Legal Information
The Gist
We (the folks at The DemocracyOS Foundation) run a
5 | voting platform and web site hosting service called DemocracyOS.com and would love for
6 | you to use it. Our basic service is free, and we offer paid upgrades for
7 | advanced features such as domain hosting and extra storage. Our service is
8 | designed to give you as much control and ownership over what goes on your site
9 | as possible and encourage you to express yourself freely. However, be
10 | responsible in what you publish. In particular, make sure that none of the
11 | prohibited items (things like spam, viruses, or serious threats of violence)
12 | appear on your site or get linked to from your site.
(These Terms of Service are available under a Creative Commons Sharealike license,
13 | which means you’re more than welcome to steal it and repurpose it for your own
14 | use. It was created by our good friends of Automattic).
Terms of Service
The following terms and conditions
15 | govern all use of the DemocracyOS.com website and all content, services and
16 | products available at or through the website. The Website is owned
17 | and operated by The DemocracyOS Foundation, Inc. (“The DemocracyOS Foundation”).
18 | The Website is offered subject to your acceptance without modification of all
19 | of the terms and conditions contained herein and all other operating rules,
20 | policies (including, without limitation, The DemocracyOS Foundation’s Privacy Policy)
21 | and procedures that may be published from time to time on this Site by The
22 | DemocracyOS Foundation (collectively, the “Agreement”).
23 | Please read this Agreement carefully
24 | before accessing or using the Website. By accessing or using any part of the
25 | web site, you agree to become bound by the terms and conditions of this
26 | agreement. If you do not agree to all the terms and conditions of this
27 | agreement, then you may not access the Website or use any services. If these
28 | terms and conditions are considered an offer by The DemocracyOS Foundation,
29 | acceptance is expressly limited to these terms.
30 | The Website is not directed to children
31 | younger than 13, and service on the Website is only offered to users 13 years
32 | of age or older. If you are under 13 years old, please do not register to use
33 | the Website. Any person who registers as a user or provides their personal
34 | information to the Website represents that they are 13 years of age or older.
1. Your DemocracyOS.com Account and Site. If you create a voting platform on the Website,
35 | you are responsible for maintaining the security of your account and voting
36 | platform, and you are fully responsible for all activities that occur under the
37 | account and any other actions taken in connection with the voting platform. You
38 | must not describe or assign keywords to your voting platform in a misleading or
39 | unlawful manner, including in a manner intended to trade on the name or
40 | reputation of others, and The DemocracyOS Foundation may change or remove any
41 | description or keyword that it considers inappropriate or unlawful, or
42 | otherwise likely to cause The DemocracyOS Foundation liability. You must
43 | immediately notify The DemocracyOS Foundation of any unauthorized uses of your voting
44 | platform, your account or any other breaches of security. The DemocracyOS
45 | Foundation will not be liable for any acts or omissions by You, including any
46 | damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a voting platform, comment on a voting
47 | platform, post material to the Website, post links on the Website, or otherwise
48 | make (or allow any third party to make) material available by means of the
49 | Website (any such material, “Content”), You are entirely responsible for the
50 | content of, and any harm resulting from, that Content. That is the case
51 | regardless of what form the Content takes, which includes, but is not limited
52 | to text, photo, video, audio, or code. By making Content available, you
53 | represent and warrant that your content does not violate these terms or the User Guidelines.
54 | By submitting Content to The DemocracyOS
55 | Foundation for inclusion on your Website, you grant The DemocracyOS Foundation
56 | a world-wide, royalty-free, and non-exclusive license to reproduce, modify,
57 | adapt and publish the Content solely for the purpose of displaying,
58 | distributing, and promoting your voting platform. This license allows The
59 | DemocracyOS Foundation to make publicly-posted content available to third
60 | parties selected by The DemocracyOS Foundation (through the The DemocracyOS
61 | Foundation Firehose, for example) so that these third parties can analyze and
62 | distribute (but not publicly display) your content through their services.
63 | You also give other DemocracyOS.com users
64 | permission to share your Content on other DemocracyOS.com sites and add their
65 | own Content to it (aka to revoting platform your Content), so long as they use
66 | only a portion of your post and they give you credit as the original author by
67 | linking back to your site (the Revoting platformging function on
68 | DemocracyOS.com does this automatically!).
69 | If you delete Content, The DemocracyOS
70 | Foundation will use reasonable efforts to remove it from the Website, but you
71 | acknowledge that caching or references to the Content may not be made
72 | immediately unavailable.
73 | Without limiting any of those
74 | representations or warranties, The DemocracyOS Foundation has the right (though
75 | not the obligation) to, in The DemocracyOS Foundation’s sole discretion (i)
76 | refuse or remove any content that, in The DemocracyOS Foundation’s reasonable
77 | opinion, violates any The DemocracyOS Foundation policy or is in any way
78 | harmful or objectionable, or (ii) terminate or deny access to and use of the
79 | Website to any individual or entity for any reason, in The DemocracyOS
80 | Foundation’s sole discretion. The DemocracyOS Foundation will have no
81 | obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal. General Terms. Optional paid services such as extra storage, or domain purchases are available
82 | on the Website (any such services, an “Upgrade”). By selecting an Upgrade you
83 | agree to pay The DemocracyOS Foundation the monthly or annual subscription fees
84 | indicated for that service. Payments will be charged on a pre-pay basis on the
85 | day you sign up for an Upgrade and will cover the use of that service for a
86 | monthly or annual subscription period as indicated. Upgrade fees are not
87 | refundable.
88 | o
89 | Automatic Renewal.
Unless you notify The DemocracyOS Foundation before the end of the applicable
90 | subscription period that you want to cancel an Upgrade, your Upgrade
91 | subscription will automatically renew and you authorize us to collect the
92 | then-applicable annual or monthly subscription fee for such Upgrade (as well as
93 | any taxes) using any credit card or other payment mechanism we have on record
94 | for you. Upgrades can be canceled at any time in the Upgrades section of your
95 | site’s dashboard.
4. VIP Services.o
96 | Hosting, Support
97 | Services. VIP Hosting/Support and VIP
98 | Support services are provided by The DemocracyOS Foundation under the terms and
99 | conditions for each such service, which are located at vip.DemocracyOS.com/hosting-tos and vip.DemocracyOS.com/support-tos,
100 | respectively. By signing up for a VIP Hosting/Support or VIP Support services
101 | account, you agree to abide by such terms and conditions.
5. Firehose.o
102 | Fees; Payment. By signing up for the DemocracyOS.com Firehose
103 | you agree to pay The DemocracyOS Foundation the specified monthly fees in
104 | exchange for access to the feeds. Applicable fees will be invoiced starting
105 | from the day your access is established and in advance of using such services. The
106 | DemocracyOS Foundation reserves the right to change the payment terms and fees
107 | upon thirty (30) days prior written notice to you. Firehose access can be
108 | canceled by you at anytime on 30 days written notice to The DemocracyOS
109 | Foundation.
110 | o
111 | Permitted Use. You may use the DemocracyOS.com Firehose to
112 | develop a product or service that searches, displays, analyzes, retrieves, and
113 | views information available on DemocracyOS.com. You may also use the DemocracyOS.com
114 | name or logos and other brand elements that The DemocracyOS Foundation makes
115 | available in order to identify the source of the information.
116 | o
117 | Restricted Use. You may not use the DemocracyOS.com Firehose to
118 | substantially replicate products or services offered by The DemocracyOS
119 | Foundation, including the republication of DemocracyOS.com content or the
120 | creation of a separate publishing platform. If The DemocracyOS Foundation believes,
121 | in its sole discretion, that you have violated or attempted to violate these
122 | conditions or the spirit of these terms, your ability to use and access the DemocracyOS.com
123 | Firehose may be temporarily or permanently revoked, with or without notice.
6. Responsibility of Website Visitors. The DemocracyOS Foundation has not reviewed, and
124 | cannot review, all of the material, including computer software, posted to the
125 | Website, and cannot therefore be responsible for that material’s content, use
126 | or effects. By operating the Website, The DemocracyOS Foundation does not
127 | represent or imply that it endorses the material there posted, or that it
128 | believes such material to be accurate, useful or non-harmful. You are
129 | responsible for taking precautions as necessary to protect yourself and your
130 | computer systems from viruses, worms, Trojan horses, and other harmful or
131 | destructive content. The Website may contain content that is offensive,
132 | indecent, or otherwise objectionable, as well as content containing technical
133 | inaccuracies, typographical mistakes, and other errors. The Website may also
134 | contain material that violates the privacy or publicity rights, or infringes
135 | the intellectual property and other proprietary rights, of third parties, or
136 | the downloading, copying or use of which is subject to additional terms and
137 | conditions, stated or unstated. The DemocracyOS Foundation disclaims any
138 | responsibility for any harm resulting from the use by visitors of the Website,
139 | or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of
140 | the material, including computer software, made available through the websites
141 | and webpages to which DemocracyOS.com links, and that link to DemocracyOS.com. The
142 | DemocracyOS Foundation does not have any control over those non-WordPress websites
143 | and webpages, and is not responsible for their contents or their use. By
144 | linking to a non-WordPress website or webpage, The DemocracyOS Foundation does
145 | not represent or imply that it endorses such website or webpage. You are
146 | responsible for taking precautions as necessary to protect yourself and your
147 | computer systems from viruses, worms, Trojan horses, and other harmful or
148 | destructive content. The DemocracyOS Foundation disclaims any responsibility
149 | for any harm resulting from your use of non-WordPress websites and webpages.
8. Copyright Infringement and DMCA Policy. As The DemocracyOS Foundation asks others to
150 | respect its intellectual property rights, it respects the intellectual property
151 | rights of others. If you believe that material located on or linked to by DemocracyOS.com
152 | violates your copyright, you are encouraged to notify The DemocracyOS
153 | Foundation in accordance with The DemocracyOS
154 | Foundation’s Digital Millennium Copyright Act (“DMCA”) Policy. The
155 | DemocracyOS Foundation will respond to all such notices, including as required
156 | or appropriate by removing the infringing material or disabling all links to
157 | the infringing material. The DemocracyOS Foundation will terminate a visitor’s
158 | access to and use of the Website if, under appropriate circumstances, the
159 | visitor is determined to be a repeat infringer of the copyrights or other
160 | intellectual property rights of The DemocracyOS Foundation or others. In the
161 | case of such termination, The DemocracyOS Foundation will have no obligation to
162 | provide a refund of any amounts previously paid to The DemocracyOS Foundation.
9. Intellectual Property. This Agreement does not transfer from The
163 | DemocracyOS Foundation to you any The DemocracyOS Foundation or third party
164 | intellectual property, and all right, title and interest in and to such
165 | property will remain (as between the parties) solely with The DemocracyOS
166 | Foundation. The DemocracyOS Foundation, WordPress, DemocracyOS.com, the DemocracyOS.com
167 | logo, and all other trademarks, service marks, graphics and logos used in
168 | connection with DemocracyOS.com, or the Website are trademarks or registered
169 | trademarks of The DemocracyOS Foundation or The DemocracyOS Foundation’s
170 | licensors. Other trademarks, service marks, graphics and logos used in
171 | connection with the Website may be the trademarks of other third parties. Your
172 | use of the Website grants you no right or license to reproduce or otherwise use
173 | any The DemocracyOS Foundation or third-party trademarks.
10. Advertisements. The
174 | DemocracyOS Foundation reserves the right to display advertisements on your voting
175 | platform unless you have purchased an Ad-free Upgrade or a VIP Services
176 | account.
11. Attribution. The
177 | DemocracyOS Foundation reserves the right to display attribution links such as
178 | ‘Voting platform at DemocracyOS.com,’ theme author, and font attribution in
179 | your voting platform footer or toolbar. Footer credits and the DemocracyOS.com
180 | toolbar may not be altered or removed regardless of upgrades purchased.
12. Domain Names. If
181 | you are registering a domain name, using or transferring a previously registered
182 | domain name, you acknowledge and agree that use of the domain name is also
183 | subject to the policies of the Internet Corporation for Assigned Names and
184 | Numbers (“ICANN”) and the Domain Name
185 | Registration and Customer Service Agreement.
13. Google Apps.If you purchase a Google Apps subscription, this section applies. Google Apps
186 | are provided by Google, and your use of Google Apps is subject to Google’s Terms of Use for
187 | the services, which you’ll accept prior to using Google Apps for the first
188 | time. The DemocracyOS Foundation is an authorized reseller of Google Apps,
189 | makes no warranties about the services provided by Google, and disclaims
190 | Google’s liability for any damages arising from our distribution and resale of
191 | their services. Google will provide technical support for its services, per its Technical
192 | Support Services Guidelines. If you’re a business and purchase
193 | Google Apps for your DemocracyOS.com site, you represent that you have 749 or
194 | fewer staff members.
14. Changes. We
195 | are constantly updating our services, and that means sometimes we have to
196 | change the legal terms under which our services are offered. If we make changes
197 | that are material, we will let you know by posting on one of our voting
198 | platforms, or by sending you an email or other communication before the changes
199 | take effect. The notice will designate a reasonable period of time after which
200 | the new Terms will take effect. If you disagree with our changes, then you
201 | should stop using DemocracyOS.com within the designated notice period. Your
202 | continued use of DemocracyOS.com will be subject to the new Terms. However, any
203 | dispute that arose before the changes shall be governed by the Terms (including
204 | the binding individual arbitration clause) that were in place when the dispute
205 | arose.
15. Termination. The
206 | DemocracyOS Foundation may terminate your access to all or any part of the
207 | Website at any time, with or without cause, with or without notice, effective
208 | immediately. If you wish to terminate this Agreement or your DemocracyOS.com
209 | account (if you have one), you may simply discontinue using the Website. All
210 | provisions of this Agreement which by their nature should survive termination
211 | shall survive termination, including, without limitation, ownership provisions,
212 | warranty disclaimers, indemnity and limitations of liability.
16. Disclaimer of Warranties. The Website is provided “as is”. The DemocracyOS
213 | Foundation and its suppliers and licensors hereby disclaim all warranties of
214 | any kind, express or implied, including, without limitation, the warranties of
215 | merchantability, fitness for a particular purpose and non-infringement. Neither
216 | The DemocracyOS Foundation nor its suppliers and licensors, makes any warranty
217 | that the Website will be error free or that access thereto will be continuous
218 | or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you
219 | download from, or otherwise obtain content or services through, the Website at
220 | your own discretion and risk.
17. Limitation of Liability. In no event will The DemocracyOS Foundation, or
221 | its suppliers or licensors, be liable with respect to any subject matter of
222 | this agreement under any contract, negligence, strict liability or other legal
223 | or equitable theory for: (i) any special, incidental or consequential damages;
224 | (ii) the cost of procurement for substitute products or services; (iii) for
225 | interruption of use or loss or corruption of data; or (iv) for any amounts that
226 | exceed the fees paid by you to The DemocracyOS Foundation under this agreement
227 | during the twelve (12) month period prior to the cause of action. The
228 | DemocracyOS Foundation shall have no liability for any failure or delay due to
229 | matters beyond their reasonable control. The foregoing shall not apply to the
230 | extent prohibited by applicable law.
18. General Representation and Warranty. You represent and warrant that (i) your use of
231 | the Website will be in strict accordance with the The DemocracyOS Foundation
232 | Privacy Policy, with this Agreement and with all applicable laws and
233 | regulations (including without limitation any local laws or regulations in your
234 | country, state, city, or other governmental area, regarding online conduct and
235 | acceptable content, and including all applicable laws regarding the
236 | transmission of technical data exported from the United States or the country
237 | in which you reside) and (ii) your use of the Website will not infringe or
238 | misappropriate the intellectual property rights of any third party.
19. Indemnification. You
239 | agree to indemnify and hold harmless The DemocracyOS Foundation, its
240 | contractors, and its licensors, and their respective directors, officers,
241 | employees and agents from and against any and all claims and expenses,
242 | including attorneys’ fees, arising out of your use of the Website, including
243 | but not limited to your violation of this Agreement.
20. Translation. These
244 | Terms of Service were originally written in English (US). We may translate
245 | these Terms into other languages. In the event of a conflict between a
246 | translated version of these Terms of Service and the English version, the
247 | English version will control.
21. Miscellaneous. This
248 | Agreement constitutes the entire agreement between The DemocracyOS Foundation
249 | and you concerning the subject matter hereof, and they may only be modified by
250 | a written amendment signed by an authorized executive of The DemocracyOS
251 | Foundation, or by the posting by The DemocracyOS Foundation of a revised
252 | version. Except to the extent applicable law, if any, provides otherwise, this
253 | Agreement, any access to or use of the Website will be governed by the laws of
254 | the state of California, U.S.A., excluding its conflict of law provisions, and
255 | the proper venue for any disputes arising out of or relating to any of the same
256 | will be the state and federal courts located in San Francisco County,
257 | California. Except for claims for injunctive or equitable relief or claims
258 | regarding intellectual property rights (which may be brought in any competent
259 | court without the posting of a bond), any dispute arising under this Agreement
260 | shall be finally settled in accordance with the Comprehensive Arbitration Rules
261 | of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three
262 | arbitrators appointed in accordance with such Rules. The arbitration shall take
263 | place in San Francisco, California, in the English language and the arbitral
264 | decision may be enforced in any court. The prevailing party in any action or
265 | proceeding to enforce this Agreement shall be entitled to costs and attorneys’
266 | fees. If any part of this Agreement is held invalid or unenforceable, that part
267 | will be construed to reflect the parties’ original intent, and the remaining
268 | portions will remain in full force and effect. A waiver by either party of any
269 | term or condition of this Agreement or any breach thereof, in any one instance,
270 | will not waive such term or condition or any subsequent breach thereof. You may
271 | assign your rights under this Agreement to any party that consents to, and
272 | agrees to be bound by, its terms and conditions; The DemocracyOS Foundation may
273 | assign its rights under this Agreement without condition. This Agreement will
274 | be binding upon and will inure to the benefit of the parties, their successors
275 | and permitted assigns.
