These Terms of Service (“Terms”) govern your access to and use of the services and Civinomics’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

Eligibility

Use of the Services is void where prohibited. By using the Services you represent and warrant that:

  1. all registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. your use of the Services does not violate any applicable law or regulation.

Authenticity

Speech on Civinomics is NOT anonymous. Civinomics helps voters communicate with their elected officials, and authenticity is an important part of this communication. You agree that any information you provide regarding your identity is accurate and truthful and that any Content you submit is by you and on your own behalf. While there is a place for anonymous speech, Civinomics is NOT intended to help people express their views anonymously.

Reservation of Rights to Change at Any Time

The Services that Civinomics provides may evolve and the form and nature of the Services may change from time to time without prior notice to you. In addition, Civinomics may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Your Content and Usage Information

The Services may include messages to you, which may be targeted to the Content or information on the Services, queries made through the Services, or other information generated by your use of the Services. The types and extent of such communications or similar analytics and messaging by Civinomics on the Services are subject to change. In consideration for Civinomics granting you access to and use of the Services, you agree that Civinomics and its third-party providers and partners may display or otherwise provide communications or messages to you through and within the Services or in connection with the display of Content or information from the Services whether submitted by you or others. Civinomics strives to provide you with controls so that you can make meaningful choices about how your Content is used and how information associated with your usage of the Service may be used. Read our privacy policy to learn more about how we may use service-related information now and in the future. Note: We do not sell or rent your name, address information, or email address for any purpose other than those explicitly authorized by you.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. Civinomics cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

Posters are Responsible for Their Content. All Content, whether it is made available through reports or other aspects of the Services, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

No Endorsements and No Liability for or by Us for Content

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content, including the viewpoints of others, that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will Civinomics be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post, or display on or through the Services.

Your License to Us and Others

By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Civinomics to make such Content available to other companies, organizations, or individuals who partner with Civinomics for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use and your Account Settings. Generally, unless you tell us otherwise, when we send a message or communication to your elected officials, this information will be compiled and made accessible through reports and related functions of the Service.

Civinomics has an evolving set of rules for how API developers can interact with your Content.

Such additional uses by Civinomics, or other companies, organizations, or individuals who partner with Civinomics, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.

You Are Responsible for Your Content and Use of the Service

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. Civinomics will not be responsible or liable for any use of your Content by Civinomics in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted in these Terms to any Content that you submit.

Civinomics Software License

Civinomics gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by Civinomics as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Civinomics, in the manner permitted by these Terms.

Civinomics Rights

All rights, titles, and interests in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Civinomics and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Civinomics name or any of the Civinomics trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Civinomics, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. satisfy any applicable law, regulation, legal process, or governmental request,
  2. enforce the Terms, including investigation of potential violations hereof,
  3. detect, prevent, or otherwise address fraud, security or technical issues,
  4. respond to user support requests, or
  5. protect the rights, property, or safety of Civinomics, its users, and the public.

Civinomics does not disclose personally-identifiable information to third parties except in accordance with our Privacy Policy. Except as permitted through the Services (or these Terms), you have to use the Civinomics API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. You may not do any of the following while accessing or using the Services:

  1. access, tamper with, or use non-public areas of the Services, Civinomics’s computer systems, or the technical delivery systems of Civinomics’s providers;
  2. probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Civinomics (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Civinomics (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Civinomics is expressly prohibited);
  4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
  5. interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

Civinomics respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Civinomics will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Civinomics, Inc.
877 Cedar Street, STE 150
Santa Cruz, CA 95060
info@civinomics.com

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, CIVINOMICS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Civinomics will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Civinomics has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Civinomics or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Civinomics of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIVINOMICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CIVINOMICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severeability

The failure of Civinomics to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You covenant not to bring a claim in any other forum.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Civinomics and you regarding the Services (excluding any services for which you have a separate agreement with Civinomics that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Civinomics and you regarding the Services. We may revise these Terms from time to time, the most current version will be available at civinomics.com/corp/terms. If the revision, in our sole discretion, is material we will notify you via an @Civinomics update or email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by:

Civinomics, Inc.
877 Cedar Street, STE 150
Santa Cruz, CA 95060
info@civinomics.com

Effective: May 5, 2012