Terms of Use — $BIRTH Public
DMX Analytics Inc.
Version 1.0 · Effective [EFFECTIVE DATE]
1. Agreement to these Terms
These Terms of Use ("Terms") are a binding agreement between you, and, where you are registering in the course of your employment or engagement, the organization you represent (together, "you"), and DMX Analytics Inc., a Delaware corporation ("DMX", "we", "us").
By registering for, accessing, or using $BIRTH Public, you confirm that you have read and accept these Terms. If you are registering on behalf of an organization, you confirm that you have authority to bind that organization, and "you" includes that organization.
If you do not accept these Terms, do not register for or use $BIRTH Public.
We record the version of these Terms in force at the time of each registration. The version you accepted governs your use until you accept a later version.
2. Definitions
"Index" means the $BIRTH index of realized United States births, and any index value, series, or print published under that name.
"Free Data" means the index values and accompanying material that DMX makes available through $BIRTH Public, as described in Section 3.
"Methodology Paper" means the document describing the construction, parameters, and limitations of the Index, as published by DMX from time to time.
"Materials" means, together, the Free Data, the Methodology Paper, the revision log, and any other content DMX makes available through $BIRTH Public.
"Print" means a single scheduled publication of the Index for a given reference period, identified by its publication date.
"Licensed Products" means DMX's paid data products, including without limitation the Raw Index Feed, Regional + Supply, and the Net Labor Capacity Suite, which are governed by separate written agreements and not by these Terms.
"Internal Purposes" means use within your organization, by your personnel, for your organization's own research, analysis, planning, reporting, and decision-making — and, where you are an individual academic or journalist, your own research or reporting.
3. What $BIRTH Public provides
$BIRTH Public consists of:
- the national $BIRTH print, published monthly, on or about the schedule on which the corresponding federal provisional natality estimate is released;
- the Methodology Paper; and
- a summary revision log for the national print.
$BIRTH Public does not include state-level or sub-national series, historical back-series, programmatic or API access, bulk download, forward labor supply series, demand series, or the Net Labor Capacity composites. Those are Licensed Products.
$BIRTH Public is provided free of charge. We may change what it includes, its publication schedule, or its format at any time, and we may discontinue it entirely. We will use reasonable efforts to give notice of material changes but are not obliged to do so.
4. License granted to you
Subject to your compliance with these Terms, DMX grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license, for so long as these Terms remain in force, to:
(a) Use. Access, view, download, and use the Free Data for Internal Purposes.
(b) Cite. Publicly quote or reproduce insubstantial extracts of the Free Data — for example, a single month's index value, or a small number of values — in research notes, academic papers, articles, presentations, and similar commentary, provided you comply with the attribution requirements in Section 6.
(c) Read the Methodology Paper. Access and read the Methodology Paper for Internal Purposes, and cite it in the ordinary academic or professional manner.
This license grants you no rights other than those expressly stated. All rights not expressly granted are reserved.
5. Restrictions
You must not, and must not permit or assist any other person to:
(a) Redistribute. Distribute, publish, transmit, sell, license, sub-license, lease, rent, or otherwise make the Free Data or the Methodology Paper available to any person outside your organization, except as expressly permitted by Section 4(b).
(b) Create substitute or derived products. Create, publish, or distribute any dataset, index, series, feed, benchmark, model output, or product that reproduces the Free Data, that is derived from the Free Data in a way that substitutes for it or for any Licensed Product, or that would allow a third party to reconstruct the Free Data. Internal analysis and modeling that uses the Free Data as an input, and whose outputs are used for Internal Purposes, is permitted and is not restricted by this paragraph.
(c) Use as a reference, index, or adjustment basis in any contract. Use, or permit any other person to use, the Index or the Free Data as a reference rate, reference index, benchmark, settlement price, valuation input, calculation basis, escalation or indexation basis, or underlier, or as the basis on which any price, wage, rent, fee, payment, or other amount is set or adjusted, in or in connection with any contract, agreement, instrument, or arrangement whatsoever, whether or not it is a financial contract and whether or not it is traded on or cleared through any venue. Without limiting the generality of that prohibition, it applies to any financial instrument, derivative, structured product, fund, note, contract for difference, insurance or reinsurance contract, and equally to any commercial contract that adjusts an amount by reference to a published value, including an employment agreement, a collective bargaining agreement, a staffing or services agreement, a lease, and a construction or supply contract. The permission for Internal Purposes in Section 4(a) does not permit any use described in this paragraph, including use in a contract between you and your own personnel. Any right to reference the Index or the Free Data in a contract is granted only under a separate written reference-rights license from DMX, and no such right is granted by these Terms. See also Section 12.
(d) Access by automated means. Scrape, crawl, harvest, or use any robot, spider, or automated process to access, monitor, or extract the Materials; or access the Materials other than through the interface DMX provides. Programmatic access is available under a Licensed Product.
(e) Circumvent or share access. Share, sell, or transfer your registration credentials; register under a false identity or on behalf of an undisclosed principal; use another person's registration; or circumvent any access control, rate limit, or technical measure.
(f) Misrepresent. Present the Free Data as your own; present modified values as the Index; attribute to DMX any value, statement, or conclusion that DMX has not published; or use DMX's name or marks in a way that implies sponsorship, endorsement, partnership, or approval of you, your organization, or your products.
(g) Remove notices. Remove, obscure, or alter any attribution, copyright, trademark, version, or disclaimer notice.
(h) Use unlawfully. Use the Materials in violation of any applicable law or regulation, or in violation of the terms on which any upstream data source makes data available.
6. Attribution
Wherever you cite, quote, or reproduce any part of the Free Data under Section 4(b), you must attribute it in substantially the following form:
Source: $BIRTH Index, DMX Analytics Inc. Print of [publication date].
Citing the print date is required, not optional. Index values are subject to revision (Section 9), and the print date identifies which vintage you relied on. A citation without a print date does not identify a specific value and is not compliant attribution.
Where the medium permits, please also link to https://dmxanalytics.info.
7. Registration
To access $BIRTH Public you must register and provide accurate, current, and complete information. You must keep it up to date.
We may require registration using an email address at your organization's own domain, and may decline or revoke registrations made using generic, disposable, or free consumer email domains.
You are responsible for all activity occurring under your registration. Notify us promptly at [privacy@dmxanalytics.info] if you believe your registration has been compromised.
We may refuse, suspend, or terminate any registration at our discretion, including where we reasonably believe these Terms have been breached.
8. Personal data
Information you provide when registering, and information about your use of $BIRTH Public, is handled in accordance with our Privacy Notice at [LINK], which forms part of these Terms.
In summary, we use registration information to provide $BIRTH Public, to understand who uses the Index and for what purposes, to improve our products, and — where you have opted in — to send you information about DMX products.
9. Provisional data, revisions, and continuity
You acknowledge and agree that:
(a) The underlying data is provisional. The Index is constructed from provisional birth counts published by federal and state vital-statistics authorities. A birth is registered days to weeks after it occurs, so recently published counts are systematically incomplete and rise toward their final values over time. This is a property of the source data, not a defect in the Index, and it is described in the Methodology Paper.
(b) Values may be revised. Index values published through $BIRTH Public may be revised, including where a source jurisdiction revises its own published data. Revisions are recorded in the revision log.
(c) Nothing is guaranteed to continue. DMX does not warrant that any print will be published on any particular date, that the Index will continue to be published, that $BIRTH Public will remain free, or that any historical value will remain available. DMX may change the Index methodology, its parameters, its composition, or its publication schedule in accordance with the Methodology Paper.
(d) Source dependency. The Index depends on data published by third parties. DMX has no control over those parties, their schedules, their accuracy, or their continued publication.
(e) Upstream conditions pass through to you. Some publishers make their data available subject to stated conditions — for example, a condition that the data be used for statistical reporting and analysis, a required attribution, or a minimum cell-size suppression rule. Where a condition attaches to data underlying the Index, it attaches to your use of the Free Data as well. In particular, and without limiting Section 5(h), you must use the Free Data for statistical reporting and analysis only, and you must not attempt to identify any individual from it or link it to individually identifiable data.
(f) DMX warrants no redistribution rights in the underlying sources. The license in Section 4 is DMX's own grant, in respect of DMX's own compilation and the Index as DMX publishes it. It is not a pass-through of any right granted to DMX by any upstream publisher, and DMX makes no representation or warranty that you hold, or that DMX holds, any right to redistribute any underlying source's data. Section 4(b) permits citation of the Index. It does not permit republication of any source jurisdiction's own published table, whether or not that table is recoverable from the Index.
(g) Composition disclosure. DMX publishes, with each print, the share of that print attributable to sources whose redistribution position rests on inference rather than on an express written grant. This is a disclosure about DMX's upstream rights position, not about the accuracy of the underlying counts, which is unaffected.
10. No warranty
The Materials are provided "as is" and "as available".
To the fullest extent permitted by law, DMX disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement, and any warranties arising from course of dealing or usage of trade.
DMX does not warrant that the Materials will be accurate, complete, current, uninterrupted, error-free, or free of harmful components, or that defects will be corrected.
DMX exercises care in constructing the Index and publishes its methodology and limitations openly. That does not amount to a warranty of any kind.
11. No investment, legal, tax, or professional advice
The Materials are provided for informational purposes only. They are not investment advice, a recommendation, an offer, or a solicitation of an offer to buy or sell any security or financial instrument, and they are not legal, tax, actuarial, accounting, or other professional advice.
Nothing in the Materials constitutes an offer to sell, or a solicitation of an offer to buy, any security or interest in DMX.
Any decision you make in reliance on the Materials is your own. You are solely responsible for evaluating the merits and risks of any such decision, and for obtaining your own professional advice.
12. Not a regulated benchmark
The Index is designed with reference to the IOSCO Principles for Financial Benchmarks. Alignment with those principles by design is not the same as certification, third-party assurance, or regulatory authorization, and no such certification, assurance, or authorization is claimed.
DMX is not registered or authorized as a benchmark administrator under Regulation (EU) 2016/1011, the UK Benchmarks Regulation, or any equivalent regime. The Index is not provided, and must not be used, as a "benchmark" within the meaning of those regimes, and must not be used in the manner described in Section 5(c).
13. Intellectual property
(a) DMX's rights. As between you and DMX, DMX owns and retains all right, title, and interest in and to the Index, the Materials, the methodology, the parameter schedules, the selection, arrangement, and presentation of the data, all software and systems used to produce them, and all intellectual property rights in any of the foregoing.
(b) Marks. "$BIRTH", "Net Labor Capacity", "NLC", "DMX", and "DMX Analytics", together with associated logos, are marks of DMX. Section 4(b) permits you to name the Index when attributing it. It does not grant you any other right to use DMX's marks.
(c) Underlying facts. DMX does not claim ownership of the underlying vital-records data published by state authorities. Your obligations in respect of the Free Data arise under these Terms as a matter of contract, and are independent of whether any individual value is separately protected by copyright.
(d) The Methodology Paper. The Methodology Paper is an original work of authorship owned by DMX and protected by copyright. Section 4(c) permits you to read and cite it. It does not permit you to reproduce or redistribute it.
14. Feedback
If you send us comments, corrections, suggestions, or other feedback about the Index or the Materials, you grant DMX a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you. We are glad to receive methodological criticism and this clause exists so that acting on it is straightforward, not so that we can take anything from you.
15. Suspension and termination
You may stop using $BIRTH Public at any time, and may ask us to close your registration by writing to [privacy@dmxanalytics.info].
We may suspend or terminate your access at any time, with or without notice, including where we reasonably believe you have breached these Terms.
On termination: the license in Section 4 ends immediately; you must stop using the Materials and delete copies in your possession, except that (i) you may retain copies to the extent required by law or your bona fide internal record-retention or regulatory obligations, and (ii) attributions in already-published research or reporting need not be withdrawn.
Sections 5, 6, 9, 10, 11, 12, 13, 14, 16, 17, 19, and 20 survive termination.
16. Limitation of liability
To the fullest extent permitted by law:
(a) DMX will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, opportunity, goodwill, anticipated savings, or data, however caused and on any theory of liability, whether or not DMX has been advised of the possibility of such damages.
(b) DMX's total aggregate liability arising out of or relating to these Terms or $BIRTH Public, on any theory of liability, will not exceed one hundred United States dollars (US$100).
(c) You acknowledge that $BIRTH Public is provided free of charge, that the allocation of risk in these Terms reflects that fact, and that DMX would not provide $BIRTH Public on these terms without it.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.
17. Indemnity
You will indemnify and hold harmless DMX and its officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to your use of the Materials in breach of these Terms, your misrepresentation of the Index or of DMX, or your violation of applicable law or of any third party's rights.
18. Changes to these Terms
We may amend these Terms. The current version, its version number, and its effective date are published at [LINK]. Superseded versions are archived and remain available.
Where an amendment is material, we will give notice by email to the address on your registration, or by notice on the site, before it takes effect. Continued use after the effective date of an amended version constitutes acceptance of it. If you do not accept an amended version, stop using $BIRTH Public and close your registration.
19. General
(a) Governing law. These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.
(b) Jurisdiction. The state and federal courts located in [Delaware] have exclusive jurisdiction.
(c) Entire agreement. These Terms, together with the Privacy Notice, are the entire agreement between you and DMX regarding $BIRTH Public, and supersede any prior understanding on that subject. Where you also hold a Licensed Product under a separate written agreement, that agreement governs the Licensed Product and these Terms govern $BIRTH Public; in the event of conflict as to a Licensed Product, the separate agreement prevails.
(d) No waiver. A failure to enforce any provision is not a waiver of it.
(e) Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed, and the remaining provisions continue in effect.
(f) Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
(g) No third-party beneficiaries. These Terms do not confer rights on any person other than you and DMX.
(h) Export and sanctions. You represent that you are not located in, and are not acting on behalf of any person located in, a jurisdiction subject to comprehensive US sanctions, and that you are not a person with whom US persons are prohibited from dealing.
20. Contact
DMX Analytics Inc. [REGISTERED ADDRESS] [privacy@dmxanalytics.info]