CIVICPOINTS.com and CivicPoints Mobile App Terms and Conditions
This is a legal agreement ("Agreement") between you ("You" or "the User") together with IdleMind Technologies, LLC (“Company" or "Us"). BY CHECKING THE BOX ON THE SIGN-UP PAGE, OR BY REGISTERING WITH THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, do not access the Services (as defined below).
In addition to the terms and conditions on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy lists general information practices. Our Privacy Policy can be found by clicking here [LINK TO PRIVACY POLICY]
The Services
CivicPoints is a civic engagement platform that rewards citizens for staying informed, reporting issues, joining events, and completing surveys through Our web-based software located at CivicPoints.com (“Site”) and software that may be downloaded to your smartphone or tablet (“CivicPoints Mobile App”). The term “Services” means the Site and Mobile App. These Terms of Service (“Terms”) govern your access to and use of the Services. The Services are made available to residents of towns, cities, counties, states, and/or other governmental entities (“Community Organization”) who have contracted with the Company to make the Services available to its residents.
The Services are offered to you, the user, conditioned upon your acceptance without modification of this Agreement. You acknowledge that, from time to time, it may be necessary for CivicPoints to update or revise certain provisions of the Agreement. By joining CivicPoints.com and/or the CivicPoints Mobile App and accepting this Agreement, you agree that CivicPoints may change the terms of the Agreement in its sole discretion without specific notice to you. If you do not agree to the changes proposed by CivicPoints or to any terms in this Agreement, your sole and exclusive remedy is to cancel your CivicPoints.com account and your CivicPoints Mobile App account ("Your Account").
General Use of the Services
You shall not use the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, databases or other lists, products or services provided through or obtained from the Services. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining information. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Except with the written permission of CivicPoints, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Services. If you attempt to access prohibited areas of the Services, you may be subject to civil or criminal charges, and your account may be terminated.
Your use of the Services shall be subject to any and all terms of service promulgated by any third party whose services are incorporated into the Services, which may include but not be limited to Tangocard (for administration of “rewards” relating to your usage of the Services), OpenStreets (for mapping), Twilio (for messaging services), Loops.io (for email notifications and verifications), Microsoft Azure Blob Storage (for image and attachment storage), Google (for sign-ins), Apple (for sign-ins), and Firebase (for notifications and session tracking). Their respective terms of service are, to the extent applicable to your usage of the Services, incorporated by reference.
General User Registration
In order for you to participate in the Services, CivicPoints will require you to provide specific information about you and/or your organization or business (if applicable). The information required to create an account includes but is not necessarily limited to Your first and last name, email address, and residential address. This information may be shared with the Community Organization to verify your eligibility to participate in earning CivicPoints through the Services. Your Community Organization(s) can upload, notify, and communicate with you about engagement activities related to you and your community through the application and may receive information and reporting from CivicPoints regarding your usage of the Services, including your participation in any certain community event(s).
You shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. You shall be responsible for all actions by such users and shall indemnify, defend, and hold harmless CivicPoints for such actions. Any information supplied by you upon registering for the Services and any other information about you and/or your business (if applicable) (collectively, "User Data") is subject to CivicPoints Privacy Policy.
By using the Services, you grant CivicPoints a worldwide, non-exclusive, nonrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, transform and translate any content or information submitted, transferred, or uploaded to the Services in any and all media or distribution methods now known or later developed. This license authorizes CivicPoints to make such content available throughout the world and to let others do the same. You agree that this license includes the right for CivicPoints to make all such content submitted to the Services available to other companies, organizations or individuals for broadcast, distribution, promotion or publication on other media and services without any compensation to you, and you hereby agree the use of the Services by you is full compensation for the content and your grant of rights herein.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. CIVICPOINTS PROVIDES THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. (B) CIVICPOINTS MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CIVICPOINTS, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CIVICPOINTS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
CivicPoints Proprietary Rights/Software Licenses
You acknowledge and hereby agree that the Services and any software used in connection with the Services (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. CivicPoints provides you with a non-exclusive, non-transferable, revocable, limited license to use the Software, which you agree to use in accordance with this Agreement. You may not sub-license or charge others to use or access the Software without first obtaining written permission from CivicPoints. The Software is owned by CivicPoints and/or its developers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization, and source code are considered trade secrets of CivicPoints and its developers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.