Welcome to our app and thanks for your interest in the services we provide (the “Services”). These Services are provided by Building Block Labs, LLC, whose principal business office is located in Spokane, Washington, USA. You can reach us by mail at Building Block Labs, LLC, P.O. Box 8812, Spokane, WA 99203, and you can also reach us by e-mail at Hello@BuildingBlockLabs.com.

In order to use the Big Nest web app (the “App”) or any of our Services (which includes access to the App), you must first agree to these terms. You agree by using our Services or using our App in any way. If you do not want to be bound by these terms, please leave our App and stop using our Services.

Please read these terms carefully before you use our Services. They include provisions that limit our liability and limit your remedies for the Services we provide. They also include promises which you make whenever you use the Services, and other provisions that will affect your legal rights. You should also Print a copy of these terms for your records. When we use words like “we”, “us” or “our” in these terms we are referring to Building Block Labs, LLC.

Who May Use our Services

You may not use our Services, and you may not accept these terms, if you are not of legal age to form a binding contract with us (e.g., you are a minor), or if you cannot lawfully receive our Services under the laws of the United States or the country where you reside or where you are attempting to use the Services.

Your acceptance of these terms provides you with a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services and any software provided as part of the Services (the “Software”) for as long as you have a valid Account. You may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software (in whole or in part), unless this is expressly permitted or required by law, or unless you have been specifically told by us that you may do so in a separate written agreement.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services. You may not assign or transfer your rights to use the Services or the Software to anyone in any way without first obtaining our express written consent.

Additional Terms

These terms include the terms of any Legal Notices that are posted to the App. There may be additional terms you must accept in order to use a particular Service, or to use a Service in a particular way. Any additional terms will be available with the relevant service, and in some cases may be set out in a separate, printed written agreement. If there is a conflict, the additional terms will control over these terms or any Legal Notices as they apply to the Service for which the additional terms are required.

Your Account

To use some of our Services, you must create an account with us (an “Account”), provide a valid e-mail address, and establish a relationship with our payments provider. You agree that all information you provide to us or to our payments provider, whether to establish your account or to use any of the Services, will always be true, accurate and up to date.

When you create an Account, you accept the responsibility to keep your user name and password secret. You are responsible for all activities that occur under your Account, whether or not you have authorized those activities. If you suspect any unauthorized use of your Account, or believe your password or user name has been lost or stolen, you must notify us immediately at Hello@BuildingBlockLabs.com.

Content in the Services

Our Services allow you to distribute and display information (e.g., images that you have uploaded and verbiage describing your organization's activities) in various ways and to allow others to access that information. All information which can be accessed through our Services is referred to in these terms as “Content”.

You understand that all Content which you may have access to as part of, or through your use of, the Services is the sole responsibility of the person who originated the Content.

You agree that you are responsible for all Content you create, upload, display, or transmit through the Services (“Your Content”), and that Building Block Labs has no responsibility to you or anyone else for the consequences of your actions. You consent to our use of Your Content as needed to provide the Services or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), both during and after the time when you have a valid Account, and you acknowledge this may require us to allow the use of Your Content by others who provide services to us.

Apart from your Content, other Content presented to you as part of the Services may be owned by us or by others and may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by, either us or by the owners of that Content, in a separate written agreement. You may, however, use the tools provided through the Services to organize, display and distribute your Content through the Services for as long as you have a valid Account.

We reserve the right (but we have no obligation) to review, flag, filter, modify, refuse, or remove all Content, including Your Content from any Service for any reason in our sole discretion without prior notice to you.

You may find some Content that you access through the Services to be offensive, indecent, or otherwise objectionable, and in that respect you use the Services at your own risk. There are commercially available services and software tools to limit access to material that you may find objectionable.

Your Responsibilities When Using our Services

When you access our App or use our Services, you must do so only as allowed by our terms, any additional terms, and the law.

Each time you upload, create, display or distribute Content through our Service, it is your responsibility to make sure that your use of the Content does not violate the intellectual property rights of others. You agree that you will not use our Services in any way that infringes or misappropriates the intellectual property rights of Big Nest or anyone else. You make this promise to us each time you upload, distribute or create Content using the Services.

You will not use the Services in violation of, or to attempt to circumvent, applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control.

Privacy, Data Collection, and Copyright Protection

You agree to the collection and use of your data as described in our Privacy Policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. To notify us of a claim of infringement, consult the "copyright-infringement" section below.

Temporary Suspension

If you violate these terms or our Acceptable Use Policy, we may temporarily suspend your access to the Services without prior notice. If we suspend your access, we will provide you with notice of our decision as soon as is reasonably possible and we will exercise reasonable efforts to resolve the issues which led to your suspension and to restore your access to the Service. You agree to cooperate fully with us in resolving any issues.

If we suspend your access to the Services, you will remain responsible for payment of any subscription fees on your Account. We are not obligated to provide you with a credit, or to refund any portion of your subscription fees, during the period of suspension. Our right to suspend your access to our Services is in addition to our right to terminate this agreement.

Changing and Terminating our Services

We strive to continuously improve our Services. We have the right to add or remove functionality or features or to suspend or stop a Service altogether.

You can stop using our Services at any time. We may also stop providing Services to you, or add or create new limits to our Services at any time. If we stop providing Services to you without a good reason (such as your failure to abide by these terms) we will refund to you any unused portion of the subscription fees you have paid, prorated over the life of any pre-paid subscription.

If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get your Content out of that Service.

Warranties and Disclaimers

We provide our Services using a reasonable level of skill and care. There are certain things that we don’t promise about our Services.

We provide the services “as is”. Other than as expressly stated in these terms or additional terms, we do not make any specific promises about the services. For example, we don’t make any commitments about the content, the security of the content, or the absence of errors or harmful components in the content, the functionality of the services, or their reliability, availability, accuracy, or responsiveness to your needs.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude and disclaim all such warranties.

You may have additional rights under your local laws that these terms cannot change.

Liability for Our Services

To the extent permitted by law, Big Nest, and our suppliers and resellers, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Big Nest, and its suppliers and resellers, for any claim under these terms, including for any implied warranties, is limited to the amount you paid us to use the services.

These limitations will apply even if the remedy provided does not fully compensate you for your loss, or fails its essential purpose, or if we knew or should have known about the possibility of the damages at issue. Some jurisdictions do not allow the limitation of some types of damages, so the above limitations or exclusions may not apply to you.

We will not be liable for any delay or failure to perform any obligation where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Business Use of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Big Nest and its officers, agents, employees, members, and affiliates from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

US Government Rights

The Services are provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Services. If you are using the Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Services. The terms “commercial item” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

Notices

Giving notice to you: You authorize us to use any e-mail address you provide in connection with your Account to communicate with you for all purposes related to the Services and these terms. Any notice we send to an e-mail address you provide will be considered as received by you when it has been sent. We may also provide notice to you by posting it to the App, in which case notice will be effective on posting.

Giving notice to us: You must contact us by personal delivery, overnight courier, or registered or certified mail to the address shown in the first paragraph of these terms. Notice by personal delivery will be effective immediately. Notices by overnight courier will be effective one business day after they are sent. Notices by registered or certified mail will be effective three business days after they are sent.

All communications and notices must be in the English language.

About these Terms

We have the right to change or add to these terms or any additional terms that apply to a Service. For example, we might change the terms to reflect changes to the law or to a Service. You should look at the terms regularly. We will post notice of modifications to these terms on this page. Changes will become effective when they are posted. If you do not agree to the changed terms for a Service, you should stop using that Service.

If we provide you with a translation of the English language version of these terms, you agree that the English language version will control if there is any conflict between it and the translated version.

If you do not comply with these terms, and we don’t take action right away, this does not mean we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Disputes and Governing Law

Any dispute arising out of or relating to these terms or the Services will be governed by the laws of the State of Washington, U.S.A., in the same manner that such laws would apply to a dispute between residents of that state. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

All disputes will be resolved by binding arbitration administered by the Superior Court for Spokane County, Washington, or, at the option of Big Nest, by the federal court for the Eastern District of Washington. The arbitration will be governed by RCW Chapter 7.04A and, when not in conflict with that law or these terms, by the general procedures in the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator will not have power to add to, modify, detract from, or alter in any way the provisions of these terms, or to make an award of consequential, incidental, punitive or exemplary damages unless such award is expressly authorized by these terms. Each party to any arbitration proceeding will pay its own fees and costs, and will pay an equal share of all other proper fees and costs relating to the arbitration including the fees of the arbitrator. The decision of the arbitrator will be final and non-appealable, and may be enforced according to the laws of the State of Washington.

We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our intellectual property rights or the rights of those who provide services to us in connection with the Services, and we may recover from any infringer all damages authorized by these terms or other provisions of law.

Acceptable Use Policy

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by Building Block Labs, LLC (the “Services”) and the Big Nest app (the “App”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the App. Each time you use the Services or access the App, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or App for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:

• Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
• Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
• Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
• Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
• Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

• Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
• Interception. Monitoring of data or traffic on a System without permission.
• Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

• Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
• Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
• Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
• Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No Email or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or App. We may:

• investigate violations of this Policy or misuse of the Services or App; or
• remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the App.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please notify us by e-mail to Hello@BuildingBlockLabs.com.