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Terms of Service for agency partners

Last Updated: May 01, 2018 04:22PM PDT
Nextdoor Terms: Public Agency Addendum
 
Welcome to Nextdoor! This addendum describes your rights and responsibilities as a Nextdoor Agency member and what you can expect from us. All Nextdoor agency members are governed by the Nextdoor member agreement except for the real name policy, which includes our privacy policy; in addition, Agency members are governed by this agency addendum as well.
 
This Addendum does not apply to regular Nextdoor neighborhood members. It is not intended to confer any rights or remedies upon any person other than you and your Agency, on the one hand, and Nextdoor, on the other.
 
The member agreement (including our privacy policy) and this agency addendum (collectively, the “Terms”) cover your use in your official Agency role of the Nextdoor.com website and applications, and the services, content, and information accessed through the website and applications.
 
Our mission is to use technology to help neighbors build stronger and safer neighborhoods, and we make Agency memberships available in our discretion for use in support of that mission. By creating an Agency account, you represent that you are an employee or other authorized representative of the Agency (as defined below), and that you have the authority to create this account for use in your official capacity and to agree to the Terms, both on your own behalf and on behalf of the Agency you are acting for. If any of those statements are incorrect, or if you do not accept the Terms, then you are not allowed to create the Agency account or to use Nextdoor with it, and you must promptly cancel or deactivate your Agency account.
 
 
A.             Account Eligibility, Verification, and Management 
 
“Agency” means a local, state, or federal government entity or officeholder with authority and responsibilities for specific functions in a specific geographical area. Agency accounts are available only to employees or other authorized representatives of Agencies. Agency accounts are not available to unaffiliated individuals or to non-governmental entities such as religious institutions or non-profit organizations. Agency accounts are currently available only within the United States.
 
Agency accounts use an interface tailored to Agencies that is not available to Nextdoor neighbor members. To qualify for an Agency account, you must be an employee or other authorized representative of your Agency. You may use your Agency account only for official business, and only in your official capacity. (You are encouraged to create your own personal account in your neighborhood of residence for your personal use.)  
 
We reserve the right to verify the information that you submit during the account creation process, such as agency name, individual role, and geographic service area. We may suspend or deactivate any account based on inaccurate information.
 
If you are the first member from your Agency, your account will typically be that Agency’s “Admin” account. Admin members help establish the Agency’s geographical service area on Nextdoor and may invite additional Agency employees to create their own Agency accounts. Each Agency member must have a unique individual Agency email address, and all email addresses associated with an Agency must have the same root domain. (Exceptions require Nextdoor authorization.) The membership criteria in the membership agreement apply to all Agency accounts; for example, each employee may have only one official account. Agency members must accurately reference their Agency name when posting (e.g., “Springfield Police Department”), and are encouraged to use their real names and titles. You and your Agency are responsible for maintaining the security of your account, including by protecting your password and not sharing it except as may be required by your Agency.
 
You and the Agency are responsible for your acts as an Agency member. Your Content should communicate information of general interest or benefit to the Nextdoor neighborhood(s) you and your Agency serve; Agency accounts are not intended for use to advocate for or against a particular candidate, officeholder, political party, or ballot measure (i.e., campaigning or politicking). You understand that Nextdoor presumes that your actions and those of other Agency members are authorized and legitimate; Nextdoor has no obligation to verify the scope of authority of an Agency or its Agency members, nor the accuracy or appropriateness of any Agency Content.
 
We do not supervise Agency members or the use of Agency accounts; that responsibility lies with the Agency, just as the Agency is responsible for supervising and managing Agency employees and representatives in accordance with applicable codes of conducts, ethics, and other standards in the performance of their work duties. Each Agency is responsible for determining which of its employees and representatives are authorized to have Agency accounts, and for managing which Agency members associated with it are permitted to serve as Admins, post and edit Content, and otherwise act on behalf of the Agency. 
 
Your Agency account is tied to your official role. If your Agency position terminates (for example, you resign, or your term of office comes to an end), then you must deactivate your Agency account. Nextdoor reserves the right to suspend or deactivate Agency accounts that we think no longer meet the membership criteria. As stated in our privacy policy, Content posted before an account is deactivated may remain visible after the account’s deactivation.
 
 
B.             Public and Private Information
 
Your Agency communications through Nextdoor, including communications between your Agency and a neighbor member, may be subject to FOIA (the Freedom of Information Act) and other federal, state or local “sunshine” laws, and your interactions with your constituents on Nextdoor may be subject to the same obligations and protections (such as freedom of speech) as your interactions with them in other contexts.
 
Your profile information, as an Agency member, is always publicly viewable within the neighborhoods served by your Agency. As noted above, you must provide your title and name at registration; providing additional information is optional. (Of course, your name, title, and other information associated with you in your Agency role may be available through other sources outside Nextdoor, such as public directories outside Nextdoor.) Because of the public nature of an Agency and the requirement that you must use your Agency account only for official business, your Agency affiliation, and, at your Agency’s option, your name and official title, will appear with all Content that you post. You will not be able to hide your profile information, and the “Profile Information” paragraph of our privacy policy does not apply to you. Each Agency must include a link to its external official website or home page.
 
At Nextdoor, we prize the privacy of our neighbor members. As part of allowing you and your Agency to use Nextdoor, we require you to respect the privacy of our neighbor members.  Our system is designed to prevent Agency members from viewing, searching, or otherwise accessing conversations or direct-messages between neighbor members. (However, if a neighbor member replies to or clicks “thanks" on an Agency broadcast post, then the reply and “thanks,” including the partial identity of the neighbor, will be visible to the posting Agency and to other neighbor members in the areas covered by the Agency broadcast post; this is covered in more detail in the next section (Agency Content).)    
 
 
C.             Agency Content and Maps
 
Your Agency’s Content includes, but is not limited to, the broadcast posts that Agency accounts have the ability to publish across Nextdoor neighborhoods that fall partly or entirely within the geographical area served by the Agency. You and your Agency retain all ownership rights to your Content (as defined in the member agreement) that you submit to Nextdoor. You and your Agency allow us to publish your Agency’s Content in the Nextdoor neighborhood(s) indicated by you. You and your Agency also agree that we may publish your Agency’s Content in public feeds outside Nextdoor and share it with third parties, such as news organizations, for their use and republication.
 
You and the Agency, and not Nextdoor, are responsible for the Content you submit. We reserve the right to suspend or deactivate Agency accounts if we think the Agency’s Content or other account activity does not benefit the Nextdoor neighborhoods served by the Agency. As stated in the member agreement, you must not provide us with any Content that you don’t have the right to publish, that violates any code of conduct or ethics applicable to you, or that is defamatory, infringing, illegal or otherwise tortious. Claims of copyright infringement should be addressed as directed in the member agreement; Nextdoor reserves the right to forward any other requests or claims based on your Content to your Agency for resolution.
 
Each time an Agency member creates a broadcast post, the Agency member selects whether neighbor members may reply to that Agency broadcast post. Enabling neighbor member replies means that neighbor members can post replies to your broadcast Content. Disabling neighbor member replies means that neighbor members will not be able to post replies to your broadcast Content. Neighbor members can always click “thanks” to thank you for your Agency broadcast post, whether you have enabled or disabled neighbor member replies.
 
Neighbor “thanks” and, when enabled, neighbor replies are visible across the broadcast area, although we may redact neighbor member information such as last name and specific location. Agency Content may be made publicly available outside Nextdoor (for example, as a feed on the Agency’s website or on a local news website). In that case, the number of thanks (and the number of replies if enabled) may be publicly visible, but the actual substance of the replies, and identifying information about the neighbor members who replied to the post or clicked “thanks” will not be included and will not be publicly visible.  
 
In general, Agency members communicate primarily by broadcast posts. Agency members have a limited availability to contact Leads for the geographic area served by their Agency by direct message; Agency members can also respond by direct message to a neighbor member who replied to an Agency broadcast post. Agency members cannot otherwise direct messages to neighbor members. Agency members do not have access to neighbor-to-neighbor messages or neighborhood conversations. As with all Agency account activity, direct-messages with Leads and other neighbor members must be used for official business only (e.g., coordinating neighborhood watch; seeking community volunteers).
 
Some Agencies may provide Nextdoor with Content such as GIS map files, shape files, and similar information (“Maps”). If you provide us with Maps, you agree that we may use your Maps to refine our city limit and neighborhood shape boundaries, to help you compare your Maps against the neighborhood boundaries created by our neighbor members, and to help our neighbor members define boundaries of new neighborhoods within the communities served by you. We will not otherwise use or share your Maps.
 
 
D.             Restrictions on Nextdoor Information
 
You and your Agency acknowledge that Nextdoor may provide you with certain information that is proprietary and confidential to Nextdoor, such as aggregated statistics about neighborhood activity and size, neighborhood boundaries, membership information, and similar metrics available through our service’s “Map & Metrics” function (“Nextdoor Information”). You agree to keep the Nextdoor Information confidential, not to disclose it to any third party, and to use it only as permitted by Nextdoor for your internal official purposes. If you believe that you must disclose Nextdoor Information in connection with a subpoena or similar legal duty, you will notify Nextdoor in writing before doing so, and you agree to provide Nextdoor with reasonable assistance if Nextdoor seeks an order maintaining the confidentiality of the Nextdoor Information.
 
 
E.             Important Disclaimers
 
Nextdoor is intended to augment, not replace, your Agency’s official communication channels. Neither you nor your Agency should rely on Nextdoor as a primary channel for official communications. We ask each Agency member to include a profile link to the Agency’s external official website or home page so that neighbor members understand that the Agency’s Nextdoor membership is in addition to, and not a replacement for, the Agency’s official online presence.
 
You understand that, while we do our best to provide our services, we cannot promise that these services, including our website, applications, and software, will always function and function correctly. Nextdoor is not designed or intended for high-risk applications or circumstances requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which software or service function or malfunction could result in death, personal injury or physical or environmental damage.
 
You and your Agency acknowledge that broadcast messages and urgent alerts may not reach all neighbor members in the intended area. Neighbor members have the ability to opt-out of receiving messages from any member, including Agency members, so some of the neighbor members served by you may choose to opt out of communications from you. Text message delivery and receipt is beyond our control, and sometimes beyond the control of the wireless carrier.
 
 
F.              Other Provisions
 
These Terms (including this addendum, the member agreement, and the privacy policy) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and your Agency and us with respect to their subject matters. These Terms may be amended by notifying you of the amendment by email, or as described in the member agreement, or otherwise in writing; you can deactivate your account if you disagree with the new terms.  
 
This Addendum modifies the member agreement section titled “Governing Law/Arbitration” as follows: You agree to work amicably with us to resolve any dispute that might arise. If your Agency is not legally able to accept the governing law, jurisdiction, venue, or arbitration clauses in the “Governing Law/Arbitration” section, then the clause(s) you cannot accept will not apply to you. For U.S. governmental agencies, the governing law will be the laws of the United States of America (without reference to conflict of laws), and in the absence of federal law and to the extent permitted by federal law, the laws of the State of California (without reference to conflict of laws).
Last Updated: May 01, 2018 04:22PM PDT
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