Terms of Use

Last updated: November 27, 2020

1. GENERAL INFORMATION

1.1 Stiftelsen Gapminder is a Swedish foundation registered at Stockholm County Administration Board (Sw. Länstyrelsen Stockholm) with Reg. No. 802424-7721 (“Gapminder”). These terms of use govern subscription to and use of the websites that Gapminder operates (collectively, the websites to which these terms apply, the “Websites”), including the products and services provided through the Websites (collectively, the “Services”). The Websites include all the websites operated at www.gapminder.org and http://upgrader.gapminder.org   collectively, together with all sub-domains thereof.

1.2 For information about how Gapminder processes Your personal data, please see Gapminder’s Privacy Policies.

1.3 Unless otherwise agreed in writing with Gapminder, Your (as defined below) use of any Website or Service will always be subject to, at a minimum, the terms and conditions set out in this document (the “Master Terms”).

1.4 Your use of any Website or Service may also be subject to supplementing terms applicable to the Website or Service (the “Additional Terms”). Where Additional Terms apply to a Website or Service, these will be accessible for You to read on that Website or in that Service. If there is a contradiction between any applicable Additional Terms and the Master Terms, the Additional Terms shall prevail.

1.5 The Master Terms and any Additional Terms (collectively referred to as the “Terms”) form a binding legal agreement between Gapminder and the party on whose behalf they are accepted (“You”) in relation to Your use of the Websites and the Services.

2. ACCEPTANCE OF THE TERMS

2.1 By accessing or using the Websites and Services You accept the Terms.
2.2 If You are accepting the Terms on behalf of a legal entity, You confirm that You have the right, authority and capacity to bind such entity and its affiliates to the Terms. If You do not have such authority, or if You do not accept to follow the Terms, do not access the Websites or use the Services.

2.3 By using the Website and Services, You confirm that You are 18 years old or older and may enter into a binding contract with Gapminder. If You are under 18 years of age but over 13 years of age, You may enter into a binding contract with Gapminder provided that You have the consent of Your parent(s), legal representative or guardian. Gapminder reserves the right to request written confirmation of such consent. If You do not meet these requirements, You must not access or use the Website or Services.

3. CHANGES TO THE TERMS

3.1 Gapminder reserves the right to change, remove, or otherwise modify the Terms. In that case, Gapminder will inform You of such changes. The information may for example be made available to You through a notice on the Website and indicate the date of revision. We encourage You to once in a while review the Terms to ensure that You are aware of any changes to them.

3.2 All new and/or amended Terms take effect as soon as Gapminder has provided information on such changes. If Gapminder considers the changes made to be material, however, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website or in the applicable Service.

3.3 Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between You and Gapminder that arose prior to the effective date of any modification and, (ii) if You do not accept any modification to the Terms, You may terminate this agreement by ending Your usage of the Websites and Services. Your continued use of any Website or Service after a notice has been issued on new and/or revised Terms is seen as confirmation that you accept the new and/or revised Terms. If you do not accept the amended Terms, you must not continue to use the Website or Service.

4. PROVISION OF THE WEBSITES AND SERVICES GENERALLY

Gapminder makes the Websites and Services available to You on the Terms. You may only use the Websites and Services for lawful purposes and in accordance with the Terms, and any other conditions or notices that are made available on any Website or Service.

5. LOCATION OF THE WEBSITES AND SERVICES

5.1 The Websites and Services are controlled and offered by Gapminder from its facilities in Sweden. Gapminder makes no representations that the Websites or Services are appropriate or available for use in other jurisdictions. If You are accessing or using any Website or Service from other jurisdictions, You do so at Your own initiative and You are responsible for complying with applicable laws.

5.2 Notwithstanding the foregoing, the Websites may contain or provide links to Content (defined in Section 8, below) hosted on websites located outside of Sweden.

6. USER CONDUCT

6.1 Users are not allowed to use the Websites or Services to:

(a) Post, use or transmit Content that You do not have the right to post or use, for example, under intellectual property laws, confidentiality or privacy undertakings;

(b) Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;

(c) Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;

(d) Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of Your obligations to any person or contrary to any applicable laws and regulations;

(e) Intimidate or harass another;

(f) Use or attempt to use another’s account, service, or personal data;

(g) Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;

(h) Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;

(i) Use any means to bypass or ignore robot.txt, or other measures Gapminder use to restrict access or use of the Websites or Services;

(j) Impersonate another person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or

(k) Post or transmit any personal data about persons under 13 years of age.

6.2 In addition, You may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.

7. TERMS RELATING TO CONTENT ON THE WEBSITES AND SERVICES

7.1 You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively “Content”) which You may have access to as part of, or through Your use of, the Websites and Services is the responsibility of the person from which such Content originated. This includes statements that a person may make, expressed or implied, about the provenance and ownership of Content that they supply, upload, list and/or link to.

7.2 Gapminder does not make any representations or warranties about the Content, including but not limited to, the accuracy, integrity or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, You may be exposed to Content that is offensive, indecent or objectionable. Gapminder does not endorse or support any Content posted by You or any other third party on or through the Websites or Services. You acknowledge that Gapminder is not liable in any way for any Content, to the extent permitted under applicable law, including but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services. The foregoing does not, however, restrict Gapminder’s potential information obligations under applicable mandatory law.

7.3 Gapminder Content: All Content (other than computer software) owned by Gapminder and made available by Gapminder on the Websites or through the Services is licensed under the Creative Commons Attribution-NonCommercial 4.0 International Public License (the “License”), unless marked otherwise. If computer software owed by Gapminder is made available through the Websites or Services, You are hereby granted a limited, non-exclusive, revocable license to use such Content solely for accessing and using the Services and Websites.

7.4 Third Party Content: Third Party Content and Third Party Websites (as defined in Section 8) that Gapminder links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs, embedded videos and news feeds, are subject to the license terms accompanying such Content. For Third Party Content and Third Party Websites that Gapminder supplies, as a courtesy Gapminder will take reasonable steps to clearly mark any such Third Party Content or Third Party Websites that are not licensed under the License; provided, however, that Gapminder cannot and does not make any guarantee or warranty whatsoever about the license terms of Third Party Content or Third Party Websites and provides all such information as-is. You should always verify the license applicable to any such Content before use.

7.5 Content you provide: You may only submit Content to the Websites through the Services produced by You or a third party that is licensed under the License, is not copyrightable, or is in the public domain. For the avoidance of doubt, You hereby confirm that no Content submitted, posted or otherwise shared by You on or through any of the Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contains libellous, defamatory or otherwise unlawful material.

If You provide Content that is produced by You (“Your Content”) on the Websites or through the Services, You retain the copyright to Your Content. You must not provide Content that is protected by copyright if it is not licensed under the License. For the avoidance of doubt, You may otherwise license Your Content on any terms or no terms at all, but upon uploading or supplying such Content protected by copyright to Gapminder on the Websites or in connection with the Services, You are licensing Your Content under the License in addition to any such other license that may apply to Your Content. You shall designate Gapminder to receive attribution as a publisher of Your Content under the License.

7.6 Removal of Content: Gapminder may but is not, unless required under mandatory law, obligated to review Your submissions. Gapminder may without notice delete or remove any Content in its sole discretion that Gapminder determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. You alone are responsible for creating backup copies and replacing any Content You post on the Websites or Services, and You authorize Gapminder to make copies of Your Content as we deem necessary in order to facilitate the posting of Your Content on the Websites or Services.

You may request the removal of Your Content from the Websites or Services at any time. Gapminder will take reasonable steps to promptly remove Your Content; provided, however, that Gapminder can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where You may post Content, or others’ computers, such as Content You may have sent to others in an email posted to a Gapminder email list. If You choose to remove Your Content, the License (see Section 7.5) will remain in full force and effect in accordance with its terms.

7.7 Use of Content on the Website or Services: You confirm that You will use any and all Content You find on the Websites or Services in accordance with the terms of the license applicable to that Content and attribute it in the manner specified by the author or licensor. By using the Websites or Services, You agree that You are solely responsible for Your use of any and all Content made available thereon. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, You acknowledge that You may not rely on any Content made available on the Websites or Services without Your own independent evaluation of that Content. Gapminder does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third party.

8. THIRD PARTY WEBSITES AND CONTENT; LINKS

The Websites or Services may contain links to websites not controlled by Gapminder (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Gapminder (“Third Party Content”). You acknowledge that Gapminder, to the extent permitted under applicable law, (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.

9. PARTICIPATING IN OUR MOVEMENT; REGISTERED USERS

9.1 As used in these Master Terms, “Registered User” means a person who has registered and obtained an account on one of the Websites. In order to become a Registered User of an account on any of the Websites the following terms must also be met by You.

9.2 You must be over 18 years of age and fully competent to enter into and comply with the terms and conditions set forth in the Terms. If You are under 18 years of age but over 13 years of age, You may register with the consent of Your parent(s), legal representative or guardian. Gapminder reserves the right to request written confirmation of such consent. By registering for an account on any of the Websites or using the related Services, You confirm that You (1) are at least 18 years old or, (2) are over the age of 13 and have the consent from a parent, legal representative or guardian to become a Registered User and use the Services made available to Registered Users, and You further agree to comply with the terms and conditions of the Terms.

9.3 Your account is personal, non-transferable and subject to these Terms as well as any other applicable rules, regulations, policies, and procedures adopted by Gapminder.

9.4 Services offered to Registered Users are provided subject to the Terms. Gapminder reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. Gapminder disclaims any and all liability to Registered Users and third parties in the event Gapminder exercises its right to modify or discontinue user accounts or related Services.

9.5 Registration, Security; You agree to (a) provide accurate, current and complete information about You, to complete the registration process on any of the Websites, (b) maintain the security of Your password(s) and identification, (c) maintain and update Your registration information and any other information You provide to Gapminder, and to keep it accurate and complete to, among other things, allow us to contact You, and (d) be fully responsible for all use of Your account and for any actions that take place using Your account. You may not subscribe to a list, set up an account or membership on behalf of another individual or entity unless You are authorized to do so.

9.6 No Membership in Gapminder;  Becoming a Registered User or using any of the related Websites or Services does not make You a member, shareholder or affiliate of Gapminder for any purposes whatsoever, nor shall You have any of the rights of statutory members.

9.7 Gapminder may, at any time: (a) modify, suspend or terminate the operation of or access to Your user account for any reason, including the situation where Gapminder has reasonable grounds for considering that You have violated any provisions of the Terms; (b) modify or change such Websites and Services and any applicable Terms and policies governing Your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason. Your access to Your account, and use of the related Websites and Services may be terminated by You or by Gapminder at any time and for any reason whatsoever, without notice.

9.8 In addition, Gapminder reserves the right to delete any account and all Content associated therewith following any prolonged period of inactivity, as determined by Gapminder.

10. DISCLAIMER OF WARRANTIES

10.1 The Websites, its Contents and any Services are provided on an “as is” and “as available” basis and without any expressed or implied warranties. Gapminder or persons associated with Gapminder do not guarantee the completeness, security, reliability, quality, accuracy or availability of the Websites or Services. Without limiting the foregoing, Gapminder or the persons associated with Gapminder do not guarantee that the Websites, its Contents or Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that Gapminder’s site or the server that makes it available are free of viruses or other harmful components or that the Websites or Services will otherwise meet Your needs or expectations at all times.

10.2 Gapminder hereby disclaims all warranties of any kind, whether express or implied, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. This Section 10 does not affect any warranties or liabilities that cannot be excluded or limited under applicable law or in the case Gapminder has acted deliberately or with gross negligence.

11. LIMITATION OF LIABILITY

Gapminder, its affiliates, employees, agents, officers or directors are not liable for damages that arise out of or in connection with Your use, or inability to use, the Websites, websites or content linked to it, Content on the Websites, Services or such other websites or services obtained through the Websites. The foregoing limitations of liability also includes direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill and loss of data. This Section 11 does not affect any liabilities that cannot be excluded or limited under applicable law and in case Gapminder has acted deliberately or with gross negligence.

12. TERMINATION OF THIS AGREEMENT

12.1 The Terms continue to apply until terminated by either You or Gapminder. Your right to access and use the Websites and Services terminates automatically upon Your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites or Services.

12.2 Gapminder may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Master Terms, Additional Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as Gapminder deems appropriate in its sole discretion.

12.3 Your access to, and use of, the Websites or Services may be terminated by You or by Gapminder at any time and for any reason.

12.4 Any Sections of these Master Terms, including but not limited to, ”Disclaimer of Warranties”, “Limitation of Liability” and “Governing Law and Disputes” that either explicitly or by their nature, must remain in effect even after termination of these Terms, shall remain in effect after termination.

13. RELATIONSHIP BETWEEN THE PARTIES

The parties agree that no joint venture, partnership, employment, or agency relationship exists between You and Gapminder as a result of these Master Terms, any Additional Terms, or Your use of any of the Websites or Services. The Terms constitute the entire agreement between You and Gapminder relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by Gapminder from time to time) between You and Gapminder.

14. GOVERNING LAW AND DISPUTES

14.1 The Terms are governed by and construed by the laws of Sweden, exclusive of its choice of law rules.

14.2 The parties agree that any disputes or proceedings between Gapminder and You concerning the Terms and/or any of the Websites or Services shall be settled in a Swedish court of competent jurisdiction.

14.3 Your or Gapminder’s failure to insist on strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any provision of the Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be eliminated or limited while any remaining provisions shall remain in effect.