- Acceptance of the Terms and Conditions.
1.1 By accessing or using the Website, creating a campaign or petition or signing up to an existing petition, you acknowledge that you have read, understood, and agree to this Agreement.
- Creating a Campaign
2.1 We reserve the right to remove and report any campaign or petition that we consider to contain any illegal content or any content that promotes hatred, violence or discrimination. All content will be moderated before publication.
2.2 Campaigns and petitions may not explicitly promote any political parties or contain any partisan political content.
2.3 We reserve the right to remove any campaign or petition which is not in line with our Mission.
2.4 You must take steps to ensure that the wording, facts and claims in your petition or campaign are accurate and true. If we deem that your campaign or petition contains baseless information not verifiable by independent credible sources we may remove it.
2.5 If you would like to create a campaign or petition using the Website, you must set up an account with us. When setting up your account, you must provide information about yourself that is true, current and complete. The name you use to set up your account will be shown on your petition page under the heading 'Campaign created by', and will be viewable by anyone who signs or views the petition online.
2.6 You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account. You must not transfer or share your account details with anyone else. You must notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising in connection with any unauthorized use of your account.
2.7 When you provide us with your email address and, at your option, your mobile phone number at any time, you consent to receiving messages (including by email, SMS and/or MMS):
(a) from the individuals and organizations who have signed your campaign;
(b) from us in relation to your campaign
2.8 You can unsubscribe from messages sent by us at any time by clicking on the “unsubscribe” link at the bottom of our emails.
2.9 As the creator of a campaign, you will have access to the names and other personal information of the individuals signing your campaign, either for themselves or on behalf of an organization (“Campaigners’ Details”).
2.10 You may use the Campaigners’ Details for the sole purpose of sharing information directly relating to your campaign or petition (such as sending updates on the number of signatures reached). You cannot send more than 3 messages per week to any individual or organization.
2.11 You may not use Campaigners’ Details for any other purposes including for the purpose of promoting yourself as a political candidate, politician, or for promoting any political party.
2.12 You must immediately stop sending messages to anyone who asks to be unsubscribed from your communications.
2.13 You acknowledge that we have no control over the messages sent to you by the individuals or organizations who sign your campaign or petition.
2.14 You release and forever discharge us from any liability, action, claim, injury, loss or damage you suffer or incur relating to, or in connection with, any campaign or petition you create on the Website, any messages you receive from other users of the Website, and any event you attend that has been organized on the Website.
- Your Content
3.1 You warrant that all text, images, photographs and other content you post on the Website is your original work and/or to the extent that Your Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on the Website.
3.3 By submitting and posting Your Content on the Website, you give 350.org a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, communicate, display and distribute Your Content in any format, using any medium, for the purpose of promoting your campaign. Your Content is not confidential and may be publicly accessible.
- Signing a Campaign
4.1 If you would like to sign any campaign or petition on the Website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a campaign or petition.
4.2 When you provide us with your email address you confirm that you consent to be kept informed about the campaign and you consent to receiving messages by email:
4.2.1 from the creator of the campaign in relation to the campaign or petition you have signed;
4.2.2 from us in relation to 350.org’s work where you have opted in to these communications.
4.3 You can unsubscribe from messages sent by us at any time by clicking on the “unsubscribe” link at the bottom of our emails.
4.4 You acknowledge that:
4.4.1 when you sign a campaign on the Website, your name and post code will be made available to the creator of the campaign;
4.4.2 Any content you submit or post on the Website is likely to be publicly available, including your comments on any petitions you signed; and
4.4.3 The creator of the campaign may export the campaign, together with any information you have posted on the Website in connection with the campaign (which could include your name, post code and comments), and provide the campaign to the individual or organization being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign.
4.5 You release and forever discharge us from any liability, action, claim, injury, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign or petition you sign on the Website (including any messages you receive from the creator of a campaign), any messages you receive from other users of the Website, and any event you attend that has been organised on the Website.
- Using the Website
5.1 The Website is available for your personal and non-commercial use only.
5.2 350.org does not endorse or authorise any campaigns or member generated content on the Website.
5.4 You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of the Website for the purpose of sending unsolicited commercial messages or for any other purpose.
5.5 We update and carry out maintenance on the Website regularly, so we may have to suspend access, service or functionality on the Website from time to time, without notice. We will not be liable if, for any reason, the Website is not available at any time or for any period of time.
5.6 We own, or are the licensee of, the intellectual property rights in the content of the Website, including text, photos, images and trademarks. You may not use these without our consent.
5.7 By using this website you confirm that you are over 18 years of age. We do not knowingly process data of any person under the age of 18. If we learn that a child under the age of 18 has provided us with personal information, we will delete it in accordance with applicable law.
- Links to Third Party resources
6.1 Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.
6.2 We do not usually allow links to third party petition sites in either our petitions or in emails that you send out to your petition signers. We reserve the right to remove or edit petitions and delete or edit emails that link to third party petitions in breach of this term.
- Closing Your Account
7.1 We may suspend or cancel your account, if you fail to comply with your obligations under these Terms of Service.
7.2 If your account is suspended or closed for any reason, you will not have access to the account (including Your Content).
- General Terms
8.1 Although we make great efforts to ensure that the Website functions properly and serves as a powerful tool for organizing a global movement against the climate crisis, it is necessary for us to limit our legal liability in the event that something does go wrong. Accordingly, we need for you to agree to the following limitations of liability and disclaimers of warranties.
8.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 350.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
(b) 350.ORG MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 350.ORG OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8.3 350.ORG, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES (THE “PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In an unanticipated situation where your breach of this Agreement or misuse of the Website causes a problem for 350.org, we find it necessary to protect ourselves to prevent possible harm to our ability to accomplish our Mission. Accordingly, you agree to defend, indemnify, and hold harmless 350.org from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Website. We will provide you with notice of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests in assisting us.
- User Must Comply with Applicable Laws.
Although the 350.org movement is global, this Website is based in Washingon D.C., USA. We make no claims concerning whether the Content may be downloaded or viewed outside of the United States. Whether inside or outside of the United States, you agree to be solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11.1 This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York.
11.2 If any provision of this Agreement is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement.
11.3 If 350.org fails to act on or enforce any provision of the Agreement, it shall not be construed as a waiver of that provision or any other provision in the Agreement. No waiver is effective against 350.org unless it is made in writing.
11.4 Except as expressly agreed by 350.org and you, this Agreement constitutes the entire Agreement between you and 350.org with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between you and 350.org with respect to the subject matter.
11.5 The section headings are provided merely for convenience and have no legal or contractual effect.
11.6 This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.