Terms of Use

Welcome to The website of The Civic Innovation Project (“we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in The Civic Innovation Project Privacy Policy, whether or not you are a registered user or subscriber of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).  Please read this agreement carefully to ensure that you understand each provision.

Use of the Service

Our Service in a Snapshot. The Civic Innovation Project operates an online research and innovation platform that empowers our users and others to learn about communities, collaborate, and innovate. We provide ready-made media and content and at times may provide information regarding the ready-made media content of third-party companies that is licensable for use in accordance with their various licenses.

Eligibility

You may use the Service only if you are in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. The Service may not be available to any Users removed from the Service by The Civic Innovation Project. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

License to use The Civic Innovation Project Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. The Civic Innovation Project reserves all rights not expressly granted herein in the Service and The Civic Innovation Project Content (as defined below). The Civic Innovation Project may terminate this license at any time for any reason or no reason. Additional terms may apply for any content that you download from or upload to The Civic Innovation Project. Any such additional terms will be made available to you prior to initiating any applicable uploads or downloads.

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to The Civic Innovation Project servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any The Civic Innovation Project Content (as defined below), including any The Civic Innovation Project trademarks, in any manner that might tarnish, disparage, or reflect adversely on such The Civic Innovation Project Content; (xiv) using any The Civic Innovation Project trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xv) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with The Civic Innovation Project trademarks; (xvi) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of The Civic Innovation Project; (xvii) using any The Civic Innovation Project Content to link to The Civic Innovation Project website without the prior written consent of The Civic Innovation Project; or (xviii) framing or hotlinking to the Service or any content other than your own without the prior written consent of The Civic Innovation Project.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from The Civic Innovation Project Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

The Civic Innovation Project may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other The Civic Innovation Project Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Civic Innovation Project shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Our Proprietary Rights

Except for the content of the Microsoft Corporation, and the content of other third-parties (including stock-media content that we have licensed), the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, (the “The Civic Innovation Project Content”), and all Intellectual Property Rights related thereto, are the exclusive property of The Civic Innovation Project and its licensors, or noted third-parties. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any The Civic Innovation Project Content. Use of The Civic Innovation Project Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Feedback

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place The Civic Innovation Project under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, The Civic Innovation Project does not waive any rights to use similar or related ideas previously known to The Civic Innovation Project, or developed by its employees, or obtained from sources other than you.

Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in The Civic Innovation Project Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.

Security

The Civic Innovation Project cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by The Civic Innovation Project. The Civic Innovation Project does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and The Civic Innovation Project’s Privacy Policy do not apply to your use of such sites. You expressly relieve The Civic Innovation Project from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that The Civic Innovation Project shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We only control The Civic Innovation Project, and we’re not responsible for anything on other sites. So if you follow a link on The Civic Innovation Project to another site, you do so at your own risk.

Indemnity

You agree to defend, indemnify and hold harmless The Civic Innovation Project and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; or (v) any claim or damages that arise as a result of your use of any content on The Civic Innovation Project website.

No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, The Civic Innovation Project, its subsidiaries (if any), affiliates, partners, employees, contractors, and its licensors do not warrant that the content, including Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

The Civic Innovation Project does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through The Civic Innovation Project service or any hyperlinked website or service, and The Civic Innovation Project will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. You use The Civic Innovation Project as-is and at your own risk. We don’t provide any guarantees with respect to the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The Civic Innovation Project will, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service. Under no circumstances will The Civic Innovation Project be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, The Civic Innovation Project will assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall The Civic Innovation Project will, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.00.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, The Civic Innovation Project shall not be liable for any damages, costs or losses arising as a result of modifications made to any content within the Service used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Civic Innovation Project has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from its facilities in the United States. The Civic Innovation Project makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00.

Governing Law

You agree that: (i) the Service shall be deemed solely based in Massachusetts; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over The Civic Innovation Project, either specific or general, in jurisdictions other than Massachusetts. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Boston, Massachusetts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

These terms are governed by the laws of Massachusetts. If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the courts of Boston, Massachusetts.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Civic Innovation Project without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

The Civic Innovation Project may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by The Civic Innovation Project in our sole discretion. The Civic Innovation Project reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. The Civic Innovation Project is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. The Civic Innovation Project may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement/Severability

This Agreement, together with The Civic Innovation Project Privacy Policy, any amendments and any additional agreements you may enter into with The Civic Innovation Project in connection with the Service, shall constitute the entire agreement between you and The Civic Innovation Project concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Civic Innovation Project’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact

Please contact us using the Contact form on this website with any questions regarding this Agreement.