Welcome to the products and services ("Services") provided by 3dna, Corp., located at 520 South Grand Ave, Los Angeles, CA 90071 ("we", "us", "our" or "3dna"). Our Services include NationBuilder, NationBuilder.com, and the NationBuilder Voter Data. By using our Services, you are agreeing to the terms below, so please read them carefully. If you have any questions, comments or concerns regarding these terms or our Services, please contact us at email@example.com.
Structure of Our Terms and Conditions
These Master Terms of Service (the "Master Terms") contain the terms and conditions that apply to all of our Services. In addition to these Master Terms, each of our individual Services (i.e., NationBuilder, NationBuilder.com, and NationBuilder Election Center) are subject to additional terms and conditions that are specific to those Services only ("Additional Terms"). To help guide you, we've included a brief description of these individual Services below, along with a link to the applicable Additional Terms. When you access or use these individual Services, the applicable Additional Terms will apply to you, and will automatically be incorporated into these Master Terms by reference ("Terms" means these Master Terms, along with any applicable Additional Terms).
- NationBuilder.com. NationBuilder.com is 3dna's community site, which we use to organize our community of customers. It allows users to interact through the use of forums and the creation of various types of interactive web pages. The Additional Terms for NationBuilder.com are at nationbuilder.com/tos_nationbuilder_website.
- NationBuilder. NationBuilder is a community organizing system that includes websites, a people database, communications and finance tools ("nation"). NationBuilder is a paid premium service which offers additional functionality and customization beyond that offered on NationBuilder.com. For example, a paid NationBuilder subscription includes access to premium features such as the ability to create your own private voter and supporter databases, as well as access to a developer API. The Additional Terms for NationBuilder are at nationbuilder.com/tos_nationbuilder.
- NationBuilder Voter Data. NationBuilder Voter Data is a service which includes tools for working with publicly accessible voter data, including a developer API. The Additional Terms for NationBuilder Voter Data are at nationbuilder.com/voter_data_tos.
Changes to Services and Terms
3dna regularly updates and improves the Services, and may at times remove features in order to improve your ability to use the Services. Because we are constantly trying to improve our Services, these Terms may also need to change. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Services, and/or by sending you an email and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Please note that we do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
Basics of Using the Services
In order to use certain of our Services, you may be required to sign up for an account, and to select a password and user name ("User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account. The Services are intended for adults, but children 13 or older may use the Services with permission from a parent or guardian, provided that your parents have agreed to these Terms on your behalf.
You must follow all applicable laws in your use of the Services, including applicable export and re-export control laws and regulations. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law. The Services are provided by a U.S. company. We may suspend or terminate services if you do not follow our Terms, and customers removed by 3dna may not be allowed any future access to the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the "Services Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Services Content that you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services Content not owned by you, (i) without the prior consent of the owner of that Services Content or (ii) in a way that violates someone else's (including 3dna's) rights.
You understand that 3dna owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in the Terms), creative derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Services Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!
These Terms grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Services, subject to your compliance with all of the Terms. 3dna may terminate this license at any time for violation of our terms and policies.
Termination of Services
Unless you have a separate agreement with 3dna specifying otherwise, 3dna is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. 3dna has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any warranty disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Acceptable Use Policy
In addition to the general restrictions contained above, your use of our Services is subject to our then-current Acceptable Use Policy.
Responsibility for Content
Content and information displayed on the Services is the sole responsibility of the person or organization providing that content, and you access all such content and information at your sole risk. We aren’t liable for any errors or omissions in that content or information, or for any damages or loss you might suffer in connection with it. We do not review content posted on the Services, and any issues with that content should be directed to its owners. You are solely responsible for interactions with other users of the Services.
If there is a dispute between participants on this site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release 3dna, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
If you're using any of our Services on behalf of an organization or entity, you affirm that you have the right to act on behalf of that organization or entity, and that these Terms apply to the organization or entity (and all references to "you" and similar terms refer to that organization or entity). The organization or entity will hold harmless and indemnify 3dna (and its affiliates, officers, agents, and employees) from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Certain aspects of the Services may allow you to obtain reputational or status indicators, and/or fictional property representing virtual achievements, for instance, political capital ("Currency"). You have a limited license to this Currency and it is not redeemable for any value from 3dna. We have the right to change or eliminate Currency at any time without liability.
We work hard to provide high-performance services and will work with you to provide an excellent customer experience, but there are certain things we don't promise.
Other than as expressly set out in these Terms or Additional Terms, neither 3dna nor its partners, suppliers or API application providers make any specific promises about the Services. We don't make any commitments about the content within the Services, the specific function of the Services, or their reliability, legality, availability, or ability to meet your needs. We provide the Services "AS IS" and you use them at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, including, without limitation the warranties of merchantability, fitness for a particular purposes, and noninfringement.
Limitation of Liability
To the fullest extent permitted by law, 3dna and 3dna's partners, suppliers and API application providers will not be responsible (under any legal or equitable theory) for: (1) lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary or punitive damages; or (2) any amounts (in the aggregate) in excess of the amount you paid us to use the Services, or (3) any loss or damage that is not reasonably foreseeable or that is outside of their reasonable control.
Copyright Dispute (DMCA) Policy
We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn how to report potentially infringing content, please review our complete Copyright Dispute Policy.
We have the rights to enforce these Terms even if we don't do so right away. You cannot reassign the duty to abide by these Terms or your rights hereunder, but 3dna may reassign these Terms in order to continue to provide the Services.
The Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and 3dna that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, unless submitted to arbitration as set forth in the following paragraph.
For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3dna 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 the Services, as determined by us. We are 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. We recommend that you add email@example.com to your email address book to help ensure you receive email notifications from us.
The Terms, together with any amendments and any additional agreements you may enter into with 3dna in connection with our Services, shall constitute the entire agreement between you and 3dna concerning the Services. You may be subject to additional third-party terms and policies based on your use of the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind 3dna in any respect whatsoever. You and 3dna agree there are no third party beneficiaries intended under these Terms.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and 3dna's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Last Updated: October 15, 2014