These Terms of Service were last revised on December 17, 2015
Welcome to the Apptivism, where we help you, help us, help you, help us, help you, help us, help you keep our elected representatives accountable to the people that elected them. Our motto is "no legislation without representation." Are you still reading? Really? Well, let's get into the boring stuff then.
The website and mobile application can be found at www.apptivism.us.
By registering an account with Apptivism, you agree to provide true, accurate, current and complete information about yourself (the "REGISTRATION DATA"), and maintain the REGISTRATION DATA and update it promptly to keep it true, accurate, current and complete.
The Apptivism is intended solely for users who are thirteen (13) years of age or older. Anyone under the age of thirteen (13) is not authorized to use the Apptivism and registration by such will constitute a violation of these terms. By registering and using Apptivism, you certify that you are thirteen (13) years or older and you agree to comply with all of the terms and conditions for registration and usage of the Apptivism app and website. Any accounts that are registered by users that we believe to be under the age of thirteen (13) will be deleted along with any corresponding information input into the Apptivism by that user.
Registration of a Apptivism account grants you access to the services that the Apptivism chooses to provide and maintain from time to time at its sole discretion. If you access the Apptivism by using a third-party service, you permit the Apptivism to access, use, and store your information, including log-in documentation, that is stored on that service, as is allowed by that service. The Apptivism maintains various account types for different user types. Any user who registers an account on behalf of an entity other than themselves (e.g. a company or organization), then you certify that you are authorized to represent that entity and that you have the authority to bind that entity to these terms and conditions by registering the account on that entities behalf.
Apptivism strongly encourages you to set up and maintain a "strong" password for your account. It is never permitted to use the account of another user without that user's permission to do so. If your account is breached at any time, you agree to promptly notify Apptivism of the unauthorized use of your account at email@example.com. You retain sole responsibility for the activity on your account and for the security of your password. Apptivism is not responsible, and will not be held responsible or liable, for the loss incurred by any unauthorized access of your account.
By providing your email address to Apptivism, you expressly consent to receiving email from us. This may include service related notices in place of communication by postal mail, changes to features, and/or special offers. We will not deliver your email address to a third party to contact you directly. The only way to opt out of receiving all forms of communication from Apptivism is by termination of your account.
2. Acceptable Use
The following licenses are required in order to allow Apptivism to function properly, develop our services and make those services available to you. This includes personalized content, advertising, the ability for you to communicate with Apptivism and with other users, whether on Apptivism itself or through social media.
You retain ownership of any information that you upload/distribute on or through Apptivism. This includes, data, video, audio, text, photography, images, logos, links graphics and any other content.
While using Apptivism, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations. You may distribute content via any of the services provided by Apptivism app or website only in conformity with the terms herein. The content you upload and the consequences of uploading that content are your sole responsibility. You warrant that the content you upload does not infringe upon any privacy right, publicity right, trademark, copyright, or any property or intellectual property right of a third party.
All content of the services of Apptivism, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or materials, associated technology and software, and the look and feel of Apptivism (collectively, "Content"), are the proprietary property of Apptivism or its licensors and are owned by Apptivism or its licensors, as applicable. Any rights to Content not expressly granted to you herein are reserved by Apptivism. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit Apptivism or Content in any form or by any means, in whole or in part, without express written permission from us, and any such use is strictly prohibited, except in regards to your own Materials posted on Apptivism in accordance with the Terms or as expressly allowed in these Terms.
You agree that Apptivism has no liability or responsibility for the storage or deletion of any content that you submit or post or communication you send via the service. Apptivism reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
We grant you the right to use Apptivism in accordance with these terms and only for non-commercial purposes.
By uploading, posting or otherwise distributing materials on Apptivism, you explicitly consent that other users of the Service may access, display, view, store and/or download those materials, and post or forward such materials to others who may or may not be registered users of the Service. You hereby grant (and represent and warrant that you have all necessary rights to grant) to to us a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit the Communications, in all media now known or developed in the future. By uploading content to Apptivism, you permit Apptivism to attribute your identity to that content in any form. To revoke this license to present and attribute your content to you, you must remove that content from Apptivism.
You are not permitted to copy, distribute, reverse engineer, publicly display or perform, translate, adapt, port, modify or make derivative works off of the Apptivism. You may not attempt to access or derive the Apptivism software or source code. You may not attempt to gain unauthorized access to any portion or feature of Apptivism, or any other systems or networks connected to Apptivism or to any Apptivism server, or to any of the services offered on or through Apptivism, by hacking, password "mining" or any other illegitimate means. You may not upload, publish or post any materials to Apptivism that contains any file designed to interrupt, damage or limit the performance of the Apptivism functions or services, including software, hardware, networks, servers, telecommunications or equipment.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from Apptivism, except for Internet search engines without express prior permission given by Apptivism.
You will not publish through Apptivism any content that is commercial in nature, including solicitation of funds, advertising, promotion, or solicitation without prior written permission by Apptivism Inc.
You agree to abide by the Apptivism Community Guidelines and any future updates to those guidelines.
3. Mobile Software
Apptivism does not guarantee compatibility of the Mobil Software with your Mobile Device. Usage of the Mobile Software may result in additional charges by your wireless provider if a mobile data connection is used and you are solely responsible for such charges.
By agreeing to these Terms, Apptivism grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account for one mobile device for your personal use.
You may not:
1. modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
3. make any copies of the Mobile Software;
4. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
5. delete the copyright and/or other proprietary rights notices on the Mobile Software. You agree that Apptivism may issue upgraded versions of the Mobile Software at any time and you may automatically electronically install the upgraded version on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Apptivism (including any of its third-party suppliers or partners) holds all right, title, and interest in the Mobile Software as well as any copy thereof. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Apptivism reserves all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and Apptivism website.
The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Apptivism, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Apptivism as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Apptivism as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, Apptivism, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Apptivism acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Software you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that the Agreement is between you and Apptivism only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Apptivism, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Apptivism's Google-Sourced Software.
4. No Representations, Warranties, or Endorsements
The Content and Materials provided on Apptivism or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any Content or Materials on Apptivism does not constitute or indicate Apptivism's endorsement, representation or warranty of such information (which may include organization descriptions and missions or donation amounts), or its accuracy, completeness, or timeliness. Through the website (including Materials, Content, and emails), you may receive access to individuals or entities; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and Apptivism is not involved in any transactions or dealings you have with any third parties.
5. Intellectual Property
Intellectual Property includes but is not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or Apptivism software itself are owned or licensed by Apptivism. Except as expressly provided herein, neither Apptivism nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content or Apptivism.
Apptivism reserves the right to block, disable, or otherwise remove any Materials from Apptivism as well as terminate access to Apptivism if you engage in copyright or other intellectual property infringement or for any other reason.
If you believe that any Content or Materials on Apptivism infringe your copyrights, contact Apptivism by email at firstname.lastname@example.org.
In accordance with the Digital Millennium Copyright Act, any notification must be written communication and substantially include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at Apptivism are covered by a single notification, a representative list of such works;
3. 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;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the signing 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You will hold harmless, indemnify and defend Apptivism and its collective affiliates against any and all claims and actions, including, without limitation, expenses, judgements, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from your (or anyone logging in with your password's)
1. use of Apptivism software,
3. communication or interaction with other users and/or third parties on Apptivism,
4. violation of the agreed upon Terms, and/or
5. violation of the privacy, intellectual property or other rights pertaining to any third party.
7. Disclaimer of Warranties
Without limitation, all content, including materials, links, emails and advertisements, is provided to you on an " AS IS " and " AS AVAILABLE " basis and is made available to you without warranty of any kind, except where expressly provided otherwise. Apptivism expressly disclaims all warranties, to the furthest extent provided by applicable law, either expressed or implied, including, but not limited to: uninterrupted use; lack of viruses, trojan horses, worms or other destructive or corrupting code; implied warranties of merchantability, fitness for a particular purpose and non-infringement; accuracy, consistency, dependability, reliability, timeliness, currency or usefulness of the information provided on or through Apptivism. Apptivism makes no warranties or guarantee as to the accuracy, legality, quality, appropriateness, validity, or other qualities of the content, materials, products, or services provided on or by Apptivism. You agree to not hold Apptivism responsible for any monetary transactions on or through the Apptivism software, including solicited donations, promised or otherwise.
8. Liability Limitation
To the maximum extent allowed by applicable law, you (including any third party) agree to not hold liable Apptivism (including its Affiliates) for any direct, consequential, special, incidental and indirect damages arising out of your use or inability to use Apptivism or the breach of this agreement, even if advised of the possibility of such damages. You agree that the posting of your opinion on Apptivism is your responsibility and that Apptivism (including its Affiliates) are not responsible for any infringement upon or violation of the privacy or other rights of any third party as a result of posting or agreeing with any opinion on Apptivism.
Apptivism and users of Apptivism may post or otherwise provide external links to third party content on the Apptivism software. The appearance of external links, whether by Apptivism or a user of Apptivism, does not constitute or imply endorsement by Apptivism of the linked content, website, information, products or services. Any interaction with a third party or a third party's website via Apptivism between you and the third party is solely between you and the third party, is done at your own risk, and you agree to not hold Apptivism liable or responsible for any damages or losses relating to your interaction with such third parties.
10. Entire Agreement
This Agreement (together with the documents referred to in this Agreement) constitute(s) the entire agreement between Apptivism and you with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.
Apptivism reserves the right to modify the Terms in this Agreement at any time and will alert you to these modifications through Apptivism or email. All modifications, updates or changes will be effective upon being posted to Apptivism. By continuing to utilize Apptivism after any modifications have been made you affirm your agreement with the modifications and are constrained by the then-current form of these Terms. Apptivism reserves the right to modify, update or change Apptivism at any time without notifying you. Apptivism reserves the right to suspend your account and all related access to Apptivism for your violation of any of these Terms without limitation. If you find any of these Terms disagreeable, then you are required to terminate usage of Apptivism.
12. Governing Law
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or Apptivism shall be instituted exclusively in the federal courts of the United States or the courts of the State of Apptivism.
Apptivism may suspend or terminate your access or ability to use Apptivism immediately, without prior notice or liability, for any reason or no reason, including breach of the Terms of this Agreement.
This Agreement's provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Apptivism or any third party.