The “Application” shall mean the software provided by Code Nation Pty Ltd (“Code Nation”) to offer services related to CampaignNow and related services, to be used on the NationBuilder platform and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. DATA PROTECTION
The Application allows you to access certain functionality to integrate with your NationBuilder website and database. NationBuilder’s terms and conditions continue to apply.
5. PROPRIETARY RIGHTS AND LICENCE
5.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Code Nation or Code Nation's licensors.
5.2. Code Nation hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your business and personal use in accordance with these appterms.
6. CONDITIONS OF USE
6.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
6.2. The Application is currently made available to you for a fee relating to your use and account.
6.3. Failure to pay your fee upon invoice will result in you being unable to access your account.
7.1 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 the Terms, which may result in immediate termination of your account on our Service.
7.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
7.3 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.
7.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark 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.
8. SYSTEM REQUIREMENTS
8.1. In order to use the Application, you are required to have a compatible NationBuilder site.
8.2. The version of the Application software may be upgraded from time to time to add support for new functions and services.
9.1. Code Nation may terminate use of the Application at any time by giving notice of termination to you.
9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
10. LIMITATION OF LIABILITY
10.1. In no event will Code Nation be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
10.2. Code Nation is not liable to you for any damage or alteration to your NationBuilder site, including but not limited to disruption of service, change of display, or changes to your underlying database.
10.3. Nothing in these Appterms shall exclude or limit Code Nation's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
11. GOVERNING LAW
This agreement is subject to the governing law of the state of Queensland, Australia.