Terms of Service

Activism.com User Agreement

"User" refers to any individual who loads any material to or from the Activism.com server. A "user" includes, but is not limited to, petition authors, 3rd party forum participants (anyone who has posted on a forum who is not a Member), individuals who make facebook comments on any of the Activism.com website properties, and petition signers.

"Member" means any person who authors a petition on the Activism.com site or any person who joins the Activism.com community by opening an account.

"Moderate", "moderated content", "moderation" refers to a process by Activism.com where content is reviewed on a random sampling basis or due to comments or feedback by 3rd parties. Activism.com uses a part active, part passive moderation regime. Active moderation is conducted primarily on a random sampling basis. Passive moderation results from feedback by 3rd parties. Due to the massive volume of content posted to Activism.com, not all content can be reviewed actively, and therefore a large amount of content is automatically posted. Activism.com does not warrant that any specific petition(s) or forum comment(s) has been actively moderated, reviewed or even seen by a human being.

"Approved" petitions may simply have passed through a review period and may NOT have been actively moderated, or even viewed, by a human being. Active human moderation is primarily done on a random sampling basis.

TOS:

(1). User/Member Agreement: In consideration of being allowed to use the website facilities provided by Activism.com, Users/Members agrees that Users/Members will not:

A. Use petition or forum facilities for any purpose in violation of local, state or national laws of any country;

B. Post material that is copyrighted, unless User/Member owns them or has the permission of the copyright owner to post it;

C. Post material that reveals trade secrets, unless User/Member owns them or has the permission of the owner of the trade secrets to post it;

D. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

E. Post material that could be construed by a reasonable person as threatening, obscene, defamatory, unreasonable, hurtful, harassing, or hateful to another User/Member or any other person or entity;

F. Post advertisements or solicitations of business;

G. Post chain letters or pyramid schemes;

H. Impersonate another person.

I. Submit false User/Member information when opening an account or signing a petition. Activism.com reserves the right to edit, change or remove an account, petitions or signatures or any other information when untruthful or inaccurate User/Member information is supplied. This includes but is not limited to Name, Address, City, State, zip (post) code and e-mail address. Members may post petitions or comments anonymously or by using a username (nickname) to protect identity as long as such usage does not conflict with the terms of use herein. Activism.com reserves the right to ask a petition author to confirm their identity and provide their residential or business address. Failure to furnish this inforamtion upon request may result in account closure.

Activism.com also reserves the right to ask a petition author (whether an individual or organization) to publish a contact person (real name) on the relevant petition. Such a request can be made at the absolute discretion of Activism.com. A request may be made, for example, because Activism.com believes that legal issues exist beteween the parties of a nature that demands identity transparency. Activism.com encourages ADR (Alternative Dispute Resolution) procedures and this is often best served with a transparency policy. Failure to comply with a request from Activism.com for identity transparency may result in account closure.

J. Signature Management and Signature Edits. Members must not edit a signature in any way that compromises the intent of the signer. Petition authors agree to edit signatures only to remedy a spelling or grammatical error, remove an obscenity or remove spam, or delete illegal material.

K. Members must use signature lists (including email addresses) responsibly, legally and in compliance with our Privacy Policy which forms part of these Terms. Members undertake not to spam their signature list. Members may forward their signature list to their petition's target but must not re-publish their petition's signature list on their own or any 3rd party website. Republication of signatures is in breach of our terms, our intellectual property rights (see Term (4) below), and our privacy undertaking to signers.

L. Will not hold Activism.com responsible for the consequences of any search engine access to public signature list details.

M. Upload a petition about any issue that is currently before the courts, or will soon be before the courts, or use a petition as an instrument to engage in pre-litigation or litigation positioning. Petitions must not discuss evidence before the courts or show contempt of any court in any jurisdiction. A petition may not lobby court official in any matter that is before the courts. A petition cannot lobby jurors or make any comment about them. A petition should not, as a general rule, lobby state or federal prosecutors or judges.

N. Petitions must not show contempt of any court or judge in any jurisdiction. Petitions must not disparage any judge, DA, lawyer, barrister or legal official regardless of whether such allegations may be true or not.

O. Petition authors may not use bots or automated scripts to upload signatures or other data to the Activism.com server, unless express permission is supplied by Activism.com. A breach of this term may result in a petition or account being disabled or closed.

P. Hold Activism.com liable in relation to third party search engine activity. Listings of Activism.com content by search engines are possible because Activism.com has a general data transparency policy. To balance this policy, Activism.com has a rigorous Privacy Policy which enables data control and data protection. Urgent requests to search engines for content removal can be made by users to those search engines through the various request channels of those search engines.

Q. In the interests of signers and site moderators, authors shall not engage in excessive editing of their petitions. Signers' trust in the information that signers have endorsed must be respected. In this respect, each petition author agrees not to change the substance of their petition(s). Authors agree not to change the essential meaning of their petition(s) so that fairness is displayed to all signers. Any editorial changes to petitions must only be of a grammatical, stylistic or non-substantive basis. If substantial changes are needed for any petition, we encourage the relevant petition author to start a fresh petition which can then be promoted to signers of previous versions for approval.

R. Petitions against neighbors, or petitions that involve disputes with neighbors who are individuals (not business or government entities) are generally not permitted at Activism.com. Petitions against local school teachers, school principals, school superintendents, school directors or administrators are generally not permitted at Activism.com. Please use local neighborhood mediation services to resolve these types of disputes. In addition, petitions against local police officers or law enforcement personnel are not permitted. Internet petitions are often not appropriate in these cases. Activism.com does not warrant that petitions on these subject matters will not appear on the Activism.com website. This clause is primarily for campaign guidance.

(2). Regarding a Member's email address:

A. A Member's email address will never be displayed publicly by Activism.com. Activism.com has a strict privacy policy that can be viewed on this website.

B. Members will normally receive email alerts regarding mail sent to their Activism.com mailbox. This alert feature may be switched off at any time by a member.

C. Members may receive periodic emails from Activism.com which relate to site functions.

(3) (a) Members agree that their petition(s) and member profile(s) may be stored in perpetuity in the Activism.com database. Members agree that if a petition is closed it will be publicly archived for signers to see the results. A closed version of all petitions will remain live on the site. Archived petitions allow for data access by signers and targets. Members are not be permitted to forward a closed petition to another petition site either by way of URL forwarding or by notation (text direction).

(b) Members acknowledge that the signature list URL can be made available by them and sent (emailed) to the petition target for viewing of the signature list at any time and on completition of the petition. Members acknowledge that this method of signature list delivery shall be sufficeint for the purposes of signature list presentation. Members acknowledge that file downloads and backups are available with premium services.

(c) Members acknowledge that they are responsible for their own content and any associated comments or fourm comments related to their petition(s). Members with petitions shall moderate comments associated with their petition(s) and shall report abuse to Activism.com if they become aware of it.

(4). License and copyright: By posting petitions and other communications, User/Member grants to Activism.com a royalty-free, perpetual, irrevocable exclusive license to use, reproduce, modify, moderate, publish, translate, distribute, perform and display those communications, inclusive of signatures, alone or as part of other works in any form, media, or technology whether now known or hereafter developed. Activism.com reserves any and all intellectual property rights, including copyright or otherwise, attached to the publication of petitions, authored by members, on the Activism.com website. Publication of a petition at Activism.com does not automatically confer copyright to the owner. Copyright of a petition text, if required, should be stated specifically in the petition where copyright is required. Activism.com shall retain copyright over all signature lists generated on the Activism.com website.

(5). Indemnity: Every User/Member agrees to hold harmless Activism.com and its officers and directors from any and all claims, actions or demands, resulting from User/Member material or personal information posted to any facilities provided by Activism.com. Members, including petition authors, agree to indemnify Activism.com for any legal claims against Activism.com resulting from member content posted on the Activism.com website, or any content endorsed by a member on the member's petition. The indemnity shall include all legals costs pre, during and post litigation resulting from any action by an agrieved party. The indemnity operates regarldless of whether the legal action is successfully defended by Activism.com or not. All and any court costs orders, regardless of a case's outcome, are included in this indemnity.

Listings of Activism.com content by search engines such as Google are the responsibility of those engines as Activism.com has a general data transparency policy. Activism.com, however, allows and encourages Members to control their own data. Activism.com seeks to balance the interests of data transparency, data control, Privacy, data access and search engine exposure for the benefit of our members and the general public. Activism.com's Privacy Policy forms part of this TOU.

(6). Users and Members are subject to the Activism.com Disclaimer. The Disclaimer forms part of these Terms. The Activism.com Privacy Policy is also subject to the Disclaimer and TOU. The Privacy Policy forms part of these Terms.

(7). Activism.com at its absolute discretion may release member or signer contact and other identifying details to third parties without notice or reasons to the member or signer. This clause would be occasionally invoked, for example, when Activism.com forms an opinion that the release of such information would be fair or equitable or may help in a legitimate legal investigation, criminal or civil.

(8). By subscribing to or using the Services, User acknowledges and agrees that Activism.com is entitled to transfer User’s personal data to third parties.
If Activism.com, or substantially all of its assets were acquired, or in the unlikely event that Activism.com goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Activism.com may continue to use your personal information as set forth in this policy and that there may be changes to the policy.

(9). Construction: Nothing in the Terms and Conditions shall be construed as reducing or limiting Activism.com's rights or interests as set forth in the Disclaimer, or as expanding Activism.com's duties, obligations or liabilities beyond those provided for in the Terms and Conditions.

(10). Activism.com reserves the right to amend or change these terms of service so as to improve the services of Activism.com.

(11). While the services of Activism.com are generally free, we reserve the right to place a sponsor's advertisement on the same page as a Member's petition. We also reserve the right to post a sponsor's url on a Member's petition. Activism.com also offers premium services on a non-refundable fee basis.

(12) Activism.com may charge for premium services, on a non-refundable basis, which may vary from time to time according to Activism.com's discretion, use of server or administrative resources, and/or service availability. Premium service accounts with petitions that have massive signature counts may attract additional charges due to extra loads on server resources. Activism.com may request the payment of premium services on an account at its discretion. Such requests may be made, for example, in circumstances where Activism.com forms the view that excessive administrative resources have been applied to an account.

(13). Activism.com has the right to moderate site content so that Activism.com's Terms are complied with. Due to the magnitude of content on the site, Activism.com does not warrant that all content is actively moderated. Activism.com does not warrant that its moderation of content complies with the laws of relevant jurisdictions. Activism.com has the right to remove any site content, including petitions and forums, without notice or reasons. Any content removal shall be at Activism.com's absolute discretion. Authors may submit a request for removal of petition information, subject to Activism.com's diescretion and an administrative fee. Petition or content removal may attract an administrative charge.

(14). Activism.com does not necessarily endorse any website or advertiser displayed on the site. Ads served by a Google robot are not selected by Activism.com.

(15). The terms herein shall be governed by the protections afforded by the Supreme Court of California to blog sites against claims for libel or copyright infringement. This website is not liable for any such infringements in relation to materials uploaded by members or users. Redress against member content lies with direct claims against members, authors and/or users, not this website.

(16). Activism.com is a premium content Website. Activism.com agrees to supply a moderated premium content site that displays and enhances petitions of local, national and international significance for the betterment of our members' interests.

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