Effective Date: May 1, 2012.
Welcome to BlastRoots! The BlastRoots website and services are provided by BlastRoots, Inc. (“BlastRoots”, “we” “us” or “our”). These terms of service (these “Terms of Service” or “Terms”) govern your access to and use of the blastroots.com web site (the “Site”) and all services provided by BlastRoots via the Site, including without limitation a free online advocacy platform intended to harness the power of social networks to allow people to organize their own grassroots issue campaigns (“Campaigns”) and the related mobile applications (collectively, the “Services”).
1. TERMS AND CONDITIONS OF SERVICE:
These Terms of Service may be modified by BlastRoots at any time, for any reason, without prior notice. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms may be viewed at blastroots.com/terms-of-service. By using our Site or our Services, you (“you” or “your’) indicate your unconditional acceptance of these Terms. If at any time you do not wish to accept these Terms then you should not use this Site.
2. USE AND CONDUCT:
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Site subject to these Terms. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Site or Services, whether created by us or provided by another person for display on the Site or through the Services.
Your use or access of this Site constitutes your acceptance to comply with all applicable U.S.
and international laws. You further agree not to use the Services for illegal purposes. For the
purposes of this clause, an illegal purpose would mean any activity which violates not only U.S.
law, but federal or international banking regulations or any applicable tax code or tariff. You
may use this Site for non-commercial use only.
You are responsible for your use of the Services, for any Campaign you create or manage, for any of the Content you create, place or otherwise make available through the Services, and for any consequences thereof. The Content you submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for complying with all applicable laws and regulations for the Campaigns that you create or manage.
All Content, whether it is made available through reports or other aspects of the Services, is the sole responsibility of the person who originated such Content. We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our Site, such as through an online discussion forum or chat room or via email or a social networking application (“Public Display”). We do not prescreen information posted for Public Display. With respect to such Public Display, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users through Public Display are those of the respective author(s) or distributor(s) and not of BlastRoots. You are responsible for ensuring that Content submitted to this Site is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Site.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or
reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content, including the viewpoints of others, that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will BlastRoots be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BlastRoots of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may not do any of the following while accessing or using the Site or Services: (i) access, tamper with, or use non-public areas of the Services, BlastRoots’ computer systems, or the technical delivery systems of BlastRoots’ providers; (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by BlastRoots (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with BlastRoots (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of BlastRoots is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by BlastRoots; (vii) use a name or language that BlastRoots, in its sole discretion, deems offensive; (viii) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (ix) post hateful or racially or ethnically objectionable Content; (x) post Content which infringes another's copyright, trademark or trade secret; (xi) post unsolicited advertising or unlawfully promote products or services; (xii) harass, threaten or intentionally embarrass or cause distress to another person or entity; (xiii) impersonate another person; (xiv) promote, solicit, or participate in any multi-level marketing or pyramid schemes; (xv) exploit children under 18 years of age; (xvi) engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum; (xvii) introduce viruses, worms, Trojan horses and/or harmful code to the Site; (xviii) transfer your BlastRoots account and login credentials, if any, to another party without our consent; (xix) harvest or otherwise collect information about third parties, including email addresses, without their consent; (xx) invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age); or (xxi) solicit personal information from children under 13 years of age. Use of the Services in violation of this section, may result in termination of your use of
By using the Services you represent and warrant that:
• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• your use of the Services does not violate any applicable law or regulation; and
• you will be responsible for all Campaigns that you initiate or manage, and will not violate
any applicable laws or regulation.
3. VIRTUAL TOKENS FOR CONTRIBUTION TO CAMPAIGNS OR EXPENDITURE
ON PREMIUM SERVICES
We will enable you to make contributions to Campaigns by providing virtual tokens ("Tokens") to you, each of which constitutes a limited license permission to use features of our Service as set forth below. BlastRoots may or may not charge fees to acquire Tokens, and these fees may change at any time. When you purchase a Token, BlastRoots hereby grants you a limited license ("Token License") to use the Token as a virtual token to be held, transferred, and/ or contributed to a Campaign through the Services with other users (and/or BlastRoots), in exchange for permission to access and use content, services, and various Public Affairs Services, in accordance with these Terms of Service. Tokens are transferable by the holder to a a specific Campaign’s funds managed by a Campaign Manager, provided that both the holder and the Campaign Manager comply with these Terms of Service, maintain their BlastRoots accounts in good standing, and are not delinquent on any account payment requirements.
With regards to the number of Tokens you may purchase, spend, transfer, or hold per day, the
following restrictions apply:
You may not purchase more than $2,000 in Tokens per day;
You may not transfer or purchase Services with Tokens that exceed a dollar equivalent of $2,000 per day; and
You may not store or hold more than $10,000 worth of Tokens in your BlastRoots account.
Except as expressly permitted by these Terms of Service or otherwise expressly permitted by BlastRoots, the Tokens may not be sublicensed, encumbered, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms of Service is null and void. BlastRoots may revoke the Token License at any time without notice, refund or compensation in the event that: (i) the Token program is suspended or discontinued; (ii) BlastRoots determines that fraud or other illegal conduct is associated with the holder's BlastRoots account; (iii) BlastRoots imposes an expiration date on usage of Tokens in compliance with applicable laws and regulations; (iv) the holder's BlastRoots account is terminated for violation of these Terms of Service; or (v) the holder becomes delinquent on any of that user's BlastRoots account payment requirements, ceases to maintain an active BlastRoots account or terminates this Agreement.
Users may transfer Tokens to a Campaign either through an individual contribution or as part of a Group Purchase. A “Group Purchase” is a contribution where Tokens are transferred by a user to support a specific goal for the Campaign on the condition that specific criteria are met within a specific time period. For a Group Purchase, if the criteria are not met within the time period, the Tokens will be automatically returned to the user’s respective Billing Account(s) (as defined in Section 4) according to the full, exact number the user contributed. You will be a Campaign Manager for each Campaign you create on our Site. For individual contributions, if a Campaign is terminated before all contributed Tokens are spent by the user who manages that Campaign (“Campaign Manager”), the remaining Tokens will be returned to users based upon whether the Campaign Manager selects for returns to occur proportionally on what is contributed by each user or on a “last in, first out” basis of when Tokens were contributed. For the former, any unspent Tokens will be divided among the users who contributed Tokens, proportionally to the amount of each user’s contribution. For the latter, any unspent Tokens will be returned in full to users based on the order in which contributions were made most recently from the time the Campaign is terminated, refunding first the user who made the most recent contribution up to his or her full contribution to the extent allowed by the remaining Tokens, and repeating the foregoing for each most recent contributor thereafter until there are no remaining Tokens.
You acknowledge that Tokens have no cash value, are not real currency or any type of financial
instrument and are not redeemable for any sum of money from BlastRoots at any time. You agree that BlastRoots has the right to manage, regulate, control, and/or modify the license rights underlying such Tokens as it sees fit and that BlastRoots will have no liability to you based on its exercise of this right. BlastRoots makes no guarantee as to the nature, quality or value of the features of the Service that will be accessible through the use of BlastRoots, or the availability or supply of Tokens.
4. BILLING AND PAYMENT:
With respect to payments provided to or through the Site, you agree that BlastRoots, in its sole discretion, may hold those payments indefinitely until expended on a Public Affairs Service. “Public Affairs Services” are Premium Services that a user may Purchase and also include, without limitation, other tools available on the Site to help a Campaign Manager conduct a Campaign through the Site through, among other things, allowing users to donate Tokens on the Site to help achieve the goals of a Campaign.
We use a third party payment service, which is currently Authorize.net, in lieu of directly processing your credit card or other financial information. We use that third party payment service to bill you through an online account (your “Billing Account”) for purchase of Tokens. By submitting your credit card or other payment information to our third party payment service, you agree that BlastRoots will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of Authorize.net or its successor, if any, in addition to these Terms. We are not responsible for error by our third party payment service. By subscribing, you agree to pay us, through Authorize.net or its successor, if any, all charges at the prices then in effect for any use of the Services in accordance with the subscription plan that you have selected. We reserve the right to correct any errors or mistakes that our third party payment service makes even if that third party has already requested or received payment. You acknowledge that we may change the third party payment service who we accept payment from but will select third parties who encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
If you do not maintain an adequate level of Tokens for fees due hereunder, any fee that is not paid in a timely manner, or BlastRoots is unable to process your transaction using the payment information provided, BlastRoots reserves the right to revoke access to your BlastRoots account and Services. If you do not bring your BlastRoots balance current within five (5) days after BlastRoots provides you with notification that your account is in arrears, BlastRoots reserves the right to restrict your Billing Account and/or your access to the Site.
5. INTELLECTUAL PROPERTY:
BlastRoots does not claim ownership of the Content submitted by you. However, by creating, submitting, saving and/or displaying Content for inclusion on the Service, you grant BlastRoots a world-wide, royalty-free, irrevocable, perpetual, transferrable, and non-exclusive license to reproduce, modify, perform, display, distribute, sublicense and publish your Content without limitation.
By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, irrevocable, perpetual, transferrable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for BlastRoots to make such Content available to other companies, organizations, or individuals who partner with BlastRoots for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use and your Account Settings. Generally, unless you tell us otherwise in a prior writing, when we send a message or communication to your elected officials in connection with your use of the Site or Services, this information will be compiled and made accessible through reports and related functions of the Services.
Such additional uses by BlastRoots, or other companies, organizations, or individuals who partner with BlastRoots, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
BlastRoots respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf ofthe copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, BlastRoots will also terminate a user's account if the user is determined to be a repeat infringer. The contact information for notice of alleged copyright infringement appearing on the Services is:
Attention: Copyright Agent
4536 46th St. NW
Washington, DC 20016
Except for user-contributed Content, the Site, including but not limited to the BlastRoots name, logo, graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. The Site and all the content contained therein are, among other things, protected as a collective work or compilation under applicable U.S. law and other laws and treaties. By using or accessing this Site or the Services you agree to comply with all Federal and State laws that protect BlastRoots’ proprietary interest in the content and other material on the Site. Except as expressly authorized by BlastRoots, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
You agree and acknowledge that any feedback, comments, or suggestions you may provide regarding BlastRoots, the Site or the Services is entirely voluntary and we will be free to use such feedback, comments, suggestions, or information regarding Campaigns, communications for Public Display, or any other purpose as we see fit and without any obligation to you.
You agree that BlastRoots has no obligation with regard to confidential or proprietary information it receives from you through the Service or by any other means; BlastRoots will not be responsible for maintaining the confidentiality of such information. Unless otherwise agreed in writing signed by an authorized BlastRoots representative, any material, information or idea you transmit to BlastRoots by any means may be disseminated or used by BlastRoots or its affiliates in accordance with this Terms of Service Agreement without liability to you.
Moreover, BlastRoots, Inc. is committed to transparency, and therefore all Content entered on the Site with respect to Campaigns, communications for Public Display, or any other purpose, other than that which the Site explicitly designates as private, may be viewed by any other user of the Site. As a result, no users of the Site should under any circumstances assume that their communications are confidential, held only between members of a Campaign, or are in any way unavailable to those who oppose a Campaign or user’s advocacy opinions or activities.
BlastRoots has a patent pending with the U.S. Patent & Trademark Office covering certain technology used in the Site and Services. Any use of the Services or Site other than as expressly permitted herein are prohibited. Those interested in licensing any of the technologies used on the Site should contact BlastRoots, Inc. at:
Attention: Licensing Inquiry
4536 46th St. NW
Washington, DC 20016
By using this Site and/or any Services, you agree to indemnify, hold harmless and defend BlastRoots from any claims, damages, losses, liabilities, and all costs and expenses of defense,
including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this Site.
7. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND ALL SERVICES IS AT YOUR SOLE RISK. NEITHER BLASTROOTS, ITS SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNER BUSINESSES, CHARITY PARTNERS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT
THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. BLASTROOTS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY,AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL BLASTROOTS, ITS SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNER BUSINESSES, CHARITY PARTNERS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
YOU AGREE BLASTROOTS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS, IF ANY, YOU PAID TO BLASTROOTS FOR THE SERVICES IN THE THEN-PRIOR CALENDAR YEAR AND (II) ONE U.S. DOLLAR ($1).
9. Termination and Refund Policy:
For subscriptions to BlastRoots Pro, subscription fees are prepaid and are non-refundable.
BLASTROOTS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS. You may cancel your BlastRoots Pro subscription at anytime, and cancellation will be effective immediately. If you wish to cancel your BlastRoots Pro subscription you may do so via your "Account" page. We may terminate your account, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account; in such case, you will not be charged for subsequent months. Should you elect to cancel your BlastRoots Pro subscription, please note that you will not be issued a refund for the most recently (or any previously) charged fees.
BlastRoots provides some of its Content to the public without charge. BlastRoots reserves the right to terminate access to free Content at any time, with or without notice. You agree that BlastRoots, in its sole discretion, may terminate your use, and remove and discard any Content within this Site or the Service for any reason, including, without limitation, lack of use, or if BlastRoots believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service at any point. BlastRoots may also in its sole discretion and at any time, discontinue providing this Site and/or the Service, or any part thereof, with or without notice. You agree that any termination of your access to this Site or Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that BlastRoots may immediately deactivate or delete your Content, as applicable, and all related information and files. BlastRoots reserves the right to bar any further access to such files, this Site or the Service. You agree that BlastRoots shall not be liable to you or any third-party for any termination of your access to this Site or the Service.
10. Waiver and Severability
The failure of BlastRoots to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
11. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the State of Delaware, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You covenant not to bring a claim in any other forum.
BlastRoots services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
13. Jurisdictional Issues
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
14. Entire Agreement
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
15. For Additional Information
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org.
Copyright © 2012, BlastRoots All Rights Reserved.