Last Updated: December 10, 2023
Please read this MASSIVE Terms of Service (the “Terms” or the “Agreement”) carefully.
This Agreement constitutes a binding agreement between you or the legal entity that you represent and MASSIVE ("MASSIVE", "we", "us", or "our"). These Terms govern your use of MASSIVE site (collectively with associated products and services, the “Site” or the “Services”). This Agreement consists of the terms and conditions below, and incorporates:
• the MASSIVE Privacy Policy ("Privacy Policy");
• the MASSIVE End User License Agreement, where applicable; and
• the terms and conditions referenced herein and any other policies, procedures, and other guidelines that we post on the Site or otherwise make available to you.
By registering for the Site, by using the site, or otherwise using the services, you (a) accept this Agreement and acknowledge that you have read and understood these terms; (b) warrant and represent that you are of legal age and have authority to bind yourself or the company you represent to this Agreement; and (c) your access to and use of the Services is lawful in your jurisdictions in the manner in which you access and use them.
For purposes of this Agreement, “Data” mean the text, image, audio, video, or any other content in the MASSIVE repository, “Submissions” mean the course of actions and results of uploading, labeling, and reviewing data, "Quests" mean any set of data specifications as a guide for Submissions that a Site participant makes available on the Site, “Crowds” mean the Site participants who make Submissions to the MASSIVE repository and marketplace, “Quest Owners” mean Site participants who make Quests available on MASSIVE, and “Buyers” mean Site participants who purchase data made available by the Crowds. References to “you” and “your” in this Agreement may apply to Crowds, Quest Owners, Buyers, or all.
Registration. When you register for the Site, you must provide complete and accurate information and ensure that such information is complete, accurate, and up to date always.
Account Management: Once you have created an account, you may have access to the Services all in accordance with the terms and conditions set forth in these Terms. You agree not to sell, rent, lease, or give access to your MASSIVE account to anyone. You accept that you will not hold us accountable for the maintenance and protection of your account, and also consent that we are not and you will not hold us liable for any unauthorized access to or use of your account.
Passwords and Account Use. You are solely responsible for maintaining the secrecy and security of your password, and any use or action taken under your account. If your password is compromised, you must change your password. You may not permit any other person or entity to access or use your account. If you believe there is an error or unauthorized transaction or activity associated with your account, contact us immediately.
Wallet Management. Your wallet associated with the use of our Services is self-custodial and you are solely responsible for safekeeping, including but not limited to Recovery Phrase, Private Keys, and Tokens.
The Site is:
(a) a venue for Quest Owners to make Quests available for Crowds to crowdsource data.
(b) a repository for the Data submitted by the Crowds
(c) a marketplace for Buyers to purchase data.
Unless the case we take a role as a Site participant, we have no control over the quality, safety, legality, or other consideration for Quests and Submissions, and the crowdsource performance of the Crowds in line with Quests to Quest Owners' satisfaction. We are not responsible for the actions of any Quest Owners or Crowds, or performing any screening of Quest Owners or Crowds. Because we are not a party to the transactions among Crowds, Quest Owners, and Buyers, we are not responsible for resolving any disputes between Crowds and Quest Owners related to any Quests or any transaction.
Scope. You may only use the Site for business, commercial, or research purposes.
Data Submission. Your Submissions must be original and you must be the copyright owner of the Data you submit. You are legally responsible for your Submissions and you assume sole responsibility for any Data you upload, and you alone are liable for the consequences of your Submissions and Data. You represent and warrant that:
(i) you have all necessary rights to submit your Data to the Site and grant the licenses set forth herein;
(ii) MASSIVE will not need to obtain licenses from any third party or pay royalties to any third party with respect to your Data;
(iii) Your Data does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Data complies with these Terms of Use and all applicable laws.
MASSIVE License. MASSIVE receives no ownership rights in and to your Submissions and Data. However, by making Submissions, you grant MASSIVE an irrevocable, worldwide, commercial, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Data for the purpose of editing and displaying your Data on the Site and archiving or preserving your Submissions for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove your Data from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
Use of Data. You may not use any Data in MASSIVE repository for any purpose without first obtaining a license to use such Data. Any use of Data by you shall be governed by the applicable license agreement separately entered into between you and MASSIVE. Displaying and/or distributing to the public any unlicensed Data (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Prohibited Contents. You may not upload, post, or transmit any text, image, audio, video, or other content that:
1. Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
2. Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
3. Exploits minors;
4. Depicts unlawful or violent acts;
5. Depicts animal cruelty or violence towards animals;
6. Promotes fraudulent schemes or givesrise to a claim of deceptive advertising or unfair competition; or
7. Violates any law, statute, or regulation.
Policies and Site Access. Your right to use the Site is limited to your use and you are only authorized to use it in connection with making Submissions, posting Quests, and purchasing Data. You may not use the Site for any other purposes or in any way that: (i) is unlawful; (ii) harms MASSIVE or its affiliates, Crowds, Quest Owners, Buyers, or other parties, as determined in our sole discretion; (iii) violates this Agreement; or (iv) could damage, disable, overburden, or impair the Site (or any network(s) connected to the Site), interferes with any other party's use of the Site, or otherwise undermines the integrity of the Site or any of its features. You may not use any data mining, robots, or similar data gathering or extraction tools on the Site.
Prohibited Uses. You may not use, or encourage others to use, MASSIVE for any illegal, harmful, fraudulent, infringing, or objectionable activities. Here are some examples of prohibited activities:
- Collecting personally identifiable information (e.g., Quest should not collect PII such as email address or phone number), or otherwise attempting to derive any personally identifiable information about the Crowds
- Using bots, scripts, or other automated methods for Submissions as a substitute for your human intelligence or independent judgment to make Submissions.
- Disrupting, manipulating, or impairing the operation of MASSIVE Site and Services
- Phishing, spamming, or pharming
- Unsolicited contacting of users or third parties, or other abusive behavior
- Infringing or misappropriating the rights of others, including Quests that require violating the Terms
- Posting or transmitting any data that is illegal, fraudulent or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts
- Scraping data or content from the MASSIVE Site
- Creating a security risk for MASSIVE, any MASSIVE Site Participants, or any third party
- Posting Quests that contain personal information of third parties
The Site may be used only for lawful purposes and in a lawful manner consistent with the Agreement. In connection with your use of the Site, you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you. We reserve the right to monitor or investigate any Quests, Submissions, transaction, activity, or Data associated with the Site or your account, and take any action that we deem appropriate.
Our Use of Information. By visiting or registering for the Site, you authorize the collection, use, and disclosure of information in accordance with the Privacy Policy. In addition, we may share certain information about you to other Site participants to facilitate the service relationship and improve the Site, including, for example, activities, reputation, and other attributes related to your use of the Site.
Your Use of Information. Except for the data you purchase from the Repository, you may only use information or other data acquired from your use of the Site solely as necessary to use the Site and for no other purpose (e.g., you may not use that information or data for solicitation, advertising, marketing, unsolicited e-mails or spamming, harassment, invasion of privacy, or otherwise objectionable conduct).
The Site and the Services are owned and operated by us. Unless otherwise indicated, all content, information, intellectual property rights and other materials on the Site and the Services, including, without limitation, MASSIVE’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of MASSIVE or its subsidiaries or affiliated companies and/or third-party licensors.
To execute transactions, MASSIVE can use third-party platforms such as Phantom or any other wallet service providers. Third-party websites or applications (collectively, “Third Party Sites”) can be linked from our Site. Third Party Sites are not managed or operated by MASSIVE. You accept and consent that your use of any Third-Party Platform is subject to any applicable terms of service and/or privacy policies. Before continuing with any transaction with any third party, you should review any terms of use and/or privacy policies offered by such Third-Party Site and perform whatever investigation you find necessary or reasonable.
MASSIVE offers these Third-Party Sites for your convenience only and does not authorize, track, support, warrant, or make any claims about them, their goods, or services. All links on Third Party Sites are used at your own risk. Our Agreement and policies no longer apply once you leave our Site. We can, but are not obliged to, alert you to the fact that you have a virus.
THE SITE, THE QUESTS, AND THE DATA ARE PROVIDED ONAN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE"BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE QUESTS, AND THE DATA AREAT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKENO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEOPERATION OF THE SITE, THE QUESTS, AND THE DATA. AND DISCLAIM ANY AND ALLREPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUTLIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SITE,THE QUESTS, AND THE DATA WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE,ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILLCONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY WARRANTY THAT THEINFORMATION, CONTENT, MATERIALS, OR SUBMISSIONS INCLUDED ON THE SITE WILL BE ASREPRESENTED BY QUEST OWNERS OR WORKERS, THAT THE QUESTS AND THE DATA ARE LAWFUL,OR THAT QUEST OWNERS OR CROWDS WILL PERFORM AS PROMISED OR TO YOURSATISFACTION; OR (D) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING ORUSAGE OF TRADE.
You will indemnify, defend and hold harmless MASSIVE and its affiliates (and their respective officers, directors, employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to:
1. any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement;
2. any Quests you make available and any Crowdsource Activities or Data Submissions, including any actual or alleged infringement or misappropriation of third-party rights by any of those Quests or Submissions;
3. your wrongful or improper use of the Site; or (iv) a dispute between you and any other Site participant.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIALDAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE QUESTS, ANDTHE DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
We may terminate this Agreement, terminate, or suspend your account and access to the Site, or remove any Quest listings immediately without notice for any reason. Upon any termination or suspension of this Agreement, your right to use the Site will cease, and you will not be able to retrieve any information related to your account. If we terminate this Agreement for cause, any remaining pending transactions that have you as a recipient (if any) may be forfeited.
Entire Agreement. This Agreement is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement, including when submitted by you in any order, invoice, bill, receipt, acceptance, confirmation, correspondence, or other document.
Modifications to the Site and this Agreement. We may modify, suspend, or discontinue the Site, in whole or in part, at any time without notice. We may modify this Agreement in the future by posting the modified terms on the Site. Continued use of the Site will constitute your acceptance of the modified terms.
Assignment. You may not assign or transfer any rights, obligations or privileges that you have under this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, at any time without notice. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.
Severability; Interpreting the Terms. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The word "including" will be interpreted without limitation when used in this Agreement.
No Waiver. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of that provision nor limit our right to enforce that provision later. All waivers by us must be in writing and signed by us to be effective.
Notices. All notices relating to this Agreement will be sent by e-mail or will be posted on the Site. You consent to us sending you e-mails relating to the Site from time to time. We may send notices to you at the e-mail address maintained in our records for you. E-mail notices or notices posted on the Site are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received when sent.
