Microsoft Research Postpartum Mood and Baby Milestones Study Terms
This is a agreement between you and Microsoft Corporation. This agreement sometimes refers to Microsoft as “we,” “us,” or “our.” This agreement applies to the Microsoft Research Postpartum Mood and Baby Milestones Study being run by Microsoft Research (the “study”). You represent that you are at least 18 years of age or have attained the age of majority where you live, that you are a legal U.S. resident, and that all information you supply is true and correct.
One purpose of this study is to determine whether we can use what people say in social media (e.g., in their Facebook or Twitter posts) as indicators of postpartum depression. If successful, this study could assist us in building unobtrusive diagnostic tools that can help new moms recognize possible postpartum depression in order to then reach out for assistance. For more information on who we are or on this project, please visit our project web page at http://research.microsoft.com/ppmd/.
Another purpose of this study is to analyze mentions of baby developmental milestones in social media posts (e.g., when babies first smile, roll over, crawl, etc.). The purpose is to collect data on when these milestones occur from a large sample of people in order to compare mentions of the milestones based on the age of the child, which will help us make better estimates of the age ranges during which these milestones occur.
Please note that this study is not associated with or endorsed by Facebook, Inc. or Twitter, Inc. Your use of the Twitter service or Facebook service is subject to their respective terms of service and privacy policies
2. Study Process; Data Collection
As part of the study, we may ask you to complete the PHQ9 questionnaire, which is a standard assessment tool for determining whether new mothers are suffering from or at risk for postpartum depression. We will ask everyone to fill out a short survey regarding their habits for documenting baby milestones. We will also ask you to give us access to your Twitter and/or Facebook account feeds to undertake a one-time collection of your existing social media feeds. If you filled out the PHQ9 questionnaire, your Twitter and/or Facebook information will be compared with your score on the PHQ9 and compared against language used by people with similar PHQ9 scores. Our hope is to find language that uniquely aligns with high scores on the PHQ9. We will not provide you with your PHQ9 score. We may request future access to your account for additional collections; however we will not have continuous access to your account.
3. Not a Diagnostic Tool
While this study relates to postpartum depression, it is not a tool for diagnosing postpartum depression or any other medical condition. This study will not provide any results to participants, nor is it meant to be a substitute for proper medical care and diagnosis. If you believe that you or someone you know may be suffering from postpartum depression, please seek medical assistance. More information about postpartum depression can be found at our project web page at http://research.microsoft.com/ppmd/.
4. Collection of Personal Information
By participating in the study, you grant Microsoft the right to collect and use information from your Facebook status updates and/or Twitter feed. Such information may include personal information. Microsoft’s collection and use of personal information is subject to the terms of the privacy statement located at http://privacy.microsoft.com/. By participating in the study, you agree that you have read and understood the privacy statement.
5. Voluntary Participation
Your participation in this study is voluntary. We have no obligation to pay you for any Feedback or Personal Information you provide or that we collect from you.
Microsoft will give you the opportunity to enter a sweepstakes to win one of four $250 Amazon.com gift cards, subject to its official rules located at http://research.microsoft.com/en-us/um/legal/SweepstakesRules-PPM.htm.
By participating in the study, you represent and warrant that (a) your participation will not be impaired by, restricted by or interpreted based on any other agreement or obligation, (b) you are over 18 or have attained the age of majority where you live, and (c) you will provide truthful and accurate information in connection with the study.
8. Release; Waiver
You release Microsoft from any and all claims and causes of action you may have now or in the future based upon defamation, invasion of right of privacy, publicity or personality, or other causes of action related to your participation in the study. Participant agrees not to bring any legal action based on any of the grounds specified in this Section). All the rights granted to Microsoft by you in this Agreement are irrevocable and perpetual. You waive all rights to any equitable relief in connection with this Agreement.
9. Term and termination
We will perform a one-time collection of data from your Facebook and/or Twitter accounts. We may request additional collection access at some point in the future, but we will not have continuous access to your accounts. If you wish to stop participating in the survey at any time, you may email email@example.com. If you email us, we will not collect any new data from your accounts, however we will not delete any data that had been collected prior to the date of termination.
10. Limitation of liability
To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages arising out of or that relate in any way to this agreement or its performance. This exclusion will apply regardless of the legal theory upon which any claim for such damages is based, whether the parties had been advised of the possibility of such damages, whether such damages were reasonably foreseeable, or whether application of the exclusion causes any remedy to fail of its essential purpose. Microsoft will not be liable to you for any DIRECT damages related to the STUDY, to the maximum extent the law permits.
If you give us feedback, you give Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft site, software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
This agreement is in electronic form. We have the right to send you information about the study in electronic form. There may be information about the study that the law requires us to send to you. We may send this information to you in electronic form.
We may provide required information to you
• by e-mail at the e-mail address you specified when you signed up for the study, or
• by access to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available; or
• by access to a Microsoft web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail.
13. Applicable Law and Place for Resolving Disputes
Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this agreement.
14. Agreement Interpretation
All parts of this agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this agreement as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this agreement will not change. This agreementis the entire agreement between Microsoft and you regarding the study. It supersedes any other agreement or statements related to the study. The section titles in the agreement do not limit the other terms of this agreement.
Microsoft may assign this agreement, in whole or part, at any time without notice to you.