Welcome to The Markup, an investigative news website that examines the impacts of technology on society.

The Markup is a fiscally sponsored project of NEO Philanthropy (“NEO”). NEO acts as the umbrella organization for The Markup, accepting donations and administering funds on our behalf, as well as assisting with administrative functions. All references to “The Markup,” “we,” “our,” or “us” in these Terms of Use include NEO.

These Terms of Use (“Terms”) set forth the terms and conditions for your use of the website themarkup.org (the “Website”).

Please read these Terms carefully. By using the Website, you agree to be bound by and comply with the Terms, which may be updated from time to time without notice to you.

If you do not consent to these terms, you may not use the Website.

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Privacy

These Terms incorporate by reference The Markup’s Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Website.

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Website Content

All of the content featured or displayed on the Website (“Content”) is protected by copyright law and owned by The Markup, its licensors and/or its Content providers.

You may make one copy of the Content for personal, noncommercial use. Otherwise, you may not reproduce, distribute, modify, publicly display, or perform or otherwise use any of the Content without prior written authorization from The Markup. To request such permission, please contact tou@themarkup.org.

You may not remove any copyright, trademark, or other proprietary notices from Content on the Website.

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Trademarks

The Markup name, logo, and other trademarks used on the Website are trademarks owned by The Markup or its licensors (“Our Trademarks”). You may not use Our Trademarks without prior written authorization from us. Additionally, you may not use Our Trademarks a) in connection with any product or service that does not belong to us; b) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or c) in any manner that may damage our reputation.

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The Website may contain links to websites controlled by third parties (“Third-Party Websites”). We are not responsible for Third-Party Websites or their content, goods, services, activities, or privacy practices. Any information you share or actions you take on Third-Party Websites are governed by the Third-Party Websites’ terms of use and privacy statements, which you should review carefully. The inclusion of links on our Website does not imply our endorsement of Third-Party Websites, their content, goods, services, or activities. We make no representation or warranty whatsoever about the nature of Third-Party Websites, and if you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

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Unless you obtain our prior written consent in each case, you may not: a) frame any content on any other website; or b) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name. We do, however, encourage you to link to the Website and its articles.

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Disclaimers

The Website and all services, Content, and links available through it are available “as is” and “as available.” We do not warrant that the Website or any of the services, Content, and links available through it will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in Content or services available through the Website. We make no representations or warranties about the accuracy, completeness, timeliness, reliability, or noninfringement of any Content or services available through the Website or content, goods, or services available through links to Third-Party Websites. We reserve the right to correct any errors or omissions in the Website, its Content and our services. If you rely on the Website and any Content or services available through it, you do so entirely at your own risk.

To the maximum extent permitted under law, we disclaim all express or implied warranties with respect to the Website and any Content, information, goods, or services that are available through it, including without limitation, any warranty of merchantability or fitness for a particular purpose (even if that purpose has been disclosed).

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses,” or other malicious code to the Website, we do not guarantee or warrant that the Website, or services or Content that may be available through the Website, are free from such destructive features. We are not liable for any damages or harm attributable to such features.

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Limitation of Liability

The Markup and its directors, officers, employees, agents, representatives, partners, licensors and affiliates are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions, or inaccuracies in the Website or any services or Content available through it, including loss or injury that results from your breach of any provision of these terms.

Under no circumstances will The Markup or its directors, officers, employees, agents, representatives, partners, licensors or affiliates be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost revenues or profits, loss of business, or loss of data) arising out of or in connection with your use of the Website or services available through the Website or these terms, regardless of the theory of liability, whether tort (including negligence), contract, or any other legal or equitable theory. Our aggregate liability to you for any use of, or inability to use, the Website, services, or content is limited to $100. Some states do not allow the limitation of liability for these kinds of damages, so these limitations or exclusions may not apply to you.

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Indemnification

You agree to indemnify, hold harmless, and defend (only if requested) The Markup and its directors, officers, employees, agents, representatives, partners, licensors, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Website or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.

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Changes to the Terms

We may change these Terms from time to time by posting an updated version on this webpage, or, if we determine that it is appropriate, we may provide other notice to you. Due to our commitment to transparency and accountability, we will keep archived (previous) versions of these Terms available on the Website, so that users can review what has changed.

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Termination

We reserve the right to modify or terminate the Website, these Terms, and any services offered through the Website at any time without notice, for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

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Republication

The Markup will publish many of its articles under a Creative Commons license so that others can freely republish our work. Whenever possible, we will also publish the data and code that we used in data-driven investigations, as well as a detailed methodology describing the data, its provenance and the statistical techniques used in our analysis. We intend for academics, journalists, policymakers and others to evaluate our data, replicate our analysis, and build on it.

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General

These Terms (which include the Privacy Policy) are the complete agreement between you and The Markup regarding your use of the Website and is governed by applicable federal laws and the laws of New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Website and these Terms exclusively in the state and federal courts located in New York State, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of The Markup to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.

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Questions

Please email tou@themarkup.org with any questions you may have about these Terms.

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The Markup, a project of NEO Philanthropy (“The Markup”), has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

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Please provide The Markup with:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
  • Identification of works or materials being infringed
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that The Markup is capable of finding and verifying its existence
  • Contact information about the notifier including address, telephone number, and if available, email address
  • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner

Once proper bona fide infringement is received by the designated agent, it is The Markup’s policy:

  • To remove or disable access to the infringing material
  • To notify the content provider, member, or user that it has removed or disabled access to the material
  • That repeat offenders will have the infringing material removed from the system and that The Markup will terminate such content provider’s, member’s or user’s access to the service
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Procedure to Supply a Counter-notice to the Designated Agent

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of the content provider, member or user
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled
  • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material
  • The content provider’s, member’s or user’s name, address, telephone number, and if available, email address and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which the content provider’s, member’s, or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, The Markup may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at The Markup’s discretion.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at copyrightagent@neophilanthropy.org or at:

Copyright Agent
NEO Philanthropy, Inc.
45 West 36th Street, 6th Floor
New York, NY 10018
212-378-2800