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Terms of Use

Definitions:

The services that GoPetition provides to you are subject to the following Terms of Use ("TOU").

"User" refers to any individual who loads any material to or from the GoPetition server. A "user" includes, but is not limited to, petition authors, petition signers, any forum participant including individuals who make facebook comments on any of the GoPetition website properties, and petition signers.

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

"Moderate", "moderated content", "moderation" refers to a process by GoPetition where content is reviewed on a random sampling basis or due to comments or feedback by 3rd parties. GoPetition 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 GoPetition, not all content can be reviewed actively, and therefore a large amount of content is automatically posted. GoPetition does not warrant that any specific petition(s) or forum comment(s) has been actively moderated, reviewed or even seen by a human being. Petition edits submitted by petition authors are reviewed on a random sampling basis.

"Approved" petitions or petition edits 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.

TOU:

(1). User/Member Agreement: In consideration of being allowed to use the website facilities provided by GoPetition, 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 obscene or defamatory in relation to a User/Member or any other person or entity;

F. Post advertisements, solicitations of business, chain letters or pyramid schemes;

G. Post personal information of targets or email addresses of other people (including employees of targets) that could not be constued as either directly relevant to a public compaign or that may infringe on the personal rights of the people so named (via disclosure of personal information or personal contact information e.g. private or work email addresses). GoPetition in its discretion can remove such information from any petition without notice.

H. Impersonate another person.

I. Submit false User/Member information when opening an account or signing a petition. GoPetition 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. GoPetition 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.

GoPetition 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 GoPetition. A request may be made, for example, because GoPetition believes that  legal issues exist beteween the parties of a nature that demands identity transparency. GoPetition encourages ADR (Alternative Dispute Resolution) procedures and this is often best served with a transparency policy. Failure to comply with a request from GoPetition 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 GoPetition 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 GoPetition server, unless express permission is supplied by GoPetition. A breach of this term may result in a petition or account being disabled or closed.

P. Hold GoPetition liable in relation to third party search engine activity. Listings of GoPetition content by search engines are possible because GoPetition has a general data transparency policy. To balance this policy, GoPetition 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 residential tanants, or petitions that involve disputes with neighbors who are individuals (not business or government entities) are generally not permitted at GoPetition. Petitions against local school teachers, school principals, school superintendents, school directors or administrators are generally not permitted at GoPetition. 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. GoPetition does not warrant that petitions on these subject matters will not appear on the GoPetition 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 GoPetition. GoPetition has a strict privacy policy that can be viewed on this website.

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

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

(3)  (a) Members and users agree that their petition(s), signatures, and member profile(s) will be stored in perpetuity in the GoPetition database. Members agree that their petition(s) will be published in perpetuity on the GoPetition website for historical record. Members agree that if a petition is closed it will be publicly archived for signers and/or the general public to view so as to ascertain the status of the petition and/or the results of the petition. A closed version of all petitions will remain live on the site as an historical record. Archived petitions allow for data access by signers and targets. Archived petitions also allow the general public to ascertain the status of a petition. Archiving also has other historical and social benefits. Members are not permitted to forward or refer an open or closed petition to another petition site either by way of URL forwarding or by notation (text direction). User signatures are retained in the GoPetition database for legal reasons. Retained data, howerer, will be subject to fair usage and the reasonable consents of users in relation to publication. GoPetition reserves the right to request members to disclose their identity on any petition they are associated with, either as a campaign author, campaign organizer or author.

       (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 GoPetition if they become aware of it. GoPetition

(4). License and copyright: By posting petitions and other communications, User/Member grants to GoPetition 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. GoPetition reserves any and all intellectual property rights, including copyright or otherwise, attached to the publication of petitions, authored by members, on the GoPetition website. Publication of a petition at GoPetition 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. GoPetition shall retain copyright over all signature lists generated on the GoPetition website.

(5). Indemnity: Every User/Member agrees to hold harmless GoPetition 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 GoPetition. Members, including petition authors, agree to indemnify GoPetition for any legal claims against GoPetition resulting from member content posted on the GoPetition 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 GoPetition or not. All and any court costs orders, regardless of a case's outcome, are included in this indemnity.

Listings of GoPetition content by search engines such as Google are the responsibility of those engines as GoPetition has a general data transparency policy. GoPetition, however, allows and encourages Members to control their own data. GoPetition 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. GoPetition's Privacy Policy forms part of this TOU.

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

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

(9). GoPetition reserves the right to amend or change these terms of service so as to improve the services of GoPetition.

(10). While the services of GoPetition 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 and/or as a text link on a Member's petition text. We may also add a short text phrase or sentence to a petition which includes a sposnor's text link, as long as such additions do not affect the spirit of the petition.

(11) GoPetition may charge for premium services, on a non-refundable basis, which may vary from time to time according to GoPetition'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. GoPetition may request the payment of premium services on an account at its discretion. Such requests may be made, for example, in circumstances where GoPetition forms the view that excessive administrative resources have been applied to an account. Currently GoPetition does offer premium services, payment of which is non-refundable.

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

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

(14). 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.

(15). GoPetition is a premium content Website. GoPetition 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.