Metriq Platform Terms of Use

Effective Date: 18 August, 2021

Metriq Platform is a free resource supported by Unitary Fund for code, libraries, datasets, and other materials related to benchmarking quantum computing algorithms and systems.

These Terms of Use (“Terms”) govern the use of the Metriq Platform website (the “Website”), including the materials hosted on the Website. These Terms constitute an agreement between you and us, so it is important that you review them carefully.

By accessing or downloading any materials made available on the Website, or generally when you access any page, document or file which links to these Terms, you accept and agree to be bound by both these Terms.

Your Commitments

We administer the Website and its contents, and in exchange for accessing the Website, we ask you to confirm that:

• you are able to enter into a binding agreement with the Unitary Fund in your jurisdiction of residence;
• you are not prohibited under applicable laws from receiving the materials hosted on the Website; and
• if you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant to Unitary Fund that you have full legal authority to bind your employer or such entity to these Terms.

Content of the Website

Much of the content and materials hosted on the Website is User Content. “User Content” means any information and content that a user submits to, or uses with, the Website (including any information entered in any open text field). This includes any content or submission that you post, submit, make available, provide or otherwise share with us on our Website. Examples include any text, code, photos, videos, or other media or content.

User Content is hosted as a community service by Unitary Fund. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any other provision of these Terms. Such action may include terminating your account.

You acknowledge that much of the information and content available on the Website have not been verified or approved by us. Views which may be expressed by other users on the Website do not represent our views or values. Although we reserve the right to review or remove all content that appears on the Website, we do not necessarily review all of it. Unitary Fund has no obligation to host or to continue to host any particular piece of User Content. Except in cases where we are prohibited by law, any piece of User Content may be removed or hidden by Unitary Fund with no notice and no recourse.

To help support our community, we encourage you to report to us content or conduct that you believe violates your rights (including intellectual property rights) or our Terms and policies.

You assume all risks associated with the use of User Content. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the Website. We are not liable for any decisions you may make in reliance on this content.

Submission of User Content

Your User Content is owned by you. But by providing User Content for the Metriq Platform, you hereby grant us (and represent and warrant that you have the right to grant) an irrevocable, non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works and otherwise use and exploit such User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Further, you agree that all your User Content is available to any user of the Website under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0), as further described at the following page: https://creativecommons.org/licenses/by-sa/4.0/legalcode.

Restrictions on Submissions

You should not submit or provide any confidential, private or personal information (other than your contact details if you wish to receive an answer to your query or to be contacted in response to your feedback) as part of any User Content.

If your User Content contains or might contain any non-confidential information relating to an identified or identifiable individual, including yourself, you represent that your collection and use of it complies with the applicable laws, that you are authorized to distribute (and allow us to distribute) the information through the Website. At all times you remain responsible for any disclosure of your User Content that personally identifies you or any third party.

Unless otherwise specified, we are not obligated to backup any User Content. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

IP Rights on the Metriq Platform

Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and their content are owned by us, our suppliers, partners and/or third party licensors.

Without limiting any of the above, we have the right (though not the obligation) to, in our sole discretion, refuse or remove any User Content that, in our reasonable opinion, is in any way harmful or objectionable; or terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion.

Please note that the above license only applies to the User Content on the Website. This license does not cover any development, improvement or modification to the Website itself.

Neither these Terms nor your access to the Website transfers to you or any third party any rights, title or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms.

Prohibited Conduct

You may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates any laws. For example, and without limitation, you may not:

• impersonate any person or entity or otherwise misrepresent your affiliation or the origin of any information or materials you submit;
• engage in unauthorized spidering, “scraping,” or harvesting of content or information, or use any other unauthorized automated means to compile information from the Website;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity conducted on the Website or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to decipher, decompile, disassemble, or reverse-engineer any of the software or code comprising or in any way making up a part of the Website;
• distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam);
• submit content that infringes on the copyright, trademark, patent, or other intellectual property rights of any third party, are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit, violate a third party’s right to privacy or publicity, or degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification; and
• engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

In addition, you may not use our Website, or do or share anything that:

• violates these Terms, and other terms and policies that apply to your use of the Website;
• that is unlawful in any country, misleading, discriminatory or fraudulent; or
• that infringes or violates someone else's rights, including their intellectual property rights.

We may suspend or terminate access to the Website for any reason at any time without notice. We also may investigate and work with law enforcement authorities to prosecute users who violate the Terms. Violations of system or network security may result in civil or criminal liability.

Copyright

We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

• identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
• identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• your name, address and a daytime telephone number, and an email address if available, so that we may contact you if necessary;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Our designated agent may be reached by contacting:

Unitary Fund Designated Agent

Unitary Fund, Inc.

315 Montgomery Street, 9th and 10th Floors,

San Francisco, CA, 94104,

United States of America

Upon receipt of a valid notice of claimed infringement or any statement in conformance with 17 U.S.C. § 512(c)(3), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright.

Limitation of liability

Your use of the Website (including the User Content) is at your own risk. The Website and its respective content are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the User Content, the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, virus, or error-free.

We expressly disclaim any liability for any errors or omissions in the content included on the Website, including User Content. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the User Content or use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website, or the data collected through the Website, even if one or more of them has been advised of the possibility of such damages or loss.

Indemnification

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or associated with your submission or use of User Content, your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

Modification

We reserve the right, at any time, to modify, suspend, or discontinue all or any elements of the Website (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuation.

Third Party Materials

The Website may contain links to third party content or otherwise contain materials that are hosted by another party. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. You access these materials at your own risk.

Rules about linking to our Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

Miscellaneous

1. You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with your use of the Website.
2. The use of our Website involves the transmission of data through your device or network service provider in the case of a mobile device. Your network service provider may charge you for this data transmission. You are responsible for any and all costs related to your use of your device or network service provider.
3. We appreciate your feedback and other suggestions about our Website. If you submit to us any feedback or suggestions, we may use and fully exploit them in any manner that we deem appropriate, without any restriction or obligation to compensate you. We will treat any feedback or other suggestions as non-confidential and non-proprietary. You should not submit to us any information or ideas that you consider to be confidential or proprietary.
4. These Terms make up the entire agreement regarding your use of the Website. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
5. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website.
6. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.