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 PROVIDED IMAGE WAIVER 
 & RELEASE  

 

In order to participate in a demonstration of Clearview AI’s facial recognition image-search products and services (the “Clearview App”), you must agree to this Waiver set out below and by participating in the Demonstration, you agree that such participation shall be subject to this Waiver.
WAIVER TERMS AND CONDITIONS
  1. For the purposes of this Waiver, references to “we,” “our” “us” or “Clearview” shall be to Clearview AI, Inc., a Delaware corporation and its affiliates and subsidiaries.  References to “you,” “your” and similar words in this Waiver are to the individual registering for the Demonstration and agreeing to be bound by the terms of this Waiver. References to “Demonstration” shall mean the online or in-person demonstration of Clearview’s facial recognition image-search products and services that you are participating in. You hereby represent and warrant that you have all necessary right, authority and consent to enter into the terms of this Waiver. 

  2. Notice and Consent: In connection with the Demonstration, you acknowledge that you fully understand and consent to the following:
     
    1. Any real time webcam captured photo of you,  photographic images of you, or the images you provide (“Images”) will be created and stored on a Clearview-owned device or account and within the search history of the Clearview App. You consent to the capture and indefinite storage of such Images. You may not provide Images that consist of an individual 16 years or younger unless such Images concern conduct or activity that you reasonably and in good faith believe may violate federal, state, or local law or is a known resident of the state of Illinois.

    2. The Clearview App will automatically generate an internal numerical figure of the facial Images as they appear in that photograph, known as a facial vector. To the extent that the facial vector constitutes biometric information under any applicable law, you consent to the collection and storage of biometric information derived from the Images by Clearview. 

    3. Clearview will store the photo and face vector collected during the Demonstration indefinitely. Clearview will not disclose or use the Images for other purposes beyond the operation of the Clearview App for the Demonstration. 

    4. As part of the Demonstration, the Clearview App may retrieve photographs of you or the individuals in the Images  which appear on the public Internet and website links to locations where those Images appear online. You consent to Clearview employees and authorized agents viewing those Images and links.

    5. Clearview processing and storing any personal information provided by you in connection with the Demonstration and this Waiver. This includes, but is not limited to, your name, email address, and any other data you provide during the Demonstration. You further consent to Clearview using this information to contact you with information about its products and services for future marketing and sales activities, and to provide you with a copy of this Waiver.

  3. Representations: By participating in the Demonstration, you hereby certify that:
     
    1. You will comply with any Demonstration rules enforced by us from time to time which are communicated to you or made available online.

    2. You are above the age of 18.

    3. You are employed or authorized by a government agency, entity, or a government contractor of such an entity, and are authorized by your supervisor to gather information about the potential use of the Clearview App by your employing or affiliated law enforcement agency or entity. 

    4. You are freely and consciously choosing to participate in the Demonstration.

    5. You have fully read and understood this Waiver, and that you are providing your informed consent to the terms of this Waiver.

  4. Release: You hereby waive and release, indemnify, and forever discharge Clearview and its agents, resellers, employees, officers, directors, affiliates, successors, members, and assigns (“Clearview Releasees”), from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to the Demonstration, the Images, or the Clearview App. Clearview’s liability, including but not limited to, a failure of Clearview to meet its obligations hereunder, shall not exceed the amounts paid by you to Clearview in connection with the Demonstration (if any). 

  5. The terms of this Waiver will continue in full force and effect following the end of the Demonstration. This Waiver is binding upon you, your heirs, executors, legal representatives, successors and assigns. The provisions of this Waiver will continue in full force and effect even after the termination of the Demonstration, whether by agreement, by operation of law, or otherwise.

    If any term or provision of this Waiver is invalid, illegal or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other term or provision of this Waiver or invalidate or render unenforceable that term or provision in any other jurisdiction. This Waiver shall be governed by and construed under the laws of the state or country indicated in the registration information that you provide in connection with this Demonstration and Waiver.

  6. By signing this Waiver, you represent and warrant that: (i) you have read, understand and fully agree to the terms of this Waiver; (ii) you are giving up potential future legal rights and claims you may have; (iii) you are signing this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to you; (iv) your signature is proof of your intention to execute a complete and unconditional Waiver of all liability to the full extent of the law; and (v) Clearview may retain any contact information provided by you in connection with the Demonstration for purposes of future marketing and sales activities from Clearview and to share a copy of this Waiver with You.