Give A Hand

IMPORTANT – PLEASE READ BEFORE SUBMITTING AN IMAGE ON THE GIVE A HAND SITE:

The CONTRIBUTOR TERMS AND CONDITIONS include waiving all rights to the images, assigning full ownership of the images, and releasing us from any claims whatsoever. CONTENT GUIDELINES:
CONTENT MAY NOT INCLUDE ANY PERSONAL OR BIOMETRIC DATA. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL MEAN YOU AGREE TO WAIVE ALL RIGHTS TO CLAIM ANY VIOLATION OF YOUR RIGHTS RELATED TO SUCH. This means we don’t want to see your face, see any identifying information about you, or any other biometric or personal data when you submit pictures of your hands.
Content may not include any intellectual property rights of any third party, including pictures, posters, art work, etc. that may be in the background. We recommend you choose to take pictures of your hands against a blank backdrop free of pictures/images. If you have tattoos on your hands or arms, we recommend you cover them with tape for submitting your hand images.
PLEASE NOTE, that submission of Content does not guarantee your participation or our use of your Content in Give a Hand. We reserve the right to refuse or revoke your participation or contributions for any reason or no reason whatsoever without notice or explanation.

GIVE A HAND – CONTRIBUTOR TERMS & CONDITIONS

By accessing the GiveAHand.ai offered by Hello Monday (“Hello Monday,” “we,” “our” or “us”) in partnership with the American Society for Deaf Children (“ASDC”) to donate content created and submitted via GiveAHand.ai (“Content”), you acknowledge that you have obtained all necessary consents and permissions and agree to be legally bound by these Give a Hand Contributor Terms and Conditions (“Terms”). We may make amendments to these Terms at any time, which come into immediate effect after we post them here: https://giveahand.ai/terms.html. We are not collecting any user personal information, including contact information, from you in connection with your Content submission(s). Therefore, you are solely responsible for periodically reviewing this site for changes and updates to these Terms.

Give a Hand and Content.

Definitions. The following capitalized terms shall have the meaning as set forth below. Other defined terms shall have the meanings set forth where they are first defined

“Content” means any digitized photograph, video, illustration or other image of whatever nature which results from your use of the GiveAHand.ai (as hereinafter defined).

“Give a Hand Site” means the website developed and provided by Hello Monday which hosts GiveAHand.ai and maintains the Give A Hand Database.

“Give a Hand Database” means the compilation of digital images created via GiveAHand.ai and made available under the Creative Commons Attribution-ShareAlike 4.0 International.

“GiveAHand.ai” means Hello Monday’s tool comprised of an internet-based system for creating and collecting digital images of users’ hands which is hosted by Hello Monday and accessed by users on the Give a Hand Site. All content created and accepted by GiveAHand.ai will be stored on the Give a Hand Site and publicly accessible to view or download via the Give a Hand Database. GiveAHand.ai utilizes Hello Monday’s proprietary technology to tag images and prepare them for scientific, research, and development use, including but limited to third parties’ non-commercial and commercial use in the development of advanced machine learning models

Contributed Content. Acceptance and use of any Content in relation to Give a Hand, is at our sole discretion. We may at any time reject or delete Content for any reason and without notice to you. We make all Content available in the Give a Hand Database under the Creative Commons Attribution-ShareAlike 4.0 International. That means it’s public and we allow any person or entity the right to use all Content for any purpose under the law, including commercial purposes. Your participation in Give A Hand requires that you agree all Content will be subject to this license. You further acknowledge that we have the right to modify or terminate Give a Hand at any time, without notice or liability to any contributor.

Contributor’s Representations and Warranties. By submitting Content to Give a Hand, you represent and warrant:

that the Content:
complies with Give a Hand’s Content Policy, the requirements set forth in these Terms, and on the Give a Hand Site;
does not contain any biometric or personally identifiable information;
does not violate any third-party rights, including but not limited to, privacy and intellectual property rights;
does not include material which could constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, an unlawful description of violence, a violation of any intellectual property law or data protection laws;
are solely responsible for ensuring that Content does not contain biometric information or infringe on or otherwise violate any third-party rights;
the Content is a work made for hire created by you for Hello Monday (as further described below);
at the time of submission, nothing is nor will ever limit or restrict our ability to use or license the Content;
was not created in any place where photography for commercial gain is forbidden, e.g. some museums, art galleries and other public or private buildings or areas; and
complies with all applicable laws of the territory in which it was taken, including but not limited to all privacy and property laws.

that at the time you accessed the GiveAHand.ai, you:
are over the age of eighteen (18) and have the legal capacity to enter into these Terms;
are the sole user of the GiveAHand.ai in connection with the creation of the Content, have all rights necessary to agree to these Terms, and are authorized to grant the assignments and licenses herein;
are solely responsible for ensuring that Content does not contain biometric information or infringe on or otherwise violate any third-party rights;
will not receive financial compensation in relation to Content submitted to Give a Hand;
are solely and exclusively responsible for all Content that you submit and for any data that you store in connection with use of the GiveAHand.ai; will not to use the System for the purposes of uploading, posting, making available or in any other way processing Content or any information related to the Content: (x) in breach of any applicable law; (y) in a way that may or may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, an unlawful description of violence, a violation of any intellectual property law or data protection laws; or (z) in a way that may be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent; and
understand we do not and cannot review all Content uploaded and are not responsible for the Content.

3. Ownership. As the sole author of the Content, you hereby grant Hello Monday an exclusive, royalty-free, fully paid, freely transferrable, sublicensable, perpetual, worldwide, and irrevocable license to use, display, reproduce, and distribute the Content in connection its business for any use whatsoever, regardless of whether such use is for commercial or non-commercial purposes. You grant to Hello Monday and each of our Licensees the right to alter the Content including any cropping, manipulation, combining and creation of derivative Content, provided always that such alteration is not indecent, obscene, pornographic, defamatory or otherwise unlawful. Where the Content has been licensed to our Licensee in accordance with these Terms, you may not contact that Licensee for any reason pertaining to the use of the Content. In the event you become aware of any alleged copyright infringements in respect of the Content, you will: (i) first contact Hello Monday by emailing us at questions@giveahand.ai to check whether a permitted download or license has been made; and (ii) will not contact the user of the Content unless and until Hello Monday advises you that it will not be pursuing the alleged infringement in accordance with these Terms.

4. Work for Hire. You acknowledge and agree that any and all Content that may qualify as "work made for hire" as defined in the Copyright Act of 1976 (17 U.S.C. Sec. 101) is hereby deemed "work made for hire" for Hello Monday and all copyrights therein shall automatically and immediately vest in us. To the extent that any Content does not constitute "work made for hire," you hereby irrevocably assign to Hello Monday and its successors and assigns, for no additional consideration, your entire right, title, and interest in and to the Content and all intellectual property rights therein, including the right to sue, counterclaim, and recover for all past, present, and future infringement, misappropriation, or dilution thereof, and all rights corresponding thereto throughout the world.

5. Right to Use Likeness. You further acknowledge and agree that, as relates to the Content and your Submission, we have the right to use your likeness, image, or any other information for any use in connection with Give a Hand, without further consent or compensation to you.

6. Waiver of Rights. By submitting the Content, you waive any right to inspect or approve any use of the Content by Hello Monday. You also waive any moral rights you may have in the Content, including the right to be identified as the author or copyright owner of the Content.

7. Releases, Waivers, and Covenant Not To Sue. You represent and warrant that you are the only person depicted to any extent in the Content, you give your express consent to be photographed, and waive any right to compensation or other consideration in connection with the use of the Content, whether or not for a commercial purpose, by Hello Monday. Further, you release and covenant not to sue each of Hello Monday and its related third parties, including but not limited to affiliates, parent entities, subsidiaries, and licensees or ASDF (each a “Released Party”) with respect to any and all claims that you may have or hereafter accrue, against any of the Released Parties, that relate, directly or indirectly, to the Content, your use of the GiveAHand.ai , or otherwise relate to these Terms, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.

8. Limitation of Liability. Hello Monday will not be liable for any damages, losses, or expenses you incur arising out of or in connection with your use of the GiveAHand.ai or relating to the Content, including but not limited to any direct, indirect, incidental, or consequential damages.

9. Exclusivity. You will not enter into any license or disposal which conflicts with any license or rights granted by these Terms or by us pursuant to these Terms at any time following your submission of Content.

10. Governing Law; Binding Virtual Arbitration. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. Any unresolved dispute or controversy arising from or relating to these Terms shall be finally resolved by binding arbitration through the platform provided by New Era ADR, Inc. (https://neweraadr.com/) (the “New Era Platform”) in accordance with its rules and procedures for “Virtual Standard Arbitrations” by a professional neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under these Terms or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion.

11. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By submitting the Content, you acknowledge that you have read, understood, and agree to be bound by these Terms. Hello Monday reserves the right to modify or terminate Give a Hand or these Terms at any time, without prior notice.