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Terms of Use

Terms of Use

TERMS OF USE

The Service is hosted by 3Pikas Development Studio Inc. (3Pikas) on behalf of the Sponsor of the Site. By using our Services in any way, including registering on the Services, contributing your input, feedback or suggestions, or merely browsing the Services, you agree to be and are bound by these Terms. If you do not agree to all of the Terms of Use, do not access or use our Services.

CIVICLY WEB SERVICES - TERMS OF USE

3Pikas welcomes you to the Civicly citizen engagement and data visualization platform (the Services).

If you have any questions regarding the TOU, please contact us at support@civicly.io

ELIGIBILITY

You may use the Services if you are 13 years or older and are not barred from using the Services under applicable law.

INFORMATION PRESENTED

By using the Services you agree that 3Pikas and any of its subsidiaries or related bodies corporate or any of their employees or agents are not responsible for:

  • the accuracy or otherwise of the information displayed or omitted;
  • any person's reliance on the information presented;
  • any loss in connection with the use of the Services.

REGISTRATION INFORMATION

If you want to use certain features of the Services you’ll have to register with us using your name and email address. You can also register with third-party social networking services such as Facebook or Twitter (“SNS Account”). If you choose the SNS Account option we’ll register you by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect that you have provided such information, we may suspend or terminate your account and refuse any and all current or future use of the Services, or part of it.

By registering to the Services you agree to:

  • a) submit only true, accurate, current and complete information about yourself as prompted by the Services' registration procedure (the Registration Data) and
  • b) maintain and regularly update the Registration Data to keep it true, accurate, current and complete.

PUBLIC PROFILE

When you register, we will create a public profile for you. You may, but are not required, to include Personal Information in your public profile. Any contributions you make to your public profile may be accessed, viewed and used by the public.

PRIVACY POLICY

Registration and other personal information about you are subject to our Privacy Policy. For more information, please see our full privacy policy.

USER ACCOUNT, PASSWORD AND SECURITY

After completing the user registration process, you will receive a user password and account name to access the Services. You agree that:

  • a) you are responsible for maintaining the confidentiality of your password and account;
  • b) you are fully responsible for all activities that occur under your password or account;
  • c) you must immediately notify 3Pikas of any unauthorized use of your password or account or any other breach of security;
  • d) you must create no more than one user account at the Services;
  • e) we may require access to your user account to respond to technical issues;
  • f) subject to law, we or any providers of other services offered from the Services may send emails, newsletters, and other information to your user account.

USER CONDUCT

You understand and agree that:

  • a) all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated;
  • b) you are prohibited from advertising or offering to sell or buy any goods or services, except as expressly permitted in these TOU.
  • c) you do not have a right to:
    • i. post Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • ii. transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "pyramid schemes", surveys, contests or any other form of solicitation;
    • iii. transmit Content that contains software viruses, Trojan horses, worms, time bombs, bots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • iv. transmit Content that harms minors in any way;
    • v. impersonate any person or entity, including without limitation a 3Pikas representative or another user of the Services, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • vi. create a false identity for the purpose of misleading others as to your identity or the originator of a message;
    • vii. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    • viii. attempt to gain unauthorized access to the Services, other user accounts, computer systems or networks, through password mining or any other means;
    • ix. intentionally or unintentionally violate any applicable law including without limitation laws of Canada and any regulations having the force of law;
    • x. "stalk" or otherwise harass another user;
    • xi. interfere with another user's use and enjoyment of the Services;
    • xii. collect or store personal data about other users of the Services, or
    • xiii. make any unauthorized commercial use of the Services.

You also acknowledge and agree that:

  • a) we do not generally pre-screen or monitor Content or use of the Services, but our designated agents and we have the right to refuse or remove any Content that is available via the Services.
  • b) you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
  • c) we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to:
    • i. comply with an obligation;
    • ii. enforce the TOU;
    • iii. respond to claims that any Content violates the rights of third-parties; or
    • iv. protect the rights, property, personal safety, or business interests of 3Pikas, users of the Services or the public.
    • d) the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to comply with the moderation rules.

INDEMNITY AND RELEASE

In many situations, we allow users the freedom to use the Services and therefore have no control over the Content of the Services. You agree to indemnify and hold 3Pikas, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

  • a. Content you submit, post to or otherwise transmit through the Services,
  • b. your use of or connection to the Services,
  • c. your violation of the TOU, or
  • d. your violation of any other's rights.

GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services.

You acknowledge that 3Pikas:

  • a) is entitled to log off any account that is inactive for an extended period of time;
  • b) is entitled to change these general practices and limits at any time,
  • c) may, in its absolute discretion, with or without notice to you delete, modify or otherwise deal with any Content stored at the Services and any of your user profile information or accounts at the Services.

MODIFICATIONS AND DISCONTINUANCE

We reserve the right at any time to modify or discontinue access to the Services (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.

USER ACCOUNT TERMINATION

You agree that 3Pikas may, in its sole discretion and with or without notice to you, terminate your password, account or use of the Services (or any part), and remove and discard any Content within the Services for any reason including without limitation, where a breach of copyright has been reported.

You agree that 3Pikas may in its sole discretion and at any time discontinue providing the Services, or any part, to you with or without notice, and without liability to you or any third parties.

You agree that termination of your access to the Services under any provision of these TOU may occur without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/ or bar any further access to such files or the Services.

If your account or access to the Services is terminated for any reason, you must immediately cease using the Services and Software. Termination does not affect any of our accrued rights or liabilities.

DEALINGS WITH THIRD PARTIES

Your communications or dealings with, or participation in promotions of, third parties found at or via the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third parties

You agree that 3Pikas is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.

USE OF SERVICES BY GOVERNMENTAL ENTITIES

3Pikas intends to comply with all local, provincial, territorial, state, and federal laws related to the required disclosure of any information provided via the Services. Under some instances, the entity sponsoring a specific Content or project (Sponsor) through our Services will be a government entity. In such instances, the government Sponsor may or may not use the information that you provide to the Services for the purposes associated with the Services. It should be noted that such information may or may not be considered public information or public records under applicable province, territory, state, and federal laws. To the extent that anything you contribute to the Services, including your personal information, is considered a public record or as otherwise belonging to a government entity and, therefore, subject to certain local, province, territory, state or federal disclosure laws, such applicable laws will govern the use and required disclosure of such information.

3PIKAS PROPRIETARY RIGHTS

You acknowledge and agree that:

  • a) the Services and any necessary software used in connection with the Services, including but not limited to the software known as Civicly, contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and
  • b) the Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you via the Services or via third parties.

Except as expressly authorized by 3Pikas or third parties, you agree not to copy, modify, rent, lease, loan, sell, or distribute the Services or Software, in whole or in part. You also agree not to create derivative works based on the Services or the Software, in whole or in part.

You agree not to access the Services by any means other than through the website and interfaces that are provided by 3Pikas for use in accessing the Services.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  • a) your use of the Services is at your sole risk;
  • b) the Services is provided on an "as is" and "as available" basis;
  • c) the Services is provided for the duration of the contract only and will be terminated at the end of the contract.

We expressly disclaim all warranties of any kind capable of exclusion whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that:

  • a) the Services will meet your requirements;
  • b) the Services will be uninterrupted, timely, secure, or error-free;
  • c) the results that may be obtained from the use of the Services will be accurate or reliable;
  • d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and
  • e) any errors in the Software will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information obtained by you from us or through or from the Services shall create any warranty not expressly stated in the TOU.

LIMITATION OF LIABILITY

You understand and agree that we, our related bodies corporate and the employees and agents of each are not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if we has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

  • a) the use of, or the inability to use the Services;
  • b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Services;
  • c) unauthorised access to or alteration of your transmissions or data;
  • d) statements or conduct of any third party on the Services; or
  • e) any other matter relating to the Services.
  • f) you specifically acknowledge that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

In no event will we be liable for any loss of profits, cost of cover, loss of data, or any special, incidental, indirect or consequential (or similar) damages under the laws of any jurisdiction, however caused and on any theory of liability (including negligence) arising out of or related to your use of the Services.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So some of the limitations in the TOU may not apply to you.

NOTICE

Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received:

  • a) if delivered by hand when delivered;
  • b) if delivered by prepaid ordinary post, on the second business day after posting; and
  • c) if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
  • d) if delivered by email, one business day after sending.

We may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Services.

INTELLECTUAL PROPERTY; TRADEMARK INFORMATION

The text, images, graphics, photographs, music, software, audio, videos, webcasts, works of authorship of any kind, data, commentary, documents, communications, downloads, files, publications, content, tools, resources, code, programs, products, and information or other items that are posted, generated, provided or otherwise made available or enabled through the Services (collectively, the “Content”), as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Content may violate such laws and the Terms of Use.

Subject to the ownership rights in any Content that users provide through the Services, our licensors and we exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. Except as expressly provided in these Terms of Use, 3Pikas does not grant any express or implied rights to you to use the Content. You agree not to copy, republish, frame, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, perform, license, sublicense or reverse engineer any of the Content or the selection and arrangement of the Content, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Services or Content.

The trademarks, service marks, logos, and domain names (“Marks”) displayed on the Services are the property of 3Pikas or other third parties. You are not permitted to use or register the Marks or any trademark, service mark, logo or domain name that is confusingly similar thereto without the prior written consent of 3Pikas or such third party that may own the Marks.

CONSENT TO RECEIVE EMAIL UPDATES

From time to time the Service may send you emails providing you with information about consultations in which you have participated or consultations and website and Services in which you might be interested based on your past Services activities.

You consent to receive these emails though this does not affect your ability to opt out of receiving emails by activating the 'opt out' option included in each email.

GENERAL INFORMATION

The TOU constitutes the entire agreement between you and us, and governs your use of the Services, superseding any prior agreements between you and us.

You will be subject to additional terms and conditions that may apply when you use the affiliate services, third-party content or third-party software.

The laws of Yukon Territory without regard to its conflict of law provisions govern the TOU and the relationship between you and us. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within Yukon Territory.

Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision.

If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one year after the claim or cause of action arose, or be forever barred.

Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission, and which may be withheld in our absolute discretion.

Headings in the TOU are for convenience only and do not affect interpretation.

3Pikas reserves the right to change these terms and conditions from time to time without prior notification of users.

The Services is hosted by 3Pikas.


This Terms of Use was last updated on June 12th, 2017.
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