (including privacy practices) of such websites. IBM makes no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink or otherwise from the IBM Research DiF Dataset.

 

 

8. Limitation of Liability

 

IBM is not liable for any claim arising from Licensee’s use of the IBM Website and/or the IBM Research DiF Dataset. Licensee assumes all risks associated with the use of the IBM Research DiF Dataset. The risks include, but are not limited to, the risks of errors; intellectual property rights related to publicly available images; and unavailability or interruption of access to the IBM Website. Neither IBM nor its suppliers are responsible for the accuracy, completeness, timeliness, reliability, content or availability of the IBM Website and/or the IBM Research DiF Dataset.

 

UNDER NO CIRCUMSTANCES ARE IBM, ITS DEVELOPERS AND SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:

 

  1. LOSS OF, MISUSE, OR DAMAGE TO, DATA;
  2. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
  3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.

 

 

9. General

 

  1. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use remain in full force and effect.
  2. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation: 1) neither party will bring a legal action, regardless of form, for any claim arising out of or related to these Terms of Use more than one year after the cause of action arose; and 2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
  3. Neither Licensee nor IBM are responsible for failure to fulfill any obligations due to causes beyond its control.
  4. No right or cause of action for any third party is created by these Terms of Use, nor is IBM responsible for any third party claims against Licensee.
  5. Licensee may not terminate these Terms of Use, in whole or in part, without IBM's prior written consent. Any attempt to do so is void.
  6. Any terms of these Terms of Use that by their nature extend beyond termination of these Terms of Use remain in effect until fulfilled, and apply to both parties' respective successors and assignees.
  7. Both parties agree that all information exchanged is non-confidential. If either party requires the exchange of confidential information, it will be made under a signed confidentiality agreement. Accordingly, IBM will be free to use and disclose any information provided by Licensee to IBM for any purpose.
  8. Each party represents and warrants that it has, or will have, in place appropriate agreements with its employees or others whose services the party may require to enable it to comply with all the provisions of these Terms of Use.

 

 

10. Modifications to the IBM Research DiF Dataset and to these Terms of Use

 

IBM may make an update or modify the IBM Research DiF Dataset at any time without notice. At IBM’s request, Licensee shall delete from its possession a dated version of the IBM Research DiF Dataset and replace it with a newer version, as instructed by IBM.  The IBM Research DiF Dataset may never be made generally available. IBM may modify or discontinue any of the terms and conditions under which the IBM Research DiF Dataset is offered, at any time without notice.

 

 

11. Governing Law and Entire Agreement

 

These Terms of Use are governed by the laws of the State of New York and are the complete agreement regarding your use of and access to the IBM Website and the IBM Research DiF Dataset.