The NVIDIA Corporation (“NVIDIA”) Trustworthy AI team is leading a data collection effort to build a user-generated dictionary for American Sign Language in partnership with Hello Monday. Thank you for your interest in this data collection for American Sign Language (the “Program”). Please note that your participation in the Program is entirely voluntary.
By participating in the Program, you are affirming that you have read, understand, and agree to be bound to these terms.
NVIDIA believes everyone has the right to expression. At the same time, NVIDIA recognizes that some communities lack equitable access to means of expression. NVIDIA is collecting this dataset primarily to help hearing families communicate with their Deaf children via American Sign Language and help bridge the communication barrier between the larger Deaf and the hearing communities. As such, NVIDIA is making this dataset public and broadly available to enable third-parties to develop applications that can be instructive and helpful for this shared purpose.
You can request access to your data, removal of your data from NVIDIA’s future use or distribution, or correction of your data at any time by contacting [email protected]. You will need the unique ID issued after your contribution to make these requests. Please retain the unique ID for future reference. Please note that NVIDIA is not able to remove your data from previous versions of distributed datasets. The data collected will be used only for the purposes described below and for no other purpose. Visit https://www.nvidia.com/en-us/about-nvidia/privacy-policy/ for more information.
Data Collection. As a participant, videos of you doing sign language will be captured (“Footage”). As part of NVIDIA’s efforts to combat bias in its products and services, if you decide to participate in this data collection, NVIDIA asks that you self-identify your age range, gender, and race/ethnicity, sign language proficiency, and hearing ability. In the absence of self-identification, the Footage will be tagged with estimation of age, gender, and race/ethnicity to communicate data diversity. Please do not participate in this data collection if you do not consent to this processing activity.
Data Usage.The Footage will be used by: (1) NVIDIA for its research and development (e.g., training, validation, evaluation of AI models) and promotion and marketing of its AI products and services including Maxine (e.g., https://developer.nvidia.com/maxine), and (2) third-parties working on advancing access to technology for the Deaf community, in each of (1) and (2) for both commercial and non-commercial purposes.
Data Sharing. The Footage will be distributed publicly to allow third-parties to use for their purposes such as the American Society for Deaf Children who are working on advancing access to technology for the Deaf community, and with NVIDIA’s partners and customers for NVIDIA’s business purpose including, but not limited to, research and development, and marketing and promotion efforts as described in Data Usage above (collectively, “Purpose”). When sharing the Footage with third-parties for their independent purposes, your demographic data will be shared at the aggregate level. The Footage also may be shared with NVIDIA’s third-party processors for the Purpose, or as required by law.
Privacy Protections at NVIDIA. NVIDIA will implement the following protections while storing the Footage at NVIDIA:
Contact. Please contact [email protected] with questions regarding this data collection or how the data will be used, or visit www.nvidia.com/en-us/about-nvidia/privacy-policy/ for more information.
By providing the following information and participating in the Project, you consent to being photographed and video/audio recorded by NVIDIA and its affiliates (“NVIDIA”) or by third-parties on NVIDIA’s behalf including Hello Monday.
You also consent and grant NVIDIA the unlimited, worldwide and perpetual right to edit, use, reproduce, perform, display, and share with third-parties any and all such photographs, videos/audios and data taken of, or provided by you, for the Purpose.
You represent that you are eighteen (18) years of age or older.
THE PROGRAM AND ANY CONTENT ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR ARISING UNDER THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NVIDIA OR ITS AFFILIATES BE LIABLE UNDER ANY LEGAL THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE ARISING FROM THESE TERMS, FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS OF ANY KIND, EVEN IF NVIDIA OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NVIDIA.
Governing Law
All matters relating to these terms, the Program and any Disputes (as defined below) will be governed in all respects by the laws of the United States and the laws of the State of Delaware, without respect to conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. Notwithstanding the preceding sentences with respect to the substantive law governing these terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, "FAA") governs the interpretation and enforcement of the Binding Arbitration provision below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable law. If the FAA is found to not apply to any issue that arises from or relates to the Binding Arbitration provision, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by the parties. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Santa Clara County, California, for any actions for which NVIDIA retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights, as set forth in the Binding Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the Santa Clara County, California is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Binding Arbitration provision below is found to be unenforceable.
Binding Arbitration
You and NVIDIA agree all Disputes will be resolved by arbitration administered by the office of Judicial Arbitration and Mediation Services (“JAMS”) under its Comprehensive Arbitration Rules and Procedures then in effect for JAMS. If the amount of the Dispute is less than $10,000, then JAMS’ Optional Expedited Arbitration Rules and Procedures will apply. The dispute (including whether the claims asserted are arbitrable) will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. If there is any conflict between this section and any procedural or other rules issued by the administrator, this section will control. Except as required by applicable law or court order, you and NVIDIA agree to maintain confidentiality (and request the arbitrator to maintain confidentiality) of all aspects and outcomes of the arbitration, except a party may disclose information regarding the arbitration to (i) enforce this clause or an arbitration award or (ii) seek provisional remedies from a court of competent jurisdiction. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages greater than the amount, or other than the types, allowed by these terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. You and NVIDIA agree the arbitration award will be final and binding without appeal or review except as permitted by governing law. The arbitration proceedings will take place in Santa Clara County, California and be conducted in English. You and NVIDIA agree nothing in this section will limit the right of either party to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.
If this arbitration provision is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of the arbitration provision, which will remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration. Notwithstanding the foregoing, if the Class Action, Representative Action & Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this arbitration provision will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
Class Action, Representative Action & Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS NVIDIA AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES. YOU AND NVIDIA AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL DISPUTE(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER PARTICIPANTS. YOU AND NVIDIA AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NVIDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Right to Opt-Out
You may opt-out of the foregoing jury trial, class action, arbitration, and collective or consolidated proceeding waiver provisions by notifying NVIDIA in writing within 30 days of commencement of your participation in the Program or within 30 days of any future change NVIDIA may make to the arbitration provisions in these terms. Such written notification must be sent by mail to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California, 95051, Attention: Legal Department and must include (1) your name, (2) your address, (3) the reference to the NVIDIA Data Collection for American Sign Language , and (4) a clear statement indicating that you do not wish to resolve disputes through arbitration and demonstrating compliance with the 30-day time limit to opt-out. Any opt-out notification received after the opt-out deadline or not including the required items noted in (1)-(4) in the preceding sentence will not be valid and you will be required to pursue your Dispute in arbitration or small claims court. Opting out of this dispute resolution procedure will not affect the terms and conditions of these terms, which still apply to you. If you opt-out of any future change NVIDIA may make to the arbitration provisions in these terms, the most recent version of such change before the change you rejected will apply.