Terms of Service and Privacy Policy
(Layperson's Terms of Service)
Effective March 20, 2022
By using the Dave's Redistricting Website and/or the DRA 2020 application, You agree to the Terms of Service and Privacy Policy on this webpage. Please read this page carefully before using the Service.
The following definitions apply to both the Terms of Service and Privacy Policy. Defined terms have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of the Terms of Service and Privacy Policy:
· Account means a unique account created for You to access the Service.
· Company (referred to as either "the Company", "We", "Us" or "Our") refers to Dave's Redistricting, LLC.
· Children refers to anyone under the age of 13.
· Content refers to maps, videos, audio, graphics, photos, text, branding, interactive features, software, metrics, and other material whether provided by You, the Company, a third party, or any combination of the aforementioned.
· Personal Data refers to personally identifiable information that can be used to contact or identify You. This may Include email addresses, usernames, twitter handles, cookies, and Usage Data.
· Service refers to the Dave's Redistricting Website (accessible from https://davesredistricting.org), Including the DRA 2020 application.
· Service Providers refers to third-party companies or individuals the Company uses to facilitate the Service, to provide the Service on Our behalf, to perform Service-related services or to assist us in analyzing how the Service is used.
· Third-Party Service means any services or content (Including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
· Usage Data refers to information on how the Service is used Including Your computer's IP address, browser type, browser version, the pages of the Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.
· Users refers to users of the Service.
· Washington refers to the State of Washington in the United States of America.
· You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
· “Include” or “Including” means “including but not limited to,” and any examples We give are for illustrative purposes only.
The Terms of Service and Privacy Policy constitute the sole and entire agreement between You and the Company and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
We reserve the right, at Our sole discretion, to modify or replace the Terms of Service or Privacy Policy at any time. If an update is material, We will make efforts to provide reasonable notice prior to any new Terms of Service or Privacy Policy taking effect. What constitutes a material update will be determined at Our sole discretion.
By continuing to access or use the Service after those updates become effective, You agree to be bound by such updates. If You do not agree to the updates, in whole or in part, please stop using the Service.
If You have any questions about the Terms of Service or Privacy Policy, You can contact us by email at legal@davesredistricting.org.
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all Users. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, Users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Service, which may result in immediate termination of Your Account on the Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content is the responsibility of the person or entity that provides it to the Service. The Company is under no obligation to host or serve Content. You are legally responsible for the Content You submit to the Service.
You retain ownership rights in your Content. However, We require You to grant certain rights to the Company and other Users of the Service, as described below.
· License to the Company: by providing Content to the Service, You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content in connection with the Service.
· License to other Users: by sharing Your Content with another User, You grant that User a worldwide, non-exclusive, royalty-free license to access Your Content through the Service, and an irrevocable license to use that Content, Including to reproduce, distribute, prepare derivative works, display, and perform it.
o Publishing your Content: by publishing your Content on the Service, You are sharing your content with all other Users and granting them the licenses referenced above.
· Duration of License: the licenses granted by You continue for as long as your Content is protected by intellectual property rights.
· Deletion of Content: if You delete any Content that's covered by these licenses:
o The Company will no longer display or distribute the Content through the Service; however, the Company may retain server copies of the Content and may distribute these copies to comply with legal obligations.
o Any User with whom the Content was shared (through sharing or publishing on the Service) may still be able to display, edit, and further distribute the Content.
We also reserve the right to (1) distribute any and all of your Content to comply with legal process, and (2) use any published Content for promotional purposes.
We reserve the right to remove or take down some or all of your Content at Our discretion. We may do so if any of Your Content (1) is in breach of this Agreement or (2) may cause harm to the Company, Our Users, or third parties.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
· In any way that violates any applicable federal, state, local, or international law or regulation (Including any laws regarding the export of data or software to and from the US or other countries).
· To impersonate or attempt to impersonate anybody Including the Company, a Company employee, a Company volunteer, another User, or any other person or entity (Including using another person's email addresses or screen names).
· To engage in any other conduct that, as determined by US:
o restricts or inhibits anyone's use or enjoyment of the Service, or
o may harm the Company or Users, or
o expose the Company or Users to liability.
Additionally, You agree not to:
· Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, Including their ability to engage in real time activities through the Service.
· Use any device, software, or routine that interferes with the proper working of the Service.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
· Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Service.
Our Service may contain links to Third-Party Services.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any Third-Party Services.
We strongly advise You to read the terms of service and privacy policies of any Third-Party Services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, Including if You breach these Terms of Service.
To terminate Your Account, please send an email to feedback@davesredistricting.org.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms of Service and Your exclusive remedy for all of the foregoing shall be limited to actual losses.
Any donations You may have made to the Company are voluntary and not considered payments to the Company for its Service, and the Company has no obligation to return those donations under any circumstances.
To the maximum extent permitted by applicable law, in no event shall the Company or its Service Providers be liable for any special, incidental, indirect, or consequential damages whatsoever (Including damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms of Service), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Service Providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, Including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Service Providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
To the extent allowed by applicable law, You shall indemnify the Company and its directors, officers, employees, volunteers, and contractors for any third-party legal proceedings (Including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these Terms of Service or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Should that fail, You agree to submit all disputes, Including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms of Service, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.
All claims arising out of or relating to these Terms of Service or the Service itself will be governed by the laws of Washington, except for Washington's conflict of laws rules, and will be litigated exclusively in the federal or state courts of Washington State. You and the Company consent to personal jurisdiction in those courts. The parties further agree that the exclusive venue for the resolution of such claims shall be in the State and Federal Courts of Washington. Your use of the Service may also be subject to other local, state, national, or international laws.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Service shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
To the extent permitted by law, You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with this Privacy Policy. This Privacy Policy (1) describes Our policies and procedures on the collection, use, and disclosure of Personal Data when You use the Service, and (2) tells You about Your privacy rights and how the law protects You. Please read this Privacy Policy carefully before using the Service.
We may (1) ask You to provide Personal Data and (2) collect Usage Data.
We may use cookies and similar tracking technologies to operate the Service, remember Your preferences and settings, track Your activity on the Service, and/or for other purposes.
Cookies are files with small amount of data which may Include an anonymous unique identifier. Cookies are sent to Your browser from a website and stored on Your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze the Service.
You can instruct Your browser to refuse all cookies or to indicate when a cookie is being sent. However, if You do not accept cookies, You may not be able to use some portions of the Service.
We use the collected data for various purposes, Including:
Your username is associated with Your maps. When You share a map, Your username is visible to all Users with whom You have shared the map. When You publish a map, Your username is visible to all Users.
Your information, Including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
If You are located outside United States and choose to provide information to us, note that We transfer the information, Including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
We will take steps reasonably necessary to ensure that Personal Data is treated securely and in accordance with this Privacy Policy and no transfer of Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Personal Data.
We may disclose Personal Data in the good faith belief that such action is necessary to:
Service Providers have access to Personal Data only to perform tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
Our Service may contain links to Third-Party Services. If You click on such a link, You will be directed to that third-party's site. We strongly advise You to review the privacy policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any other sites, Third-Party Services, or Service Providers.
The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While We strive to use commercially acceptable means to protect Personal Data, We cannot guarantee its absolute security.
We request that any Children obtain parental consent before registering with the Service.
We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that your Child has provided us with Personal Data, please contact us. If We become aware that We have collected Personal Data from children without verification of parental consent, We may take steps to remove that information from Our servers. This may result in the termination of the relevant account.