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Statement of Rights and Responsibilities

 

This agreement was written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

 

Date of Last Revision:  24/01/2011

 

This Statement of Rights and Responsibilities ("Statement") derives from the !Change it Principles, and governs our relationship with users and others who interact with !Change it. By using or accessing Digital Democracy, you agree to this Statement.

 

  1. Privacy
    Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use !Change it to share with others and how we collect and can use your content and information.  We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

  1. Sharing Your Content and Information
    You own all of the content and information you post on !Change it and you can control how it is shared through your Profile Privacy Settings. In addition:
    1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your Profile Privacy Settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with !Change it ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you publish content or information on the website, it means that you are allowing everyone, including people not of !Change it, to access and use that information, and to associate it with you (i.e., your user name and avatar picture).
    4. We always appreciate your feedback or other suggestions about !Change it, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

  1. Safety
    We do our best to keep !Change it safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on !Change it.
    2. You will not collect users' content or information, or otherwise access !Change it, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on !Change it.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user. While lively debate is encouraged, criticism should be expressed towards campaigns, not users.
    7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
    9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on !Change it without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our !Change it Promotions Guidelines and all applicable laws.
    10. You will not use !Change it to do anything unlawful, misleading, malicious, or discriminatory.
    11. You will not do anything that could disable, overburden, or impair the proper working of !Change it, such as a denial of service attack.
    12. You will not facilitate or encourage any violations of this Statement.

  1. Registration and Account Security
    !Change it users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on !Change it, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal profile.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
    5. You will not use !Change it if you are under 16 and have been ben granted permission by a parent or guardian.
    6. You will not use !Change it if you are a convicted sex offender.
    7. You will keep your contact information accurate and up-to-date.
    8. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
    10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  1. Protecting Other People's Rights
    We respect other people's rights, and expect you to do the same.
    1. You will not post content or take any action on !Change it that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on !Change it if we believe that it violates this Statement.
    3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
    4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    6. You will not use our copyrights or trademarks (including !Change it, the !Change it Logo, or other logos directly connected with !Change it), or any confusingly similar marks, without our written permission.
    7. If you collect information from users, you will: obtain their consent, make it clear you (and not !Change it) are the one collecting their information, and post a privacy policyexplaining what information you collect and how you will use it.
    8. You will not post anyone's identification documents or sensitive financial information on !Change it.
    9. You will not send email invitations to non-users without their consent.

  1. Special Provisions Applicable to Share Links
    If you include our Share Link button on your website, the following additional terms apply to you:
    1. We give you permission to use !Change it's Share Link button so that users can post links or content from your website on !Change it.
    2. You give us permission to use and allow others to use such links and content on !Change it.
    3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on !Change it.

  1. Special Provisions Applicable to Pages
    If you create or administer a Page on !Change it, you agree to our !Change it Pages Terms.

  1. Amendments
    1. We can change this Statement at anytime changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice (by posting the change in an email to your selected email account and updating this page on the website).

  1. Termination
    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of !Change it to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.1, 11.2, and 14.

  1. Disputes
    1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or !Change it exclusively in an English Court of Law. The law governing this Agreement shall be English Law, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    2. If anyone brings a claim against us related to your actions, content or information on !Change it, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP !Change it UP,BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING !Change it "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT !Change it WILL BE SAFE OR SECURE. !Change it IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR !Change it. IN SUCH CASES, !Change it'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Special Provisions Applicable to Users Outside the United Kingdom
    We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United Kingdom:
    1. You consent to having your personal data transferred to and processed in the United Kingdom.

  1. Definitions
    1. By "!Change it" we mean the features and services we make available, including through (a) our website at www.digitaldemocracy.org.uk and any other !Change it branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; c) social plugins such as the promote button, the share button and other similar offerings and (d) other media, software , devices, or networks now existing or later developed.
    2. By "information" we mean facts and other information about you, including actions you take.
    3. By "content" we mean anything you post on !Change it that would not be included in the definition of "information."
    4. By "post" we mean post on !Change it or otherwise make available to us.
    5. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    6. By "active registered user" we mean a user who has logged into !Change it at least once in the previous 365 days.
    7. By "application" we mean any application or website that receives or has received data from us.

  1. Other
    1. If you are a resident of or have your principal place of business in the United Kingdom this Statement is an agreement between you and Democratise ltd. 
    2. References to “us,” “we,” and “our” mean Democratise ltd.
    3. This Statement makes up the entire agreement between the parties regarding !Change it, and supersedes any prior agreements.
    4. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    5. If we fail to enforce any of this Statement, it will not be considered a waiver.
    6. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    7. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    8. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    9. Nothing in this Statement shall prevent us from complying with the law.
    10. This Statement does not confer any third party beneficiary rights.
    11. You will comply with all applicable laws when using or accessing !Change it.