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PICBREEDER TERMS AND CONDITIONS

Welcome to the Picbreeder Website located at www.picbreeder.org (the "Site") designed and operated by the Evolutionary Complexity Research Group (EPlex) at the University of Central Florida, which is supervised by Professor Kenneth Stanley. The Site, Picbreeder™, is an internet property of the University of Central Florida Research Foundation, Inc. ("UCFRF" "we" or "us"). UCFRF, together with The University of Central Florida (“UCF”), and the officers, directors, boards, employees, agents and affiliates of both entities are referred to herein as the “UCF Entities.”

By registering on or using this Site, you (or your parent or legal guardian if you are under 18) are agreeing to comply with and be bound by the following terms and conditions (the "Agreement"), as well as the terms of our Privacy Policy (which can be found here: picbreeder.org/privacypolicy.php. Please review the following terms of this Agreement carefully. If you do not agree to this Agreement and the Privacy Policy in their entirety, you are not authorized to use or become a member of this Site. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue use of this Site.

While the Site service is provided for the entertainment and education of its users, it is also an academic research project in collaborative interactive evolution. The aim is to demonstrate the potential of an online interactive evolutionary system to harness the power of large volumes of users by allowing them to branch from each others' work. The results of this research, including evolved pictures, evolutionary trees, evolutionary data, or aggregated demographic information (from users who elect to provide such information in their public profiles), may be published in future articles or used for commercial purposes. By using this Site, you consent to all such publication(s) or commercial purpose(s). Identifying information will never be published or associated with users apart from the Site without the user’s consent.

In addition, images published by users will be viewable by the public. If you do not wish people to see your images, you are not required to publish them. Because a screen name is used to identify users (and other users may use the site completely anonymously if they so choose), the true identity of users on the system can be anonymous.

While using this site, you may encounter images or text you do not like. If you find any images or text offensive or inappropriate, please contact help@picbreeder.org. If UCFRF, in its sole discretion, determines any reported image or text to be offensive or inappropriate, we will remove the image/text from the Site. Note that we do not allow offensive or inappropriate images and any user, account, or address found to post such an image may be removed and/or banned.

Research at the University of Central Florida involving human participants is carried out under the oversight of the Institutional Review Board (IRB). Questions or concerns about research participants' rights may be directed to UCF Institutional Review Board Office at the University of Central Florida, Office of Research and Commercialization, 12201 Research Parkway, Suite 501, Orlando, FL 32826-3246. The phone numbers are 407-823-2901 or 407-882-2276.

Thank you for registering at our Site. We sincerely appreciate your participation. Your participation will help us create the online collaborative infrastructure for the future. We also hope you enjoy your time here working with others to evolve some great pictures!

1. ELIGIBILITY & RULES

A. To be eligible to use this Site, you must: (i) be at least 18 years of age and otherwise competent to enter into legally binding contracts under applicable law; (ii) have an active email address; (iii) provide only true, accurate, current and complete information; (iv) maintain and promptly update the information that you provide to keep it true, accurate, current and complete. If you are under eighteen (18) or otherwise not capable of entering into contracts, you must obtain the consent of your parent or legal guardian to use this Site. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN ACCOUNT TERMINATION AND REVOCATION OF YOUR RIGHT TO USE THE SITE. Parental consent forms are available in English at picbreeder.org/consent_english.docx and French at picbreeder.org/consent_french.docx

B. You agree to be responsible for maintaining the confidentiality of your account. You also agree to be responsible for any and all activities that occur on your account. You must notify us immediately of any unauthorized use or security breach on your account. User accounts cannot be assigned, sublicensed, or otherwise transferred to anyone other than the registered user without the express written permission of UCFRF.

C. By using this Site, you agree that the UCF Entities will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under this Agreement.

D. You may view the status of your account by viewing the User Panel section. If you have additional questions relating to your account you may contact us at help@picbreeder.org.

E. We utilize email as our primary form of communication with you. If you register as a user, you hereby authorize UCF Entities to communicate with you via email for important communications concerning Picbreeder.org account creation and changes to your account.

2. LICENSE TO USE PICBREEDER

As a user of this Site, you are granted a non-exclusive, revocable and limited license to access and use the Site and associated Site content, including evolving, publishing and browsing images at the Site, in accordance with this Agreement. UCFRF may terminate this license at any time for any reason. UCFRF reserves any rights not explicitly granted herein. Unless explicitly stated otherwise, any future services made available to you on the Site that augment, enhance or otherwise change the current features of the Site shall be subject to this Agreement as it may be amended. You understand and agree that UCF Entities are not responsible or liable in any manner whatsoever for your inability to use the Picbreeder Site or any associated functionality. You understand and agree that UCF Entities shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site.

3. PROPRIETARY RIGHTS

A. UCFRF retains all rights (including Intellectual Property Rights as defined below) in the Site, and all underlying technology and data including any enhancements, derivative works, and improvements thereto as a result of providing the Site to you. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of technology used on the Site or delete or alter author attributes or copyright notices.

B. You do not acquire ownership rights to any content, document, software, services, derivative works, or other materials created or accessed at or through the Site. The posting of information or material at the Site by UCFRF does not constitute a waiver of any right in such information and/or materials. To the extent your use of the Site results in the creation of intellectual property rights owned by you, you hereby assign to UCFRF all of your right, title and interest, including all Intellectual Property Rights, in all of the images, text and other materials you may create on the Site, in exchange for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge. You also agree to sign, upon request, any documents needed to confirm UCFRF’s ownership of any Intellectual Property Rights, including without limitation, images, text and other materials created using the Site.

C. Intellectual Property Rights means all intellectual property rights (in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights and moral rights; (b) rights associated with trademarks, service marks, trade names, logos and trade dress including good will; (c) rights relating to trade secrets and confidential information; (d) rights relating to patents, know-how and related rights in inventions; and (d) rights analogous to those set forth in this definition in any other jurisdiction throughout the world and any and all other proprietary rights relating to intangible property.

D. UCFRF grants users a non-exclusive, royalty-free, revocable license to use pictures or images evolved by users on the Site for non-commercial uses only. Any commercial use(s) of the pictures and/or text evolved by users must be licensed under a separate agreement and under terms and conditions to be negotiated by UCFRF. The standard license terms for commercial use of Picbreeder images are available here: picbreeder.org/commercial_license.php. If you are interested in commercial use of Picbreeder images in a manner that is not provided for in the standard terms, please contact Ms. Andrea Adkins using the following contact information to discuss a possible license for your proposed use:

Andrea Adkins
Assistant Director, Technology Transfer
Andrea.Adkins@ucf.edu
(407) 823-0138

4. EDITING, DELETING AND MODIFICATION

UCFRF reserves the right in its sole discretion to edit and/or delete any images, documents, information or other content appearing on the Site.

5. TERMINATION AND CANCELLATION

A. We reserve the right to terminate any user’s account at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of this Agreement, fraudulent or illegal activity by you, discontinuance or material modification of Picbreeder services, account inactivity or technical or security issues. Upon termination, we shall have no obligation to maintain or forward any content in your account.

B. You may cancel your account at any time by sending an email to our help address at help@picbreeder.org with the phrase “Account Cancellation Request” in the subject line. If you cancel your membership and later wish to re-enroll, you will be assigned a new account that will not be associated with any previous account. The images associated with your previous account may not be associated with the new account.

6. PROHIBITED USER CONDUCT

A.  You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information. Any material that we, at our sole discretion, determine has violated this policy will be removed from the Site, and your right to use the Site may be terminated.  

B. You agree not to engage in any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site or any linked site, if applicable. You are prohibited from accessing or attempting to access private areas of the Site or any other user's private information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.

C. You agree not to use any data, content, and any information provided or used on the Site, as well as during your use of our Site, which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity.

D. You agree not to use any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote unauthorized access to computers or similar conduct.

E. You agree not to remove or modify any copyright or other intellectual property notices that appear on the Site or on any content made available to you through the Site. You will not use the Site for resale, service bureau, time-sharing or other similar purposes.

7. TRADEMARK AND PUBLICITY

You agree not use the name of UCFRF, or UCF, or any trademark, trade device, service mark, symbol, or any abbreviation, contraction, or simulation thereof, owned by UCFRF or UCF, nor the names of any officer, employees, or any adaptation thereof, in any advertising, promotional, or sales literature relating to your use of the Site without prior written consent obtained from an authorized officer of UCFRF or UCF in each case.

8. LINKS TO THIRD-PARTY SITES

The Site may contain hyperlinks to other web sites operated by other parties which are beyond UCFRF’s control. If you click on an external link within the Site, the click will take you off the Picbreeder.org site. UCF Entities do not control, are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. UCF Entities do not assume any liability for the actions, product, and content of all of these and any other third parties. UCF Entities make no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Picbreeder.org site, the site you are redirected to is not controlled by UCF Entities and different terms of use and privacy statements may apply. UCF Entities also do not assume, and expressly disclaim, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

9. CHANGES TO TERMS AND CONDITIONS AND POLICIES

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement, the Privacy Policy, and other rules or guidelines which appear on this Site at any time for any reason. Any such change, modification or alteration is effective upon posting on the Site without further notice to you. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

10. DISCLAIMER OF WARRANTIES

A. ALL PRODUCTS OR SERVICES DELIVERED THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE UCF ENTITIES MAKE NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE OR INFORMATION PROVIDED ON THE SITE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THE UCF ENTITIES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. THE UCF ENTITIES MAKE NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS OR ACCESS TO OR USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ANY OF THE UCF ENTITIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. ACCORDINGLY, THE UCF ENTITIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR TORT, REGARDLESS OF THE NUMBER OR NATURE OF CLAIMS IN TORT, EQUITY, OR CONTRACT..

B. EXCEPT AS EXPRESSLY STATED HEREIN, THE UCF ENTITIES MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE UCF ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSS, EVEN IF THE UCF ENTITIES, YOU, OR ANOTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND, IF YOU ARE A REGISTERED USER, TO CANCEL YOUR PICBREEDER MEMBERSHIP. YOU ACKNOWLEDGE AND AGREE THAT THE AGREEMENT TO MAKE THE SITE AVAILABLE TO YOU DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF THE RISK OF ANY OF YOUR DAMAGES, REGARDLESS OF WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL OR ANY OTHER DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE.

12. INDEMNITY

By using the Site you agree to indemnify and hold the UCF Entities harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site, or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether you authorized such use or not. By using the Site, you are hereby agreeing to release the UCF Entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against the UCF Entities, if any, arising out of or in any way related to such disputes and/or to the products and services. UCF, and UCFRF as a direct support organization and instrumentality of UCF, expressly retain all rights, benefits, and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes.

13. DATA RETENTION

The UCF Entities retain documents in accordance with applicable Florida law and will retain any documents that constitute a public record in accordance with the legally required time periods for such records. After such period has expired, the UCF Entities have no obligation to retain such documents for any further time period, and such documents may be destroyed.

14. COPYRIGHT INFRINGEMENT/ INTELLECTUAL PROPERTY CLAIMS

UCFRF respects the intellectual property rights of others, and asks that everyone using the Picbreeder.org site do the same. Anyone who believes that their work has been reproduced on the Picbreeder.org site in a way that constitutes copyright infringement may notify UCF’s designated agent for copyright infringement claims in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

1. Identification of the copyrighted work you claim has been infringed;
2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Picbreeder.org site so we can locate it;
3. Your address, telephone number, and, if available, e-mail address, so that we may contact you about your complaint; and
4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent to UCF’s designated agent for copyright infringement claims as follows:
Joel L. Hartman, Vice Provost and Chief Information Officer
Millican Hall 338
4000 Central Florida Blvd.
Orlando, FL 32816
407-823-6778 (voice)
407-823-6710 (Fax)
joel.hartman@ucf.edu (e-mail)

If you give notice of copyright infringement by text e-mail, UCF’s designated agent for copyright infringement claims may, but is not required to, begin investigating the alleged copyright infringement; However, we must receive your signed statement by mail or as a signed attachment to your e-mail before we are required to take any action.

If you believe any content made available in conjunction with the Site violates any trademark or other intellectual property rights you possess, you may use the contact for copyright violations above to bring the issue to our attention.

15. E-MAIL SUPPORT, HELP

The Evolutionary Complexity Research Group at the University of Central Florida operates this website and can be reached via http://eplex.cs.ucf.edu. Picbreeder help can be reached at help@picbreeder.org. If you have questions (other than legal questions that should be directed to UCF legal counsel via Dr. Hartman using the contact information in the “Copyright Infringement/Intellectual Property Claims” section above), please contact Picbreeder support at help@picbreeder.org. The EPlex group is at http://eplex.cs.ucf.edu. Help will be provided in accordance with available resources. Having help information listed does not give rise to any obligation to provide assistance beyond the resources that Picbreeder decides to dedicate to the Site.

16. GENERAL

A. If any provision of this Agreement is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, the Privacy Policy and other terms and conditions that may be included on the Site set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof.

B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

C. This Agreement shall be binding upon and shall inure to the benefit of the parties. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of UCFRF, which retains the right to withhold consent in its sole discretion.

D. This Site (excluding third party linked Sites, if applicable) is operated by UCFRF in Orlando, Florida, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Site. As each of these places has laws that may differ from Florida, by accessing this Site, both you and UCFRF agree that the statutes and laws of Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Orange County, Florida, U.S.A., and any legal proceedings shall be conducted in English. UCF Entities make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your nation, state or territory do not permit your participation in this Site, then you are responsible for complying with such laws and you agree to indemnify UCF Entities against any action you undertake to use the Picbreeder website.

Revised December 2013

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Picbreeder: Collaborative Interactive Art Evolution (Genetic Art)
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(c) 2007 University of Central Florida
Found a bug? Email: bugs@picbreeder.org
Need Help? Email: help@picbreeder.org