Terms of Use

Please read these Terms of Use (the “Terms”) carefully. The Terms are a binding agreement between you and The Trace (“The Trace” or “we”) that govern your use of The Trace’s database currently known as the “Gun Violence Data Hub (the “Database”).

BY ACCESSING THE DATABASE, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE DATABASE IMMEDIATELY.

  1. Modification of Terms. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. IF YOU USE THE DATABASE AFTER WE HAVE POSTED AN UPDATED VERSION OF THESE TERMS, YOU WILL ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS WILL APPLY RETROACTIVELY.
  2. License Grant. Subject to and conditioned on your compliance with Section 3 of these Terms, The Trace grants you the limited, revocable, and non-transferable right and license to access and use the Database solely for editorial news reporting and/or governmental, policy and/or academic research (the “Purpose”). As between you and The Trace, The Trace owns the Database and all applications, tools, systems, platforms and technology used to make the Database available (collectively, the “Licensed Service”) and all components and content thereof and all intellectual property, proprietary and other rights of any kind in and to the Licensed Service. We reserve all rights not expressly granted in these Terms.
  3. Conditions of Use.

    1. Limited Purpose. You shall use the Licensed Service only for the Purpose.
    2. Accuracy of Data. The Database contains data obtained by The Trace from third parties, such as governmental agencies, medical organizations and academic institutions and others. We are not responsible for, and are not able to verify the accuracy and completeness of, such data. You acknowledge that the data contained in the Database may contain errors or omissions. You should take such steps to verify the accuracy and completeness of such data as you deem appropriate.
    3. Responsibility for Use of Data. You are solely responsible for your use of any data obtained by you via the Licensed Service. You shall ensure that any article, story, presentation, publication or other material prepared or published by you or any of your employees, contractors or agents that includes, summarizes or refers to any data obtained via the Licensed Service (each, a “Report”) does not state or imply that The Trace had any involvement in the preparation of the Report, unless otherwise expressly agreed by The Trace.
    4. Attribution. In connection with each Report, you shall publish a statement in substantially the following form: “Data referenced in this story comes from the Gun Violence Data Hub, a project of The Trace. Reporting from this story was conducted by [YOUR NAME].”. If requested by The Trace, you will remove such attribution.
    5. No Interference with Platform. You shall not take any action that (a) interferes or attempts to interfere with the proper working of the Licensed Service or disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Licensed Service, (b) circumvents, disables, or interferes or attempts to circumvent, disable, or interfere with any security-related feature of the Licensed Service or any feature that prevents or restricts use, access to or copying of any data or enforces limitations on use of the Licensed Service or data contained therein or (c) imposes or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on the Licensed Service infrastructure.
    6. Compliance. You shall ensure that your use of the Licensed Service and any data accessed using the Licensed Service is at all times compliant with all applicable local, state, federal and international laws, regulations and orders and does not violate the rights of any person or entity.
    7. Restrictions. You shall not: (i) export the contents of the Database; (ii) reverse engineer, decompile, deconstruct or otherwise decode any portion of the Licensed Service or seek to obtain any source code used in the Licensed Service; (iii) sell, rent, distribute or lease the Licensed Service or any component thereof to any third party, provide any third party with access to the Licensed Service or any component thereof, incorporate the Licensed Service into any other product or service, or sell, license, provide or distribute any output of the Licensed Service or any data obtained via the Licensed Service to any third party; or (iv) make the Licensed Service or any component thereof available to any third party. You shall use commercially reasonable efforts to protect against any unauthorized use of the Licensed Service. You shall comply with any additional terms of use or other requirements, policies or documentation provided in or in connection with the Licensed Service, as the same may be amended from time to time. You shall not in any way alter, change, modify, adapt, translate or make derivative works of the Licensed Service or any component thereof, transmit or introduce into the Licensed Service or any network, hardware or system relating thereto any virus or programming routine intended to damage, surreptitiously intercept or expropriate any system, data or personal information, or derive source or object code from the Licensed Service or any component thereof.
    8. No Publicity. You acknowledge that these Terms do not authorize you to use the name of The Trace (except as specified in Section 3.c) or any trademarks or logos of The Trace, or to refer to yourself as a partner of The Trace. Except to the extent specified in Section 3.c, you shall not publicize or disclose the relationship between you and The Trace unless you and The Trace have entered into a separate agreement that expressly permits such publicity or disclosure.
    9. Account. We have the right at any time to require the creation of an account as a condition to access to and/or use of the Licensed Service, on such terms and conditions as we may require.
    10. Consequences of Violation. For clarity, we will have the right to terminate the license set forth in these Terms immediately upon written notice to you if you violate the scope of or any restriction on the license set forth in Section 2 or any of the conditions set forth in this Section 3.
  4. Limitations; Disclaimers; Feedback.

    1. Modifications. We reserve the right to change the Licensed Service (including the content, appearance, design, functionality and all other aspects thereof), any rules, policies or requirements applicable to the Licensed Service and/or any access procedures, tools, documentation, format requirements, communications protocols and services provided in connection with the Licensed Service, at any time for any reason, with or without notice to you.
    2. Availability. We disclaim any and all responsibility for, make no warranties or promises with respect to, and will not have any liability with respect to, any unavailability or lack of functionality of the Licensed Service. You acknowledge that availability of the Licensed Service may be affected by (a) telecommunication network activity or capacity, (b) hardware failures, and/or (c) compatibility with third party communication equipment, Internet access software and/or browsers. You are responsible for providing all equipment and telecommunication services necessary to access the Licensed Service.
    3. Third-Party Technology. We may, in our discretion, integrate software or technology provided by third parties into the Licensed Service. We disclaim any and all responsibility for, makes no warranties or promises with respect to, and will not have any liability with respect to, any such third-party software or technology.
    4. Feedback. You hereby grant to us a royalty-free, fully paid-up, irrevocable, worldwide, perpetual license to use, disclose and exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide relating to the Licensed Service or any other products or services, without restriction, including to improve the Licensed Service and to develop, market, offer, sell and provide other products and services.
  5. Disclaimer of Warranties. THE LICENSED SERVICE AND THE DATA PROVIDED VIA THE LICENSED SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. THE TRACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF ERRORS, LACK OF VIRUSES, QUALITY, AND NONINFRINGEMENT. WITHOUT LIMITATION OF THE FOREGOING, THE TRACE DOES NOT (A) WARRANT THAT YOUR USE OF THE LICENSED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO ANY DATA PROVIDED VIA OR CONTAINED IN THE LICENSED SERVICE, INCLUDING ANY WARRANTY THAT SUCH DATA IS ACCURATE, UP-TO-DATE OR COMPLETE OR THAT THE TRACE HAS REVIEWED OR VERIFIED ANY SUCH DATA OR (C) MAKE ANY WARRANTIES OF ANY KIND WITH RESPECT TO ANY SOFTWARE OR TECHNOLOGY PROVIDED BY ANY THIRD PARTY THAT IS INCORPORATED IN OR INTEGRATED WITH THE LICENSED SERVICE. WE ARE NOT LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THE TRACE, INCLUDING ANY HARM OR DAMAGES CAUSED BY ANY THIRD PARTY HOSTING PROVIDER OR INTERNET SERVICE PROVIDER.
  6. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES ATTRIBUTABLE TO ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR THAT RELATE IN ANY WAY TO THESE TERMS OR THE LICENSED SERVICE. ANYTHING IN THESE TERMS TO THE CONTRARY NOTWITHSTANDING, AND WITHOUT LIMITING THE APPLICATION OF ANY OTHER PROVISIONS OF THESE TERMS THAT LIMIT THE TRACE’S LIABILITY, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHER CAUSE OF ACTION, EXCEED $1,000.
  7. Intellectual Property Rights. You agrees that we or our suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Licensed Service and any and all related and underlying technology and documentation, and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate feedback (collectively, the “Trace Technology”). Except for the limited license expressly set forth in these Terms, no right, title or interest in any The Trace Technology is granted to you.
  8. Indemnification. You shall indemnify, defend and hold harmless The Trace, each of its parent companies, subsidiaries and affiliates and each of their respective officers, directors, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including attorneys’ fees) harmless from any claims, actions, losses, liabilities, damages, costs and expenses (including attorney’s fees and court costs) made, incurred, assessed or awarded against The Trace by any third party arising out of or in connection with (a) your use of the Licensed Service or any data provided via the Licensed Service or (b) any breach by you of any representation, warranty or obligation in these Terms or any allegation that, if proven, would constitute such a breach. You shall not settle or compromise such claim, except with prior written consent of the Indemnified Party. The Indemnified Party may participate in the defense or settlement of such claim at its own expense and with its own choice of counsel.
  9. Miscellaneous Terms.

    1. Assignment, Successors. You shall not assign, transfer or sublicense these Terms or any rights granted in these Terms. Any assignment, transfer or delegation in contradiction of this provision will be null and void. We will have the right to assign these Terms to a parent company, subsidiary or affiliate, to any successor of The Trace or any of The Trace’s parent companies, subsidiaries or affiliates, or in connection with the divestment by The Trace of the business to which these Terms relate or a reorganization, merger or consolidation or sale or other disposition of such business, The Trace or all or some of the assets of The Trace. Subject to the foregoing, these Terms will bind and inure to the benefit of the successors and assigns of you and The Trace.
    2. Construction. Whenever used in these Terms, unless otherwise specified, the terms “includes”, “including”, “e.g.”, “for example”, “such as”, “for instance” and other similar terms are deemed to include the term “without limitation” immediately thereafter. The headings of sections and subsections of these Terms are for convenience of reference only and are not intended to affect the interpretation or construction of any provision of these Terms.
    3. Entire Agreement. These Terms constitute the entire agreement, understanding and representations, expressed or implied, between The Trace and you with respect to subject matters described herein, and these Terms supersede all prior communications, agreements, representations, warranties, statements, negotiations, understandings and proposals, with respect to such subject matters. Any rights not expressly granted herein are reserved.
    4. Force Majeure. If, due to an Event of Force Majeure, a party is unable to perform or is delayed in performance of any of its material obligations pursuant to these Terms (except for payment), then such party will be excused for such non-performance or delay, as applicable, of those obligations affected by the Event of Force Majeure for as long as such Event of Force Majeure continues. The following will be deemed to be an “Event of Force Majeure”: any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, failure or inability to obtain any necessary permit or license, failure, delay or impairment of equipment or technical facilities, failure, delay or reduction in transportation facilities or water, electricity or other public utilities, Internet outage or delays or other cause not reasonably within the relevant party’s control.
    5. Governing Law; Jurisdiction. These Terms and all questions arising in connection with these Terms will be governed by, and construed in accordance with, the laws of the State of New York without giving effect to the principles thereof relating to conflicts of laws. Each of the parties hereto irrevocably (a) agrees that the federal courts of the Southern District of New York and the New York state courts located in New York, New York will have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms, (b) submits to the venue and jurisdiction of such courts, (c) consents to personal jurisdiction by such courts and (d) waives any objection that any such court is an improper or inconvenient forum.
    6. Notice. We may communicate with you by posting notices via the Licensed Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
    7. Waiver, Severability, Amendment. Waiver of a breach of or right pursuant to these Terms will not constitute a waiver of any other or subsequent breach or right. If any provision herein will be held by a court of competent jurisdiction to be contrary to law, that provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.

Last Updated: October 30, 2024