Our Terms and Conditions

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This page (along with our Privacy Policy) sets out the terms of use on which we supply any of the Services referred to on our website at www.ActionStorm.org (“Our Website”) to you. You should read these terms of use carefully and in full before using, or ordering, any Services on Our Website. By using or ordering any of our Services, you agree to be bound by these terms of use.

Please use the method indicated on the relevant page of Our Website to indicate that you accept them. If you do not accept these terms of use, you are not permitted to use or order any Services on Our Website.

Our Website is a website operated by ACTIONSTORM LTD (Company number: 11605171) with registered office at Office F3, The Old Church, 89b Quicks Road, London, England, SW19 1EX and referred to throughout these terms of use as “we” or “us” or similar.

Our Website is currently provided free of charge for users wanting to create petitions and for users viewing and signing up to petitions, but we reserve the right at our absolute discretion to charge a fee for the use of any services on Our Website for any and all users in the future. We shall provide you with notice of any such change prior to it taking effect.

1

Terms used throughout

‘Content’ means, amongst other things: any text, images, audio or videos on Our Website. It includes any content posted by you, or sent by you to any person, entity or organisation using Our Website, or any content that has been sent to us by you that we posted on Our Website.

‘Membership’ means any and all premium paid for membership services that we may provide, whether through Our Website or otherwise.

‘Services’ means any and all of the services available from Our Website (whether free or charged; including a Membership) including but not limited to providing people and organisations with access to set up petitions, for people to view and sign up to petitions and for those people to communicate with each other.

2

Contract between us

2.1

These terms of use regulate the relationship between you and us. By buying a Membership or using Our Website or any of the Services, you agree to be bound by them.

2.2

If you are setting up a petition on behalf of an entity or organisation, you agree that you have been given the authority to represent that entity or organisation from an appropriate person, you can bind them to agreements of this nature and that any information provided to us, to be placed on Our Website or otherwise is given on behalf of that entity or organisation.

2.3

We may refuse to provide the Services to any country or area that we may see fit.

2.4

You agree that in entering into a contract incorporating these terms of use that you have not relied on any representation or information from any source except the explanation of the Services given on Our Website.

2.5

Subject to these terms of use, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.

2.6

We may change this agreement in any way at any time. Your continued use of our Services shall be deemed acceptance by you of any changes to the Services, systems and/or terms.

3

Account

3.1.

When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You shall take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.2.

You agree that you have provided accurate, non-misleading, up to date, and complete information about yourself, your organisation and/or petition. We are not responsible for any error or loss made as a result of such information being inaccurate or otherwise not as requested.

3.3.

You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4

Membership

4.1

Details of the cost and benefits of any paid Membership shall be set out on Our Website.

4.2

You may not transfer your Membership to any other person or organisation.

4.3

We reserve the right to modify the Membership rules or systems and to change the terms and use relating to Memberships at any time, without notice. Your continued use of the Membership and/or systems after such modifications shall be deemed an acceptance by you to be bound by them.

5

Posting to Our Website

5.1

We may, at our absolute discretion, read, assess, review or moderate any Content posted on Our Website. If we do, we need not notify you or give you a reason.

5.2

You agree that you will not use or allow anyone else to use Our Website to post Content which is or may:

5.2.1

be malicious, or defamatory, or otherwise untrue or unsubstantiated;

5.2.2

violate the legal rights of others (including the right of publicity, or to privacy) or contain material that could give rise to civil or criminal liability;

5.2.3

promote any illegal activity, or advocate, promote or assist any unlawful act;

5.2.4

consist of commercial audio or video files;

5.2.5

be obscene, offensive, indecent, harassing, hateful, inflammatory, threatening or violent;

5.2.6

be sexually explicit or pornographic;

5.2.7

be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

5.2.8

give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

5.2.9

solicit passwords or personal information from anyone;

5.2.10

be used to sell any goods or services or for any other commercial use;

5.2.11

link to any of the material specified above;

5.2.12

be considered to be excessive creation of petitions or repeated off-topic messaging to any forum or group or anything similar.

5.3

If you post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.

5.4

Even if access is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid posting unnecessary confidential information.

5.5

Posting Content of any sort does not change the ownership of the copyright or any other intellectual property or similar right in it.

5.6

In relation to any Content, you hereby grant to us an unlimited, non-terminable and free of charge licence (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make the Content otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. This shall include but not be limited to, permission to make all or any part of the Content available to other users and any other third parties which we feel would be interested in the Content; and to allow those persons to reproduce, display, publish or otherwise communicate the Content and you are hereby granting every other user an unlimited, non-terminable and free of charge licence to use all or any part of the Content.

5.7

You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by you.

5.8

You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

5.9

We are under no obligation to monitor or record the activity of any user for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

5.10

Any contact between, or agreement created, between users and/or those setting up petitions is solely between those persons, entities and organisations and we shall not be acting as their agent or otherwise acting on their behalf and no such person shall be acting as our agent or acting on our behalf. We provide a community management tool for those parties to find and make contact with each other as a technological intermediary.

5.11

In respect of any complaint made by you or any person on your behalf about any Content, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit. You agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

5.12

For the avoidance of doubt, the above matters apply to any person who comes on Our Website for any purpose.

6

Use of Our Website

6.1

If you violate Our Website, we shall take legal action against you.

6.2

You agree that you will not, and will not allow any other person to (without our express written consent):

6.2.1

modify, cause damage or unintended effect to any portion of Our Website, or any software used within it;

6.2.2

link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;

6.2.3

download any part of Our Website;

6.2.4

collect or use any listings, descriptions, or prices;

6.2.5

collect or use any information obtained from or about Our Website or the Content;

6.2.6

aggregate, copy, scrape or duplicate in any manner any of the Content or information available from Our Website;

6.2.7

share with a third party any login credentials to Our Website.

7

Storage and messages

7.1

We assume no responsibility for the deletion, or failure to store, or deliver email or other messages, or the storage of any Content or other information relating to the Services including lists of names and other details of those who signed up to petitions, any information related to those persons, or any text, images or links to videos provided by any person. You accept that we have no obligation or liability to in relation to the same.

7.2

Should you require any of the abovementioned information or Content for long term reasons or indefinitely, you shall be responsible for keeping off site backups of the same.

7.3

We may, from time to time, set a limit on the amount of Content you can upload or the number of messages you may send, store, or receive as part of the Services. We may delete messages or Content in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

8

Disclaimers and limitation of liability

8.1

All implied conditions, warranties and terms are excluded from any contract subject to these terms of use. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

8.2

We make no representation or warranty that the Services will be:

8.2.1

useful to you;

8.2.2

of satisfactory quality;

8.2.3

fit for a particular purpose;

8.2.4

available or accessible, without interruption, or without error;

8.3

We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

8.4

Any information available or provided to you via Our Website, any Membership area, any dashboard, or otherwise (including but not limited to the numbers of persons who have signed up to a petition, or who have shared the petition with various online platforms) may contain errors for various reasons and you should not rely on the same, without independently checking the veracity of such information. We shall accept no obligation or liability to you whatsoever in relation to the same.

8.5

We shall provide no guarantee that you can use any data provided by us for any particular purpose (including but not limited to any right to get a response from the government or getting a petition debated in the UK Parliament).

8.6

All contact details provided or made available to you as part of the Services, have been provided to us by third parties and we shall accept no liability or obligation to you (including in relation to any breach by that third party of any data protection or other privacy rules or similar legislation) for providing them to you.

8.7

If you or any other user chooses to share a petition with third party entities, such as social media providers, we cannot control what those entities do with the Content relating to the petition or links to Our Website and accept no obligation or liability in relation to the same.

8.8

You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned, or any amount of insurance we may have in relation to our business, whichever is the lower.

8.9

We shall not be liable to you for any loss or expense which is:

8.9.1

indirect or consequential loss; or

8.9.2

economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

8.10

This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999), as well as to us.

9

Term of agreement and termination

9.1

A contract subject to these terms of use shall operate indefinitely whilst you continue to use the Services; or in relation to a Membership, for the period for which you have subscribed to the Membership.

9.2

We may terminate your right to use any of the Services and/or a contract subject to these terms of use at any time, for any reason at our absolute discretion, with immediate effect by sending you notice to that effect by post or email.

9.3

Termination by either party shall have the following effects:

9.3.1

your right to use the Services immediately ceases;

9.3.2

we are under no obligation to forward any unread or unsent messages to you or any third party, or to retain any Content or other information provided by you or about you, or any other data relating to the Services.

9.4

There shall be no re-imbursement or credit if any Membership is terminated due to your breach of the terms of a contract subject to these terms of use.

10

Interruption to the Services

10.1

If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.

10.2

You acknowledge that the Services may also be interrupted for many reasons beyond our control.

10.3

You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.

11

Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

11.1

any act, neglect or default of yours in connection with a contract subject to these terms of use or your use of the Services;

11.2

your breach of a contract subject to these terms of use;

11.3

your failure to comply with any law;

11.4

any claim whatsoever arising from your use of the Services.

12

General

12.1

If any term or provision of a contract subject to these terms of use is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

12.2

The rights and obligations of the parties pursuant to a contract subject to these terms of use cannot be assigned by you, but we can assign the same without your consent.

12.3

If you are in breach of any contract subject to these terms of use, we may:

12.3.1

terminate your account and refuse access to Our Website or the Services;

12.3.2

remove or edit Content;

12.3.3

issue a claim in any court.

12.4

Any obligation in a contract subject to these terms of use intended to continue to have effect after termination shall so continue.

12.5

No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

12.6

Any communication to be served on either of the parties by the other shall be via e-mail.

12.7

We shall not be liable for any failure or delay in performance of a contract subject to these terms of use which is caused by circumstances beyond our reasonable control.

12.8

The validity, construction and performance of a contract subject to these terms of use shall be governed by the laws of England and Wales and the parties agree to the non-exclusive jurisdiction of the English courts.