NationBuilder Marketplace Themes By Tectonica: Terms & Conditions | Ethical Guidelines
Terms & Conditions
Tectonica provides website and software services subject to the following terms and conditions, which may be updated from time to time without notice. You can review the most current version at any time on this page. By purchasing products or service developed by Tectonica on the NationBuilder Marketplace, you confirm that you have read, understood, and agree to the terms and conditions listed below.
1.1 “Agreement” means the entire content of this document,
1.2 “Intellectual Property Rights” means any proprietary rights, including but not limited to patents, copyrights, trademarks, design patents, trade secrets, domain names, know how.
1.3 “Tectonica Product” means a software solution developed and owned by Tectonica, which allows organizations to set up personalized activist spaces within the NationBuilder framework, reward activists and manage interactions with activists.
1.4 “Tectonica Tools” means all software and design tools developed and/or utilized by Tectonica in performing the Services, including, without limitation, pre-existing and newly developed software including source code, Web authoring tools, type fonts, application tools, platforms, frameworks, website design, architecture, layout, navigational and functional elements together with any other software, or other inventions (whether or not patentable), general concepts developed by Tectonica (whether or not copyrightable) and Tectonica products.
1.5 “Services” (or “Tectonica’s Services”) means all services, code and the work product to be provided to Client by Tectonica as described and otherwise further defined in the Software Description.
1.6 “Client” refers to individuals or agencies purchasing a Tectonica theme from NationBuilder’s marketplace.
2.1 License. Tectonica hereby grants Client a limited license to use Tectonica products with Client’s NationBuilder account. Such license shall be revocable, non-exclusive, non-transferrable and non-sublicensable, and shall be limited to use on one nation only.
2.3 Support. Tectonica shall provide technical support and assistance to the Client in the form of online documentation and investigating reported bugs for the term of one year following purchase. We reserve the right to asses, and determine if reported issues are due to Tectonica’s code and covered as support issues, as well as reject support requests for problems that occur after theme files have been modified. You may or may not be notified or our determination of whether an item is determined to be covered under support.
2.4 Users. Parties acknowledge and agree that use of Tectonica’s products and the Services by Client or by third parties (including, without limitation, Client’s users, supporters, activists, employees, agents, representatives, subcontractors or clients, hereinafter “Users”) may be bound by additional terms and conditions. Such terms and conditions may be established by Tectonica and/or by NationBuilder, by Client or by any third parties. Users shall accept and abide by such terms and conditions prior to the use of Tectonica products and of the Services.
2.5 No Exclusivity. The Parties expressly acknowledge that use of Theme developed by Tectonica does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by Tectonica, and Tectonica shall be entitled to offer and provide software services to others, solicit other clients and otherwise advertise the services offered by Tectonica.
3. Mentions & Recognition
3.1 Mentions. Websites created using Tectonica’s themes must include “Created with NationBuilder using the Ignite Theme by Tectonica” and a hyperlink to NationBuilder, the Theme marketplace and Tectonica’s main website (or other online sites, in Tectonica’s sole discretion). Tectonica retains the right to publish and display Client’s name and logo in Tectonica’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the sole purposes of recognition of creative excellence or professional advancement.
4.1 Client represents, warrants and covenants to Tectonica that:
(b) Client shall not use the product or any Tectonica services in any way that is unlawful, harassing, that is harmful to minors in any way, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, or which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable. Client fully acknowledges reading Tectonica’s Ethical Guidelines and agrees to abide by them.
5. LIMITATION OF LIABILITY
5.1 Neither Tectonica nor its officers, directors, employees, or agents shall be liable to the Client for any claims, liabilities, or expenses relating to this Agreement in excess of the fees payable to Tectonica by the Client pursuant to this Agreement and in no case shall Tectonica be liable to the Client for any indirect, punitive, special, impact, incidental, or consequential damages in connection with or arising out of the Agreement (including without limitation, loss of business, business interruption, revenue, profits, goodwill, use, data, or other economic advantage), however they arise, whether in breach of contract, breach of warranty, or in tort, including negligence, even if Tectonica had previously been advised of the possibility of such damages. Tectonica may only be liable for gross negligence or intentional tort. Tectonica disclaims all other warranties and conditions, whether express, implied, statutory or otherwise, including any express or implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement.
5.2 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SOFTWARE IS UNDER DEVELOPMENT AND MAY CONTAIN BUGS. THE WARRANTIES CONTAINED HEREIN ARE THE SOLE WARRANTIES PROVIDED BY TECTONICA AND ARE EXPRESSLY PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ALL OF WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY TECTONICA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE CLIENT AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY AGAINST TECTONICA WILL BE LIMITED TO THE REPAIR OR REPLACEMENT OF NONCONFORMING PRODUCT IN CONFORMITY WITH THIS AGREEMENT, PROVIDED TECTONICA IS PROMPTLY NOTIFIED IN WRITING OF ANY DEFECT. THIS EXCLUSIVE REMEDY WILL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS TECTONICA IS WILLING TO REPAIR OR REPLACEMENT OF THE NONCONFORMING OR DEFECTIVE PRODUCT.
6.1 By Client. Client agrees to indemnify, save and hold harmless Tectonica from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances, Client shall promptly notify Tectonica in writing of any claim or suit. Tectonica has sole control of the defense and all related settlement negotiations. Tectonica shall provide Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section.
6.2 By Tectonica. Subject to the terms, conditions, express representations and warranties provided in this Agreement, Tectonica agrees to indemnify, save and hold harmless Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with Tectonica’s representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of Client.
7.1 Tectonica does not offer refunds for termination of use of Tectonica products.
While we are champions of free speech, we know that words also have the power to do great harm. We do not allow the use of NationBuilder Marketplace Themes by Tectonica for campaigns or organizations that promote hatred, harassment, or cyberbullying of any person or class of people based on their identity, or characteristics.
NationBuilder Marketplace Themes by Tectonica must not be used by campaigns or organizations that promote discrimination of or oppression towards people, based on their identity, or characteristics, nor by those campaigns or organisations that advocate for infringement of universal human rights.
NationBuilder Marketplace Themes by Tectonica are not to be used by campaigns and organizations that oppose democracy and fair governance, nor to be used as a platform for the support of totalitarian or repressive regimes, including the current governments of: Saudi Arabia, Venezuela, Sudan, Syria, Zimbabwe, Myanmar, Eritrea and North Korea. Tectonica themes are not to be used by campaigns or organization that in any way support the occupation of Palestinian Territories in opposition to international law.
NationBuilder Marketplace Themes by Tectonica are not to be used by campaigns or organizations committing or promoting environmental destruction, nor to be used for the promotion of practices that directly or indirectly support human trafficking, marketing of harmful substances, and weapons trafficking or sales.
NationBuilder Marketplace Themes by Tectonica are not to be used for causing harm to children in any way.
Enforcement by NationBuilder Marketplace Themes by Tectonica: If we are put on notice that your campaign or content violates the law or the rights of others (for example, if it is established that it is defamatory or violates privacy, intellectual property or publicity rights or others, or is funding an illegal activity), if we discover that your campaign or content violates our Ethical Guidelines, or if we believe your campaign or content is inappropriate or objectionable, we may terminate the availability of use of theme files controlling NationBuilder Marketplace Themes by Tectonica or demand you cease using any theme files developed by Tectonica. In the spirit of collaboration, we aim to notify you and try to work with you to fix the issue before we take any of these actions.
NationBuilder Marketplace Themes by Tectonica has discretion in enforcing these terms. We may terminate or suspend your permission to use our theme files at any time, and with or without notice, for any material or repeated violation of these terms, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or for engagement by you in fraudulent or illegal activities. Upon any such termination we may no longer allow your organization access to our theme files. Your content may still be available on the NationBuilder platform even if you no longer have access to such files. You agree that we will have no liability to you or any third party for termination of your account, removal of your content or blocking of your access to our platforms and services.