Last Updated and Effective as of March 12, 2018
These terms (“Terms”) cover the use of those Civic Design Lab’s products and services. You accept these Terms through your use of the Services, which are subject to change without notice.
Your privacy is important to us. Please read the Civic Design Lab Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how Civic Design Lab uses your content, which is your communications with others; postings or feedback submitted by you to Civic Design Lab via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these Terms, you consent to Civic Design Lab’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement below.
When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Civic Design Lab cannot be held responsible for Your Content or the material others upload, store or share using the Services.
To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Civic Design Lab products and services, you grant to Civic Design Lab a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services maybe supported by advertising. Our advertising policies are covered in detail in the Privacy Statement.
Code of Conduct
By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
i. Don’t do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
iv. Don’t publicly display or use the Services to share inappropriate Content or material.
vi. Don’t circumvent any restrictions on access to or availability of the Services.
vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
ix. Don’t engage in activity that violates the privacy of others.
x. Don’t help others break these rules.
If you violate these Terms, we may stop providing Services to you. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Civic Design Lab reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Civic Design Lab is not liable for any disruption or loss you may suffer as a result.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, CIVIC DESIGN LAB CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE EXTENT ALLOWED UNDER LAW, CIVIC DESIGN LAB NOR ITS AFFILIATES (AND THOSE THAT CIVIC DESIGN LAB WORKS WITH TO PROVIDE THE SERVICES) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED AS TO THE SERVICE, CONTENT, SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CIVIC DESIGN LAB VIA THE SERVICE. IN ADDITION THE CIVIC DESIGN LAB AND ITS AFFILIATES HEREBY (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS CIVIC DESIGN LAB HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CIVIC DESIGN LAB AND ITS AFFILIATES (AND THOSE THAT CIVIC DESIGN LAB WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF CIVIC DESIGN LAB AND ITS AFFILIATES (AND THOSE THAT CIVIC DESIGN LAB WORKS WITH TO PROVIDE THE SERVICES) EXCEED TEN UNITED STATES DOLLARS ($10.00).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CIVIC DESIGN LAB AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF CIVIC DESIGN LAB OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
YOU 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and Civic Design Lab may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
Civic Design Lab Privacy Statement
Your privacy is important to us. This privacy statement explains what personal data Civic Design Lab and its affiliates collect from you, through our interactions with you and through our products, and how we use that data.
Your Privacy Matters
Civic Design Lab is a civic service design and innovation team within Oakland City Hall that has been brought together through public-private partnership to convene, incubate, and solve civic resiliency challenges for Oaklanders. Civic Design Lab helps implement the Oakland Resilient Strategies on a project-based partnership with different City Departments, by applying human centered design and systems thinking to public sector problems. As part of this service, Civic Design Lab engages in innovative user centered research in the public realm.
This Privacy Statement applies when you use our Services. We offer our users choices about the data we collect, use and share as described in this statement.
Personal Data We Collect
Civic Design Lab collects data to operate effectively and provide you the best experiences with our product. You provide some of this data directly, such as when you start a conversation with our products using Facebook, Instagram, Twitter, and other social networking service. We get some of it by recording how you interact with our products by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties.
How We Use Personal Data
Civic Design Lab uses the data we collect to provide you information, which includes using data to improve our products and personalize your experiences. We also may use the data to communicate with you, for example, informing you about your account, affiliate information, and relevant product information. And we use data to help show more relevant information, whether in our own products supported by advertising, or in products offered by third parties.
Reasons We Share Personal Data
We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. We also share data with Civic Design Lab-controlled affiliates; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of Civic Design Lab.
How to Access & Control Your Personal Data
You can delete your personal data online for Civic Design Lab products. You can also make choices about Civic Design Lab’s collection and use of your data. How you can access or control your personal data will depend on which products you use.
You can always choose whether you wish to receive promotional email, SMS messages, telephone calls and postal mail from Civic Design Lab. You can also opt out from receiving interest-based advertising from Civic Design Lab or its affiliates by letting us know through our contact page.
Cookies & Similar Technologies
Notice to End Users
Civic Design Lab is not responsible for the privacy or security practices of our customers, which may differ from those set forth in this privacy statement.