MoveOn Petitions Terms of Use Agreement

Welcome to MoveOn Petitions, a Site operated by MoveOn.org Civic Action (”MoveOn” or "We" or "Us") for creating, circulating, and signing free online public petitions. Our Services include Our website, www.MoveOn Petitions, and other features, content, and functionality offered by Us from time to time in connection with Our website (the "Site").

This site is currently licensed by MoveOn.org Political Action and operated at the URL http://pac.petitions.moveon.org under the name "MoveOn Petitions Political Action Edition." Users of http://pac.petitions.moveon.org are subject to the same terms of service as users of MoveOn Petitions, as outlined below:

These Terms of Use (the "Agreement") outline the terms under which you may use the Site. This Agreement is to be read in conjunction with the rules for acceptable petitions, detailed on the Frequently Asked Questions page, which apply to any and all content posted on the Site, and our Privacy Policy, located here, all of which comprise the complete conditions surrounding your use of the Site.

If you wish to visit the Site or become a Member, which allows you to create petitions, interact with other Members, and make use of Services offered by the Site (the "Services"), read this Agreement and Privacy Policy carefully. You must accept the terms listed in this Agreement in order to become a Member or use the site. If you have questions about this Agreement or Our Privacy Policy, please contact Us at MoveOn Petitions, c/o MoveOn.org Civic Action, PO Box 9038, Berkeley, CA 94709. This Site is for use in the United States.

The Bottom Line

By using and/or visiting Our Site, whether or not you register as a petition signer or creator ("Member"), you: (1) agree to be bound by this Agreement; (2) agree to our Privacy Policy, which is located at http://petitions.moveon.org/privacy.html and is incorporated here by reference; and (3) agree to be bound by other legal notices that may be posted on the Site from time to time. The legally binding terms of these documents set out your rights, obligations, and restrictions regarding your use of Our Site. In order to participate in certain Services, you may be required to download content or software, and/or required to agree to additional terms and conditions. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. If you do not agree to this Agreement (which comprises these Terms of Use and Our Privacy Policy) please do not use the Site.

Modification to Agreement

We may change or update this Agreement from time to time, and any such modifications shall be effective upon posting on the Site. Your use of Our Site after a change has been posted signifies your agreement to any such changes. You should review this Agreement periodically to make sure you are up to date on any changes. THIS AGREEMENT WAS LAST UPDATED ON: March 29, 2012.

Use Common Sense and Company Manners

Regardless of why you're here, please be respectful and kind. We know you've got an issue to raise and passions can run high. We respect that, but please leave the verbal boxing for another ring. While we do not monitor the Site for content, if We are made aware of inappropriate content on the Site, it will be removed, in the sole discretion of MoveOn.

We suggest you give careful thought to the information you post about yourself in your account on Our Site, since you or other Members may be choosing to share it with other Users and such information could be shared outside of this Site.

Eligibility, Membership, and Registration Information

Your can review petitions and access some parts of the Site without registering and becoming a member (“Member”), but you must become a Member to create and/or sign a petition on this Site.

During the registration process, you will be prompted to provide personal information that allows Us to know who you are, such as your full name, age, street address, email address, and phone number ("Personal Information"). Please see our Privacy Policy to see how this information will be used.

During the registration process, you will also be asked to choose a password and user name. You are entirely responsible for maintaining the security of your password. Do not use another Member's account or password at any time, or disclose your password to any third party. Please notify Us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Site. Your disclosure of your password to any other person is entirely at your own risk. Although MoveOn will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.

By using the Site, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current, and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of the Site does not violate any applicable law or regulation.

MoveOn does not monitor the information you provide on the Site generally, but if MoveOn becomes aware of information that may not be accurate, MoveOn may, in its sole discretion, make inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. MoveOn considers false information a violation of these terms and may take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity; or MoveOn may suspend or cancel any Member’s access it believes to be false, inaccurate or incomplete. Notwithstanding the foregoing, you acknowledge that MoveOn cannot guarantee the accuracy of any information submitted by any User of the Site, nor any identity information about any Member.

If you are 18 years of age or older, you may register as a Member and use the Site and the Services. By registering as a Member and using Our Services, you affirm that you are 18 years of age or older and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

The Site is not intended for individuals under 18. If you are under 18 years of age, please do not use Our Site.

Non-Commercial Use

The Site is for the personal use of Members for the purposes set out in this Agreement and may not be used for any purpose whatsoever other than to create, circulate and transmit petitions on public policy issues, policies, and legislation in accordance with the terms of this Agreement. In no event can this Site be used for any commercial or for-profit endeavor or purpose, which is a violation of these terms.

Any illegal, inappropriate, and/or unauthorized use of the Site, including collecting User Names and/or email addresses of Members by any means for the purpose of sending unsolicited email, may result in termination of your Membership. Commercial advertisements' affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.

No Use for Commercial or Fundraising Purposes

The Site is for the personal use of Members for the purposes set out in this Agreement and may not be used for any purpose whatsoever other than to create, circulate and transmit petitions on public policy issues, policies, and legislation in accordance with the terms of this Agreement. In no event can this Site be used for any commercial or for-profit endeavor or purpose. The Site also may not be use to raise funds for or solicit contributions to any candidate, group, organization, committee or entity, any of which will be treated as a violation of these Terms. Users of MoveOn Petitions Political Action Edition at http://pac.petitions.moveon.org may be exempted from the prohibition on fundraising at our discretion.

Any illegal, inappropriate, and/or unauthorized use of the Site, including collecting User Names and/or email addresses of Members by any means for the purpose of sending unsolicited email, may result in termination of your Membership. Commercial advertisements' affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.

Creation and Use of Member Content and Petitions

A. Acceptable Content and Use

This Site is designed solely for the creation, dissemination, and signing of non-commercial petitions and raising awareness for issues relating to public policy issues, policies and legislation. These are the only acceptable uses for this Site. Acceptable petitions, (“Petitions”), comments images, and text uploaded or added to the Site (collectively “Member Content”) must be consistent with the design of the Site and may be removed in the event they are inconsistent with such design or violate these Terms of Use.

MoveOn, in its sole discretion, may from time to time, select Petitions and other Member Content from among those submitted and post that Member Content on the MoveOn home page, or use it to promote a particular Petition campaign. MoveOn may also send email communications concerning select Petitions or Member Content to MoveOn Members. MoveOn may also contact you directly regarding your Petition, if in its sole discretion, MoveOn believes a Petition warrants particular attention. By using the Site, you acknowledge that MoveOn is not obligated to select or otherwise provide exposure to any Petition.

B. Prohibited Member Content and Petitions; and Prohibited Content Uses

MoveOn shall have the right to refuse or remove any Member Content and/or Petition that it deems, in its sole discretion, inappropriate and/or in violation of the terms or spirit of this Agreement. The following is a partial list of the kind of Member Content and/or Petitions that are illegal or otherwise prohibited under these terms of use. By way of illustration, but not limitation, you may not take any action or upload, post, email, link or otherwise transmit or create any Member Content and/or Petition that, within MoveOn's sole discretion:

  • infringes upon or violates any third-party rights, including intellectual property rights, privacy rights, or publicity rights of others, including posting or providing links to unauthorized copies of another party's copyrighted work (please see our Digital Millennium Copyright Act compliance information if you believe your copyrights have been violated);
  • promotes and/or encourages illegal or unlawful activity in any country;
  • is defamatory, libelous or slanderous in nature;
  • advocates hate, violence, abuse, threats, or harm against any group, individual or entity;
  • harasses or encourage others to harass any group, individual or entity;
  • is racially, ethnically, or otherwise objectionable;
  • is vulgar, obscene, profane, pornographic, and/or otherwise offensive in nature;
  • solicits funds for or contributions to any candidate, group, organization, committee or entity of any kind;
  • discloses third-party confidential, private, or trade secret information;
  • violates any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • is patently offensive under a community standard that we deem appropriate, examples include promoting racism, bigotry, pornography, hatred, or physical harm of any kind;
  • is inconsistent with the goals, objectives, philosophies, and/or purpose of MoveOn.org; or
  • is commercial in nature.

Postings that violate this provision may be removed immediately or subject you to immediate termination or suspension of your Membership.

MoveOn reserves the right to terminate your Membership and/or refuse or remove Member Content and/or Petition(s) at any time for any reason and without notice to you, if it believes, in MoveOn’s sole discretion, that your Member Content and/or Petition(s) is inappropriate and/or in violation of the terms of this Agreement.

You may access content on the Site, including Member Content and other Content only as permitted under this Agreement.

You agree to not engage in the use, copying, or distribution of any of the content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third-party Member Content obtained through the Sites, and that you will hold harmless MoveOn for any third party use, copying, or distribution of and of the Content you upload.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the content therein.

C. Propriety and Intellectual Property Rights of Member Content and Petitions

All copyright and other rights in and to the computer programs, computer applications, Web applications, database programs, Web content files, and all written, graphic, audio, and audiovisual works incorporated into and utilized on the Site shall be and remain the sole and exclusive property of MoveOn (“MoveOn Intellectual Property”). You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such MoveOn Intellectual Property.

You retain copyright and other intellectual property rights in and to Member Content and/or Petitions created by you, to the extent that you have such rights under applicable law.

Notwithstanding the foregoing, you understand and agree that by submitting your Member Content and/or Petition to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant) to MoveOn: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, nonexclusive right and license to (i) use, reproduce, distribute, modify, adapt, and publicly display your Member Content and/or Petition within the Site and/or on the Service as permitted by you through your interactions on and through the Site, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Member Content and/or Petition in any or all media throughout the world for the purpose of transmitting or publicizing any Petition and/or the contents thereof and or any information or data relating to such; (b) the perpetual and irrevocable right to delete any or all of your Member Content and/or Petitions from MoveOn servers and from the Site, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze, and use any of your Member Content and/or Petitions as MoveOn may deem necessary or desirable for purposes of debugging, testing, and/or providing support services in connection with the Site. Further, you agree to grant to MoveOn a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, nonexclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in any media now known or not currently known, in accordance with our Privacy Policy.

You understand that all Member Content and/or Petitions, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Member Content and/or Petition originated. This means that you, and not MoveOn, are entirely responsible for all Member Content and/or Petitions that you upload, post, email, transmit, or otherwise make available via the Service.

D. Third-Party Intellectual Property Rights and Infringement

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret, and other intellectual property or other laws that may apply to your Member Content hereunder; (ii) you are solely responsible for, and MoveOn will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your intellectual property rights; and (iii) MoveOn acknowledgement hereunder of your intellectual property rights in your Member Content and/or Petition does not constitute a legal opinion or legal advice, but is intended solely as an expression of MoveOn’s intention not to require users of the Site to forego certain intellectual property rights with respect to Member Content and/or Petitions they upload, subject to the terms of this Agreement.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Member Content and/or Petitions you upload while using the Site, you do not own the Membership you use to access the Site, nor do you own any data MoveOn stores on its servers (including without limitation any data representing or embodying any or all of your Member Content/Petitions). Your intellectual property rights do not confer any rights of access to the Site or any rights to data stored by or on behalf of MoveOn.

You agree to indemnify and hold MoveOn harmless from and against all claims, costs, loss, and damages of any kind (including reasonable attorneys fees and expenses) arising from or based upon any claim that any User Content and/or Petition posted or displayed on or through the Site by you infringes the copyright or intellectual property rights of any third party.

E. Digital Millennium Copyright Act Policy

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Sites can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.

When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to our Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

Filing a DMCA Notice

Please don’t abuse this system, but if you truly believe your work has been infringed, you should file a DMCA notice. To file a DMCA Notice with MoveOn, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA. Your Notice must:

  1. Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list profile where material is located].”);
  2. Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
  3. Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
  4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
  7. The Notice must be signed;
  8. The Notice must be sent to our DMCA designated agent at the following address:
    Carrie Olson
    DMCA Designated Agent
    SignOn Copyright Agent
    c/o MoveOn.org
    PO Box 9038
    Berkeley, CA 94709
    By email: petitions (at) moveon.org
    Tel: 425-786-0032
    Or fax to: 510-295-2749 (on the cover sheet, please write: Attention: DMCA NOTICE).

Filing a Counter-Notice

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA. Your Counter-Notice must:

  1. Describe and list all material(s) that were removed by MoveOn and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
  2. Provide your name, address, telephone number and email address (if available);
  3. State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
  4. State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
  5. Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  6. The Counter-Notice must be signed.
  7. The Counter-Notice must be sent to our DMCA designated agent at the following address:
    Carrie Olson
    DMCA Designated Agent
    SignOn Copyright Agent
    c/o MoveOn.org
    PO Box 9038
    Berkeley, CA 94709
    By email: petitions (at) moveon.org
    Tel: 425-786-0032
    Or fax to: 510-295-2749 (on the cover sheet, please write: Attention: DMCA NOTICE).

F. Your Use of Member Content and Petitions

Member Content and Petitions created through the Site are provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited or used for any other purposes inconsistent with the Site's purpose without the prior written consent of MoveOn.

You may access and use Member Content and Petitions only as permitted under this Agreement. MoveOn reserves all rights not expressly granted in and to the Member Content and Petitions and the MoveOn Petitions Site.

You may access Member Content and Petitions solely:

  • for your information and personal use; and
  • as intended through the normal functionality of the MoveOn Petitions Site.

You may frame and/or link to a Petition(s) on the Site for the limited purposes of circulating a Petition to obtain signatures.

Members may also email Petition(s) they have created to third parties from the Site. If you email a Petition from the Site, your email address will be disclosed to the recipient(s) and recipients will be given the option of blocking you from sending further Petitions to them from the Site. When you email a Petition, you are responsible for complying with all applicable laws.

You agree to not engage in the use, copying, or distribution of any of the Member Content and/or Petitions other than as expressly permitted herein, including any use, copying, or distribution for any commercial or fundraising purposes of any Member Content and/or Petition obtained through the Site.

You agree not to circumvent, disable, or otherwise interfere with security-related features of the MoveOn Petitions Site or features that prevent or restrict use or copying of any Member Content and/or Petition or enforce limitations on use of the Site or the Member Content and/or Petition therein.

MoveOn, unless otherwise indicated, does not create the Member Content/Petitions posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Member Content and/or Petitions. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content and/or Petition, including any reliance on the accuracy, completeness, or usefulness of such Member Content and/or Petition.

You understand that when using the Site, you will be exposed to Member Content and/or Petitions from a variety of sources, and that MoveOn is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Content and/or Petitions. You further understand and acknowledge that you may be exposed to Member Content and/or Petition(s) that are offensive, inaccurate, indecent, or objectionable, and under no circumstances will MoveOn be liable in any way for any Member Content and/or Petition, including, but not limited to, any errors or omissions in any Member Content and/or Petition, or for any loss or damage of any kind incurred as a result of the use of any Member Content and/or Petition posted, emailed, transmitted, or otherwise made available via the Service.

Featuring of Petitions on This Site and Affiliate Websites

MoveOn has the right, but not obligation, to feature and/or display selected Petitions on the home page of the Site and/or any affiliated website (the "Featured Petitions"). MoveOn, in its sole discretion, may categorize and display Featured Petitions on its Site according to MoveOn’s own selection and classification criteria. Members have no right or guarantee to have their Petition displayed as a Featured Petition and have no control over whether and/or how Featured Petition(s) are displayed and/or categorized on the Site. The featuring of a Petition on this Site and/or any affiliated website does not constitute an endorsement, sponsorship, and/or affiliation of or with the Petition by the MoveOn Entities.

Signatures on Petitions and Signature Management

The signatures on Petitions posted on this Site are not guaranteed to be legally valid signatures that would be recognized and/or accepted by any government or other organization.

MoveOn may or may not deliver signatures to their intended recipients. The creator of the Petition is ultimately responsible for ensuring that petition signatures are delivered to intended recipients. All of the signatures can be collected by accessing the Petition through the User account under which the Petition was created. Members must not edit a signature in any way that compromises the intent of the signer.

MoveOn Opportunity Fund

The MoveOn Opportunity Fund has been established to provide funding for eligible MoveOn Petitions campaigns. Petition creators will be eligible to receive reimbursement for up to $1,000 in campaign-related expenses.

1. MoveOn petition creators meeting the following eligibility requirements will be invited to apply:

  • The petition has at least 100 signatures or has been signed by at least 1.5% of MoveOn members who have been asked by MoveOn to sign it.
  • The petition was created by an individual or an organization with an annual budget no more than $500,000 annually. Corporations, for-profit businesses, elected officials, and candidates for public office are not eligible to apply.
  • The petition creator has completed the MoveOn Opportunity Fund Application, including the Campaign Budget Form.
  • The petition creator has completed the MoveOn User Spotlight Survey and submitted a photo of himself/herself.
  • The petition does not violate MoveOn Petitions's Terms of Service.

2. MoveOn staff will rate all of the applications each month based on the following criteria:

  • The petition is likely to have an impact on an issue that is important to MoveOn.org members
  • The application outlines at least three campaign tactics and a delivery plan
  • The campaign timeline is reasonable
  • The petitions targets have the authority to address the issue
  • Demonstrated financial need
  • Issue diversity
  • Geographic diversity
3. MoveOn supporters will be able to review a list of finalists that meet the required rating threshold and cast a vote for the campaigns that will receive funding each month.

MoveOn reserves the right to determine, in its sole and absolute discretion, which applications for reimbursement best serve the objectives of the program and will be granted. If MoveOn does decide to grant your application for reimbursement, by accepting that grant, you agree that you are not an agent of, employee of or contractor to MoveOn and will not represent yourself to any person or entity. You further agree that MoveOn will not be responsible for any obligation or liability you incur in connection with your campaign and/or use of the Opportunity Fund grant; you hereby release MoveOn from any claim by you for any damage to person or property, or financial obligation, loss, damages or other liability, resulting or arising from your use of the Opportunity Fund grant or the conduct of your campaign; and agree to indemnify and hold MoveOn harmless from and against any claim by any third party arising out of your use of the Opportunity Fund grant or the conduct by you of your campaign. Funds may not be used to reimburse people for their time.

Additional eligibility requirements, rules, and restrictions may apply. Read more.

 

Other Terms Regarding Petitions

MoveOn may, in its sole discretion, refuse or remove any Member Content and/or Petition that is substantially identical to any Member Content and/or Petition already posted on the site.

Once a Petition is closed and/or no longer active, it may, in MoveOn.org's discretion, be removed from the Site and/or archived on the Site. If a Petition has not obtained any new signatures (other than the creator's) during a period of thirty days, MoveOn.org will have the right, in its discretion, to (i) remove the Petition from the Site; or, (ii) only in the case of petitions created through MoveOn.org Civic Action, assign the Petition to another person or persons and allow that person or persons to assume rights with respect to the Petition as if they were the creator of the Petition."

Termination of Membership

You may terminate your Membership at any time and for any reason by following the link included in each email you receive or upon our receipt of your written notification. On your election to cancel, your Membership will be canceled within 24-48 hours.

MoveOn reserves the right at any time for any reason or no reason to suspend or terminate your Membership, terminate this Agreement, and/or refuse any and all current or future use of the Site without notice or liability to you. Termination by MoveOn is effective upon sending notice to you at the email address you provided in your initial application for Membership, or such other email address as you may later provide to Us.

Prohibited Use of the Site

In addition to the other restrictions on use contained in these Terms, you have a nonexclusive, limited, revocable license to use the MoveOn Petitions Site while you are in compliance with this Agreement. You agree to abide by certain rules of conduct and other rules prohibiting illegal and other practices that MoveOn deems harmful. We reserve the right to investigate and take appropriate legal action against anyone who, in Our sole discretion, violates any of these terms, including without limitation removing the offending communication from the Site and terminating the Membership of such violators.

You agree that you shall not use the Service and/or the Site to:

  • collect User names and/or email addresses of Members for soliciting the purchase of any goods or services, including posting advertisements and/or solicitations of business; or for fundraising or soliciting contributions to any candidate, committee, group, organization or entity of any kind, or for any other purposes other than those specifically allowed by these Terms of Use;
  • forward personally identifiable information from any Member to any non-Member;
  • submit false User/Member information when creating or signing a Petition;
  • use this Site in a manner inconsistent with any and all applicable laws and regulations of any country;
  • impersonate any person or entity, real or fictitious, including, but not limited to, a MoveOn employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • stalk, abuse (or attempt to abuse), or otherwise harass another User/Member;
  • make unauthorized use of any MoveOn trademarks or service marks;
  • upload, post, email, or otherwise transmit or create Member Content and/or Petitions that contain any viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  • upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that MoveOn considers in its sole discretion to be of such nature;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • attempt to gain access to any other Member's Membership account or password;
  • include links to personal or commercial Web pages and/or websites that We, in Our sole discretion, deem incompatible with the goals and/or philosophy of MoveOn or include links to any donation page for any cause, candidate, organization, committee or entity;
  • provide information that you know is false or misleading;
  • post or provide links to your or other Member passwords;
  • post or provide links to information relating to circumventing this Site's or any other website's protected software; or
  • post links to expressly solicit personal information from anyone under the age of 18.

Any violation by you of the terms of the foregoing provisions may result in immediate and permanent suspension or cancellation of your Membership. You agree that MoveOn may take whatever steps it deems necessary to abridge or prevent behavior of any sort on the Site in its sole discretion, without notice to you.

Unauthorized or questionable uses may be subject to investigation. Violations of this section may result in a range of actions subject to MoveOn’s sole discretion, including without limitation:

  • Suspension of Membership;
  • Termination of Membership;
  • Legal action, including civil, criminal, and/or injunctive action.

Links to Third-Party Sites

This Site may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under the control of MoveOn, and MoveOn is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MoveOn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including but not limited to advertisers or Petition creators and/or signers) associated with this Site and/or participation in promotions, activities, events of third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MoveOn shall not be responsible or liable for any part of any such dealings.

Communication with Other Members

MoveOn does not routinely monitor your communications with other Members, but reserves the right to do so pursuant to complaints or notifications to Us that you are engaging in any behavior contrary to the terms or spirit of this Agreement.

Maintenance and Outages

From time to time, as is typical with online Services, MoveOn may need to perform maintenance on or make modifications to the Site that require the Site to be unavailable for periods of time ("System Downtime"). Where possible, we will provide you with advance notice of planned System Downtimes, as well as their approximate duration. Please note that the duration of planned System Downtime may exceed the initial estimate. In addition, events such as natural disasters, power outages, or technical emergencies may cause unscheduled System Downtime.

MoveOn reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that MoveOn will not be liable for any interruption of the Site, delay or failure to perform. You further understand that MoveOn has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.

Disclaimers, Damages, and Liability

You agree that the MoveOn Entities (collectively, the “Releasees”) are not responsible for any Member Content and/or Petitions posted on the Site. Releasees are not responsible for the conduct, whether online or offline, of any user or Member. Releasees assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Member communications. Releasees are not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or Services. Under no circumstances will MoveOn be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Site or the Services, any Member Content and/or Petition posted on the Site or transmitted to Members, or any interactions between Users of the Site, whether online or offline. The Site and the Services are provided "AS IS" and (to the extent legally permitted) the MoveOn Entities expressly disclaim any warranty of fitness for a particular purpose or noninfringement, and further expressly disclaims any implied warranty and terms and conditions. The MoveOn Entities cannot guarantee and do not promise any specific results from use of the Site and/or the Services.

Except where restricted or prohibited, in no event will the Releasees be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of the Site or the Services, or of Our termination of your Membership, even if the Releasees been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Releasees’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MoveOn for the Services during the term of Membership. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

You hereby agree to release the Releasees and their respective officers, directors, agents, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Site. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

You hereby agree to defend, indemnify, and hold harmless the MoveOn Entities and their respective officers, directors, agents, and employees, from all damages, liabilities, claims, and expenses, including without limitation attorneys' fees and costs, arising from any breach of this Agreement by you, or from or based on your use of the Site and, any action or inaction by you in connection with the deletion, alteration, transfer, or other loss of Member Content or Petition(s), status, or other data held in connection with your Membership, Claims, or Disputes.

If there is any claim, controversy, or dispute at law or equity about this Agreement, the Site and/or the Services ("Claim"), you agree that We will resolve any Claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in Alameda County, California. You agree to submit to the personal jurisdiction of the courts located within Alameda County, California, for the purpose of litigating all Claims.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Other

MoveOn.org Civic Action is located at PO Box 9038, Berkeley, CA 94709. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Services, contains the entire agreement between you and the MoveOn Petitions Site regarding the use of the Site and/or the Services.

The following sections will survive any termination of this Agreement: Fees; License; Indemnity; Disclaimer, Damages and Liability; Claims or Disputes. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect. In MoveOn’s sole discretion, MoveOn may assign this Agreement in accordance with the Notices section. Section headings are for reference purposes and do not limit the scope or extent of any section. MoveOn’s failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. MoveOn does not guarantee that We will take action against all breaches of this Agreement.