Use of the website http://webrecorder.io (the “Site”) and the content and services provided through the Site is subject to the following terms and conditions.
By using the Site, you accept and agree to be legally bound by these Terms of Service, whether or not you register for an account. If you are using the Site on behalf of an organization, you are agreeing to these Terms of Service for that organization and promising that you have authority to bind that organization to these Terms of Service. In that case, “you” and “your” will refer to the organization on behalf of which you are using the Site.
If any of these Terms of Service is unacceptable to you, do not use the Site.
The Site is operated by Rhizome Communications, Inc. and its staff (“Rhizome”) in support of its mission to advance digital preservation through the creation of free and open source software tools. As used in these Terms of Service, “we,” “us” and “our” refer to the Rhizome Webrecorder initiative and to Rhizome more generally.
The Site helps its users create high fidelity, context-rich and interactive archives of the internet for use on their own copyright materials or for not-for-profit use of others materials. Through the Site, users can create and save web archives. Visitors to the Site can access user-created archives if they are made public. The services provided by us through or in connection with the Site are referred to collectively as the “Service.”
The Site and Service provide links to third-party websites (“Third Party Sites”). We do not control and have not reviewed all material made available through Third-Party Sites linked from the Site. We do not endorse, are not affiliated with, and are not responsible for the availability of Third-Party Sites. You agree that use of Third Party Sites is at the your own risk and that we have no responsibility or liability, directly or indirectly, for any content accessed at or any damage or losses you incur in connection with any Third-Party Site. We encourage you to be aware of the terms and conditions and privacy policies of any Third-Party Sites that you visit.
Use of the Service is subject to the following restrictions and obligations:
You agree to indemnify and hold harmless us, our affiliates, governing board members, officers, employees, agents and representatives, and any party with whom we may contract to provide the Service, from and against any claims, liabilities, losses, damages, costs and expenses, including but not limited to reasonable attorneys' fees and court costs, arising out of or in any way connected to your use of the Site or Service, including but not limited to any allegation or claim that, if true, reflects your violation of these Terms of Service or the infringement or violation by you (or occurring through use of your account) of any intellectual property or other right of any person or entity.
We reserve the right at any time to modify, suspend or discontinue the Site or Service, in whole or in part, without notice, and shall have no liability for doing so.
The Site is controlled and operated from our facilities in and around New York, NY. These Terms of Service, and any claim or dispute that arises from or relates to your use of the Site, the Service or any Site content, will be governed by the laws of the State of New York, U.S.A., without regard to its conflicts of laws principles that would require or permit the law of another jurisdiction to apply. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in New York County, New York. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access the Site or Service from locations other than New York, you will be responsible for compliance with all local laws of those other locations.
If you visit our Site to browse, we will collect and store the domain name and host from which you accessed the Internet (e.g., example.com), the IP address of your computer, your browser software and operating system, the date and time you access the Site and the Internet address of any web site from which you linked directly to our Site or to which you link after visiting our Site. We use this information to measure the number of visitors to sections of our Site, to determine from where our visitors linked and to where our visitors link from the Site and to help us make the Service more useful. For example, we may organize and analyze IP addresses so that we can provide efficient service, enhance security, monitor appropriate usage and produce traffic volume statistics. This type of information is sometimes shared with third parties.
To make full use of our Service, you may need to complete our registration process and create an account. We collect and store the Personally Identifiable Information you provide through this registration process, including your user ID and password. We collect and store information about when you create the account and when you log in. If you engage in a transaction while logged on to the Site, then we collect and store information about the transaction. If you send us communications, then we may collect such communications in a file specific to you.
We may share User Information with third parties in order to provide and improve the Service. For example, we may contract with third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance of the Site, and may provide them User Information in that connection. We may also provide User Information to third parties in circumstances where we believe that doing so is necessary or appropriate to: satisfy any applicable law, regulation, legal process or governmental request; investigate compliance with or enforce our Terms of Service; detect, prevent or otherwise address fraud, illegal activity, security or technical issues; or protect the rights, property or safety of us, our users or others. The information we provide or share for these purposes may include Personally Identifiable Information. In addition, we may share aggregate anonymized data relating to activity on the Site and use of the Service, such as demographics and statistical information, for research and other purposes.
If you do not want to provide us with certain User Information then you may opt out by not using the Service or the part of the Service that provides us with such User Information. For example, if you do not want us to retain your name, then you may choose not to become a registered User. You will not be entitled to the benefits of registration, but you are still free to browse the Site and to visit the parts of the Site accessible to non-registrants. For example, you will be able to create temporary collections, but not persistent archives hosted on webrecorder.io.
The use of “local storage” permits our Site to send information to your browser for storage on your device. This feature can make your use of our Site easier by saving certain aspects about your status and preferences upon visits to our Site. For example, we use local storage to track the last recording name used to create a recording.
The purpose of Webrecorder is to record remote website traffic (Third Party Content) on behalf of the user. As such, any content entered into Webrecorder will be transmitted through the Webrecorder service and recorded into a web archive, controlled by the user. If a user enters Personally Identifiable Information for the purpose of recording Third Party Content, that information may be recorded. Webrecorder will in most cases attempt to exclude user-submitted passwords and cookies from recordings, but does not guarantee that such attempts will always succeed. Even when not recorded, Personally Identifiable Information entered in the course of using Webrecorder may be transmitted through the Webrecorder proxy system.Third Party Disclaimer
We do not try to control, and disclaim responsibility for, information provided by other users or third-parties that is made available through our site. Such information may contain errors, intentional or otherwise, or may be offensive, inappropriate or inaccurate, and in some cases may be mislabeled or deceptively labeled.
Webrecorder uses services provided by third-party service providers, such as Amazon Web Services (which provides computing and storage services). You may wish to review their privacy policies as well.
Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to the designated agent, with:
Webrecorder’s designated agent for notice for claims of copyright infringement is Kaela Noel, who can be reached as follows:
Note: the above contact information is provided exclusively for notifying Webrecorder that your copyrighted material may have been infringed. All other inquiries, (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), will not receive a response through this process and should be directed to the appropriate entity via email or by phone.