Fashion-Gen Dataset Terms and Conditions
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Terms and Conditions
By participating, you agree that Element AI and SSENSE will have access
to the personal information you submit with your participation. You
acknowledge and agree that Element AI and SSENSE can contact you in
association with the contest itself. In addition, the terms of
Element AI's Privacy Policy (https://www.elementai.com/en/privacy-policy)
apply to your participation.


DATA SET TERMS OF USE

These general terms of use ("Terms" or"Terms of Use") will govern the
legal relationship between Atallah Group
Inc. ("SSENSE","We","Us","Our") and you, the user ("You") in respect
to your access to this website (the "Website") and the matters set
forth below.

1. Acceptance of Terms; Changes. As a condition to accessing the data
set optimised for artificial intelligence machine learning purposes
contained in the Website (the "AI Data"), You agree to the Terms of
Use and understand that You will be legally bound by them. If You do
not agree to any of the Terms You are not allowed to access the AI
Data.

SSENSE reserves the right to make changes to or modify the Terms at
any time at its sole discretion. In any such case, the Terms accepted
by You as of the date You last accessed or downloaded the AI Data will
control the relationship between You and Us. The Website is available
only to legal entities and persons who are at least eighteen (18)
years old and are otherwise capable of forming legally binding
contracts under applicable law.

2. License. Your access and use of the AI Data is subject to the terms
of the AI Data License Agreement available at
https://s3.amazonaws.com/fashiongen-dataset/release_04_05_2018/tos.txt,
the terms of which are incorporated by reference into the Terms.

The unofficial summary of the terms of that license is: You can use
the AI Data for non- commercial purposes in any way, and you don’t
have to publish or reveal the results. However, if you do publish or
reveal the results of any use of the AI Data (including use as a
training or verification data set), you must publish that work under
the same license terms as are contained in the AI Data License
Agreement, which includes a right for SSENSE to use it for commercial
purposes.

3. Stated Use. In order to access the AI Data, you must fill out the
form available at https://fashion-gen.com/register. You hereby certify
that all information contained in the request form are true and accurate,
including the stated use of the AI Data.

4. Liability. You will be liable for any breach of these Terms by You
or by anyone acting on Your behalf or under Your permission, and you
will hold harmless and indemnify SSENSE and its affiliates, directors,
officers, employees, service providers and subcontractors and agents,
from and against any third party claims, suits and causes of action,
and any damages, costs (including reasonable and documented
attorneys' fees), judgments and other expenses, arising out of or
related to (i) Your breach of the Terms of Use; and (ii) any
allegation that any derivative work infringes or misappropriates the
intellectual property rights of a third party, including without
limitation patent, copyright, trademark or other proprietary or
intellectual property rights of such third party.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
SSENSE, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR
REVENUE), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING,
WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE,
EVEN IF SSENSE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
AGGREGATE LIABILITY OF SSENSE, ITS OFFICERS, EMPLOYEES, AGENTS OR
SUPPLIERS, TOWARDS YOU RELATING TO THE CHALLENGE WILL BE LIMITED TO
$100. THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS
REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS
ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS
LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

Please note that by granting You access to the AI Data We are relying
on Your compliance with these Terms.

5. Miscellaneous.

These Terms and any action, dispute, controversy or claim related
thereto will be governed by the laws of the Province of Quebec without
regard to its conflict of laws provisions. The exclusive jurisdiction
and venue of any action in relation to these Terms will be the
Province of Quebec and the District of Montreal and each of the
parties hereto waives any objection to jurisdiction and venue in such
courts. However, in the event of the actual or threatened
infringement, misappropriation or violation of SSENSE’s intellectual
property rights, SSENSE may, at its discretion, institute legal
proceedings in any jurisdiction (s) which is (are) deemed necessary or
advisable. In such a case, you agree that monetary damages will not be
a sufficient remedy for any breach by You of these Terms, and You
agree that SSENSE will be entitled, in addition to money damages, to
specific performance and injunctive relief and any other appropriate
equitable remedies for any such breach, without having to post a
bond. Such remedies shall not be deemed to be the exclusive remedies
for a breach of these Terms but shall be in addition to all other
remedies available at law or in equity. Both parties have agreed that
this contract be draft in English. Les parties ont consenti à ce que
le présent contrat soit rédigé en anglais.

---

AI Data License Agreement

(i) TERMS AND CONDITIONS

0. Definitions.

To “Convey” means to make available to third parties not bound by any
confidentiality obligation.

A “Covered Work” means any derivative work created by Use of the
Licensed Work. This “License” refers to the terms contained herein.
“Licensed Work” refers to the AI Data as defined under the Data Set
Terms of Use available at [INSERT HYPERLINK]. Each licensee is
addressed as “you”, and may be individuals or organizations.

“Non-Commercial Purposes” means for artificial intelligence machine
learning research purposes only, provided that the product of such
research will not be integrated into or used to optimize any
commercially available product or service, or used to optimize
internal processes or processes for creating any commercially
available product or service.

“Use” means any use made of the AI Data for artificial intelligence
machine learning research purposes only, including using it to train,
ensure quality assurance or create an artificial intelligence model.

1. Basic Permissions.

Subject to your compliance with the terms herein, we hereby grant you
a worldwide, revocable, non-sublicensable license to Use the
unmodified Licensed Work for any Non-Commercial Purposes, except that
SSENSE and its affiliates, successors and assigns may use the Licensed
Work and Covered Works for any purpose whatsoever.

2. Conveying Works.

You may Convey copies of any Covered Work, in any medium, provided
that you also meet all of these conditions:

a) Any Covered Work so Conveyed must carry prominent notices stating
that it is subject to this License.

b) You must license the entire Covered Work, as a whole, under this
License. This License will therefore apply to the whole of the work,
and all its parts, regardless of how they are packaged. This License
gives no permission to license the Licensed Work or Covered Work
subject to any other terms.

3. Termination.

You may not Convey a Licensed Work or Covered Work except as expressly
provided under this License. Any attempted violation of this provision
will automatically terminate your rights under this License. If your
rights have been terminated and not reinstated, you do not qualify to
receive new licenses for the same Licensed Work or Covered Work.

4. Automatic Licensing of Downstream Recipients.

You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, you may
not impose a license fee, royalty, or other charge for exercise of
rights granted under this License.

5. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE LICENSED WORK, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE DATA “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE DATA IS WITH YOU. SHOULD THE DATA PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

6. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR
CONVEYS THE DATA AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE DATA (INCLUDING BUT NOT
LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES
SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE DATA TO OPERATE
WITH ANY OTHER DATAS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Interpretation of Sections 5 and 6.

If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the AI
Data, unless a warranty or assumption of liability accompanies a copy
of the AI Data in return for a fee.
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