Terms & Conditions
Last Updated Monday 16 January 2023
Terms and Conditions of Use
Welcome! Local Contexts, Inc. (referred to as “Local Contexts”, “us” “our” and “we”) is a nonprofit organization. Our mission is to create a digital infrastructure that supports Indigenous data sovereignty and community governance of Indigenous data. Through our website (localcontexts.org), the Local Contexts Hub platform (the “Hub”), APIs, and related services (collectively, the “Services”), we aim to create effective and recognized pathways for implementing and maintaining Indigenous data rights and facilitate ethical relationships and enable collaboration with stewards of Indigenous collections.
1.0 Consent to Terms
Your use of the Services is subject to these Terms and Conditions of Use (the “Terms”), as well as our Privacy Policy and Indigenous Data Sovereignty Agreement. If you are a Local Contexts Member or Subscriber, then your use is also subject to your Membership or Subscription Agreement, as applicable. All of these agreements together form your Agreement with us. Capitalized terms not defined elsewhere in the Agreement are defined in Section 2.0 of these Terms.
By using our Services, you are agreeing to these Terms and Conditions of Use. Please read these Terms and Conditions of Use and the Privacy Policy carefully as they create a legally binding agreement between you and Local Contexts. If you do not agree to these Terms and Conditions of Use and the Privacy Policy, please refrain from using the Services. We may change these Terms from time to time. Any changes will come into effect when the updated terms and conditions are posted to the Website.
If you have questions about our Services or the Agreement, please contact us by email at support@localcontexts.org.
2.0 Definitions
In this document, we use the following defined terms:
Account means a Local Contexts Hub profile and its basic information, for instance organization or entity name, location, description, and number of members and Labels/Notices applied. Accounts are visible on the Hub.
Administrator means a person registered on the Hub authorized by a Member or Subscriber to manage Account membership and permissions for editing and applying Labels and creating and sharing Projects. See Member Administrator and Subscriber Administrator.
API means an Application Programming Interface used to enable digital connections and information flows between the Hub and external systems.
API Credential(s) means unique keys and/or passcodes provided by Local Contexts to a Member or Subscriber to access the APIs.
Community Account means a type of account on the Hub created by Licensee that may contain Administrators, Editors, and Viewers for the purposes of group collaboration on Projects See Indigenous Community Account and Institution Account.
Dispute Procedures means the procedures Local Contexts uses to assist Licensees and other users of the Services to resolve disputes about the accuracy of Label and Project data, posted on the Local Contexts website, as amended from time to time by Local Contexts.
Editor means a person with a Hub Individual User Profile Account who has been appointed to an Editor role by an Administrator. See Member Editor and Subscriber Editor.
Hub means the Local Contexts web portal that contains Account and Label and Project data, a platform and APIs for (i) Indigenous communities to edit and apply Labels and create Projects, (ii) Institutions to create Projects, apply Notices, and invite collaboration from Indigenous Communities using a Notification workflow, and (iii) generating persistent identifiers for Projects that may contain Labels and Notices.
Hub Data means any data accessible via the Hub.
Indigenous Community means First Nations people, Tribe, Band, Iwi or similar community entities or community representatives, such as Cultural Department, Tribal and Historical Preservation Officers, Community Center, Preservation Office, Community Library, Archive, Museum, Land Council or another community entity.
Indigenous Community Account means a Community Account registered by a Local Contexts Member, which includes a Member Administrator and can be used to edit and apply Labels, create and edit Projects, issue Labels, and invite Individual User Profile Account holders to participate in the Community Account as Member Editors or Member Viewers. Community Accounts are publicly visible.
Individual User Profile means a Hub user profile registered by an individual person who can be invited by an Administrator to join a Community or Institution account and/or to participate in a Project. Individual user profiles are not publicly visible.
Institution Account means an Institution Account registered by a Subscriber, which can use the Hub to issue Notifications, apply Notices, create and edit Projects, receive Labels, and invite Individual User Profile Account holders to participate in the Institution Account. Institution Accounts are publicly visible.
Labels means Local Contexts Traditional Knowledge (TK) and Biocultural (BC) Labels that allow communities to express local and specific conditions for sharing and engaging in future research and relationships in ways that are consistent with already existing community rules, governance, and protocols for using, sharing, and circulating knowledge and data.
Member means any Indigenous entity that has entered into a Member agreement with Local Contexts relating to use of the Local Contexts Hub, Labels, API Credential(s), and the APIs, or otherwise meets conditions established by Local Contexts.
Member Administrator means those Individual User Profile Account holders who are appointed by a Member to be Member’s Indigenous Community Account Administrator and hold responsibility for Account membership and privileges, including approving Account Editors, Viewers, and privileges for editing and applying Labels and creating and sharing Projects.
Member Benefits means the use of the aspects of the Services only available to Members as described in Article 1 of the Local Contexts Member Agreement and on the Local Contexts website as amended by Local Contexts from time to time.
Member Editor means persons with an Individual User Profile Account that are approved by Member Administrators to access an Indigenous Community Account with Editor privileges.
Member Viewer means persons with an Individual User Profile Account who are approved by a Member Administrator to access an Indigenous Community Account with Viewer privileges.
Notice means specific digital tools and tags and associated visual and textual metadata for Institutions and Researchers which support the recognition of Indigenous interests in collections and data.
Notification means a message from a Subscriber Account requesting collaboration from an Indigenous Community Account on a Project. There may be many Notifications per Project.
Privacy Policy means those privacy practices and commitments made by Local Contexts and that are posted by Local Contexts under the title “Privacy Policy” on the Local Contexts website, as amended from time to time by Local Contexts.
Project means a Local Contexts Hub activity that outlines data/information to which a Notice and/or Label will be applied, and includes fields for project details, contacts, metadata, and disclosures.
Renewal Term means each successive one-year term following the Initial Term.
Researcher means a person with an Individual User Profile who has also registered a Researcher account. Researchers may create Projects but must be affiliated with a Subscriber to issue Notifications and Notices.
Subscriber means any entity that has entered into a Subscriber Agreement with Local Contexts relating to use of the Local Contexts Hub, Labels, Projects, Notifications, Notices, API Credential(s), and the APIs, or otherwise meets conditions established by Local Contexts.
Subscriber Administrator means those Individual User Profile Account holders who are appointed by a Subscriber to be the Subscriber’s Institution Account Administrator and hold responsibility for Account membership and privileges, including approving Account Editors, Viewers, and privileges for creating and sharing Projects, and issuing Notifications.
Subscriber Benefits means the use of the aspects of the Services only available to Subscribers as described in Article 1 of the Subscriber Agreement and on the Local Contexts website as amended by Local Contexts from time to time.
Subscriber Editor means persons with an Individual User Profile Account that are approved by Subscriber Administrators to access the Subscriber’s Institution Account with Editor privileges.
Subscriber Viewer means persons with an Individual User Profile Account who are approved by a Subscriber Administrator to access the Subscriber’s Institution Account with Viewer privileges.
System Data means data associated with a Record that is not part of the visible Local Contexts Hub, such as a password.
Use means use, store, sublicense, reproduce, modify, transmit, distribute, publicly perform and publicly display, including for commercial use.
Viewer means a person with a Hub Individual User Profile Account who has been appointed to a Viewer role by an Administrator. Viewers have privileges to access a Community Account, but may not edit or apply Labels, Notices, or Notifications. See Member Viewer and Subscriber Viewer.
3.0 Suspension or Termination of Services
Local Contexts may, directly or indirectly, suspend, terminate, or otherwise deny your access to or use of all or any part of the Services or Limited Access Data, without incurring any resulting obligation or liability, if:
(a) Local Contexts receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Local Contexts to do so; or
(b) Local Contexts believes in good faith that:
(i) you have failed to comply with any term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement;
(ii) you have been been, or are likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Services or this Agreement; or
(iii) this Agreement expires or is terminated.
You acknowledge and agree that we may alter or cease the operation of the Services at any time in our sole discretion, and the Services may be unavailable from time to time, including for maintenance purposes. This Section does not limit any of Local Contexts’s other rights or remedies.
4.0 Limitations on Use
4.1 Prohibited Use
You agree that you will not:
i. alter the Website in any way except as permitted by these Terms
ii. upload any data to the Website other than to submit text in a text form provided for that purpose
iii. deposit or edit any content or links to articles, blogs, data sets or other works which infringe the rights of any third party;
iv. allow anyone but Local Contexts access to your API Credential(s) except to assist you in accessing the API on your own behalf;
v. disclose to anyone else Label or Project data unless such data is made publicly available by the user that deposited it through their Hub Community Account;
vi. deposit, edit, or modify any Local Contexts Label or Project in a manner that knowingly makes it false, untrue, misleading or libelous in whole or in part, or knowingly make use of any Local Contexts Label or Project in any manner that does any of the foregoing or violates the rights of publicity or privacy of any person;
vii. use any Hub Data to contact any person for marketing purposes without giving the person the right to opt out of such marketing communications;
viii. use our Services to send “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar schemes;
ix. use our Services to harass, abuse or harm another person;
x. override, circumvent, or disable any encryption features or software protections employed to protect the security of the API Credential(s), the Local Contexts Hub or Label or Project data;
xi. manipulate identifiers to disguise the origin of any Label or Project data; knowingly upload or post any Label or Project data that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment; or intentionally interfere with or disrupt Local Contexts servers or networks;
xii. use your access to the Local Contexts Hub or APIs to create a service or product that allows anyone to obtain the benefits of such access without being a Local Contexts Member or Subscriber; and
xiii. use your access to the Local Contexts Hub or APIs in violation of this Agreement or applicable law.
If you become aware of any actual or threatened activity prohibited by this Section, you shall immediately: (a) take all reasonable and lawful measures within your control to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Services and Limited Access Data; and (b) notify Local Contexts of any such actual or threatened activity.
4.2 Limitations on Local Contexts’ Use
Local Contexts shall only use and make available Label and Project data (i) via the Local Contexts Hub and (ii) as permitted by the Agreement, and to the extent that any Label and Project data is edited or removed as permitted or required by the Agreement, Local Contexts shall ensure that our Services reflect those changes.
5.0 Intellectual Property
As between the Parties, Local Contexts owns all rights, title, and interest, including without limitation, applicable database rights, in and to the Services, the software developed by Local Contexts, the System Data, and the Local Contexts name, logo, and other trademarks (the “Marks”) (collectively, the “Local Contexts Intellectual Property”); provided, however, Local Contexts Intellectual Property does not include any individual data elements provided by users of the Local Contexts Hub.
Local Contexts recognizes the inherent sovereignty of Indigenous peoples over data about them or collected from them, and which pertain to Indigenous peoples’ knowledge systems, customs and territories. We seek to promote the highest standards in the management of Indigenous data as fundamental to Indigenous sovereignty and to support both high quality research and academic integrity. Our Services are designed to provide practical mechanisms that support the expression of Indigenous rights, interests and responsibilities in Indigenous knowledge, Indigenous data, and intellectual and cultural property, as described in our Indigenous Data Sovereignty Agreement.
Local Contexts makes certain elements of its Hub software available under an open source license at the Local Contexts Github page. We permit personal, non-commercial, and attributed use of material publicly available on our Services (CC-BY-NC-ND 4.0 license).
You grant to Local Contexts a fully-paid, royalty-free, non-exclusive, worldwide, perpetual, irrevocable, sublicensable license for any and all rights necessary to allow Local Contexts and the public to Use data you deposit to the Services and make publicly available.
6.0 Privacy, Security and Usage Data
6.1 Email Address
If you are an individual with a registered Hub Account, you are required to keep your email address up to date.
6.2 Data Protection
Local Contexts will employ security measures in accordance with its Privacy Policy, as amended from time to time, which is available at [https://localcontexts.org/privacy-policy/]. Transfers of personal data to Local Contexts and the processing of such data by Local Contexts hereunder are subject to the terms of any Standard Contractual Clauses signed by Local Contexts and Licensee.
6.3 Account Access and Security
Access to some of our Services and content may be limited to authorized users with usernames, passwords and/or API Credentials (together “Authentication Information”). To maintain the security of your account (or any other Account that you are authorized to manage in the case of an Administrator or Editor), please keep your Authentication Information strictly confidential and do not disclose them to anyone.
You agree to employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to securely administer the distribution and use of all Authentication Information and protect against any unauthorized access to or use of the Services.
You agree to use the Services, and your Authentication Information only as set forth in this Agreement. You will be solely responsible for any action, activities, and access to our Services associated with your account(s), and that occurred before you notified us of any unauthorized access to them.
6.4 Notification of Unauthorized Access
You shall notify Local Contexts promptly upon learning of (i) any violation or alleged violation of this Agreement, (ii) any disclosure or threatened disclosure of any Credentials, or (iii) any breach or threatened breach of the Services. Additionally, Local Contexts may (without limiting any other remedies Local Contexts may have) impose temporary restrictions on use of your Authentication Information and access to the Services until the violation is cured.
6.5 Monitoring and Gathering Usage Data
To protect the security of API Credentials and the Services against unauthorized uses and to learn about the uses made of the Services and the APIs, Local Contexts may monitor activity and use of Labels and Projects and API Credentials and the APIs.
7.0 Disputed Data; Withdrawal of Data from the Services
Local Contexts reserves the right to remove from the Services and its servers any Hub Data or disable access to parts of the Services. We also reserve the right to discontinue access for any user (including, without limitation, Members, Subscribers, Researchers, and Individuals) who violates these Terms or otherwise disrupts the operation of or poses a security threat to the Services in Local Contexts’ sole discretion.
Local Contexts shall assist in resolving disputes between users of the Services regarding Local Contexts Label and Project ownership claims, and data accuracy and integrity in accordance with policies and procedures set forth in the Local Contexts Dispute Procedures.
8.0 Disclaimers and Limitation of Liability
8.1 Disclaimer
OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, THE SERVICES, HUB DATA, API CREDENTIAL(S), APIs (INDIVIDUALLY AND COLLECTIVELY, THE “LOCAL CONTEXTS SYSTEM”) ARE PROVIDED ON AN “AS IS” BASIS, AND LOCAL CONTEXTS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LOCAL CONTEXTS PARTIES”) DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO THE LOCAL CONTEXTS SYSTEM, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, AVAILABILITY COMPATIBILITY, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LOCAL CONTEXTS MAKES NO WARRANTY OF ANY KIND THAT THE HUB OR THE CONTENTS THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
8.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EITHER PARTY (INCLUDING ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES) IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE LARGER OF (1) USD$1,000.00 OR (2) THE FEES PAID BY YOU TO LOCAL CONTEXTS HEREUNDER DURING THE PRECEDING YEAR. IN NO EVENT SHALL THE PARTIES (INCLUDING THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES) BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. FOR THE AVOIDANCE OF DOUBT, ANY PAYMENTS FROM YOU TO LOCAL CONTEXTS IN CONNECTION WITH A CLAIM BY A THIRD PARTY AGAINST LOCAL CONTEXTS SHALL NOT BE DEEMED TO BE AN INDIRECT OR CONSEQUENTIAL DAMAGE FOR PURPOSES OF THE PRECEDING SENTENCE.
9.0 Term and Termination
9.1 Term/Renewal Term
If you are a Local Contexts Member or Subscriber, these Terms shall continue in effect for the term of your Membership or Subscriber Agreement, including any renewal term, and shall terminate immediately upon termination of that agreement. Otherwise, these Terms shall continue in effect until the first to occur of the following: (a) your access to the Services is terminated by Local Contexts; (b) you close your account, or (c) you breach any condition of these Terms, at which time your authorization to use the Services shall terminate immediately.
9.2 Survival
The provisions of Section 4.1 (Prohibited Use), 4.2 (Limitations on Local Contexts’s Use), 5.0 (Intellectual Property), 8.0 (Disclaimers and Limitations of Liability), and 9.2 (Survival) shall survive any termination or expiration of this Agreement and continue in effect.
10.0 Jurisdiction
These Terms are governed by and to be construed in accordance with the laws of the Navajo Nation. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Navajo Nation. If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
