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Rights and Responsibilities

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.  Date of Last Revision: June 1, 2012.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (Statement) derives from the OpinionFirst Principles and governs our relationship with voters and others who interact with OpinionFirst. By using or accessing OpinionFirst, you agree to this Statement.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use OpinionFirst to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy and to use it to help make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you post on OpinionFirst, and you can control how it is shared through your personal button. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to the controls under your personal button: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with OpinionFirst (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, your content and information are shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy.)
  4. When you publish content or information, it means that you are allowing everyone, including people on OpinionFirst, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about OpinionFirst, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

3. Safety

We do our best to keep OpinionFirst safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on OpinionFirst.
  2. You will not collect voters' content or information, or otherwise access OpinionFirst, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on OpinionFirst.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any voter.
  7. You will not post content that: is hateful, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on OpinionFirst.
  10. You will not use OpinionFirst to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working of OpinionFirst, such as a denial of service attack.
  12. You will not facilitate or encourage any violations of this Statement.

4. Registration and Account Security

OpinionFirst voters provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on OpinionFirst, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal profile.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  5. You will not use OpinionFirst if you are under 12.
  6. You will not use OpinionFirst if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  10. If you select a voter name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a voter name that does not closely relate to a voter's actual name).

5. Protecting Other People's Rights

We respect other people's rights and expect you to do the same.

  1. You will not post content or take any action on OpinionFirst that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on OpinionFirst if we believe that it violates this Statement.
  3. We will provide you with tools to help you protect your intellectual property rights. To learn more, use our feedback page.
  4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or trademarks (including OpinionFirst name, the OpinionFirst logos, …..), or any confusingly similar marks, without our written permission.
  7. If you collect information from voters, you will: obtain their consent, make it clear you (and not OpinionFirst) are the one collecting their information and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone's identification documents or sensitive financial information on OpinionFirst.
  9. You will not tag voters or send email invitations to non-voters without their consent.

6. Mobile

  1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  2. In the event you change or deactivate your mobile telephone number, you will update your account information on OpinionFirst within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  3. You provide all rights necessary to enable voters to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on OpinionFirst, as well as your name and profile picture.

7. Payments and Deals

If you make a payment on OpinionFirst, you agree to the general payment terms.

8. Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

  1. We give you permission to use OpinionFirst’ s Share Link button so that voters can post links or content from your website on OpinionFirst.
  2. You give us permission to use and allow others to use such links and content on OpinionFirst.
  3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on OpinionFirst.

9. Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator of a Platform application or website, the following additional terms apply to you:

  1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our policies, terms, and guidelines.
  2. Your access to and use of data you receive from OpinionFirst will be limited as follows: a) You will only request data you need to operate your application. b) You will have a privacy policy that tells voters what voter data you are going to use and how you will use display, share, or transfer that data and you will include your privacy policy URL in the Developer Application. c) You will not use, display, share or transfer a voter’s data in a manner inconsistent with your privacy policy. d) You will delete all data you receive from us concerning a voter if the voter asks you to do so, and will provide a mechanism for voters to make such a request. e) You will not include data you receive from us concerning a voter in any application or publication. f) You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a voter consents to that transfer or use. g) You will not sell voter data. If you are acquired by or merge with a third party, you can continue to use voter data within your application, but you cannot transfer voter data outside of your application. h) We can require you to delete voter data if you use it in a way that we determine is inconsistent with voters’ expectations. i) We can limit your access to data. j) You will comply with all other restrictions.
  3. You will not give us information that you independently collect from a voter or a voter's content without that voter's consent.
  4. You will make it easy for voters to remove or disconnect from your application.
  5. You will make it easy for voters to contact you. We can also share your email address with voters and others claiming that you have infringed or otherwise violated their rights.
  6. You will provide customer support for your application.
  7. You will not show third party ads or web search boxes on OpinionFirst.
  8. We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
  9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
  10. You will not misrepresent your relationship with OpinionFirst to others.
  11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our policies.
  12. We can issue a press release describing our relationship with you.
  13. You will comply with all applicable laws. In particular, you will (if applicable): a) have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act. b) comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from voters so that voter data subject to the VPPA may be shared on OpinionFirst. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
  14. We do not guarantee that Platform will always be free.
  15. You give us all rights necessary to enable your application to work with OpinionFirst, including the right to incorporate content and information you provide to us into streams, profiles, and voter action stories.
  16. You give us the right to link to or frame your application, and place content, including ads, around your application.
  17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
  18. To ensure your application is safe for voters, we can audit it.
  19. We can create applications that offer similar features and services to, or otherwise compete with, your application.

10. Amendments 

  1. We can change this Statement if we provide you notice (by posting the change on the OpinionFirst Site) and an opportunity to comment. To get notice of any future changes to this Statement, visit our OpinionFirst Site.
  2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment. 

11. Termination

If you violate the letter or spirit of this Statement or otherwise create risk or possible legal exposure for us, we can stop providing all or part of OpinionFirst to you. We will notify you by email or at the next time, you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply.

12. Disputes

  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or OpinionFirst exclusively in the Netherlands. The laws of the Netherlands will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in the Netherlands for the purpose of litigating all such claims.
  2. If anyone brings a claim against us related to your actions, content or information on OpinionFirst, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  3. WE TRY TO KEEP OPINIONFIRST UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OPINIONFIRST AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OPINIONFIRST WILL BE SAFE OR SECURE. OPINIONFIRST IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOU WAIVE ANY CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE. IN CASE OF DOUBT WE APPLY COMMONLY USED SOCIAL MEDIA TERMS. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR OPINIONFIRST, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR OPINIONFIRST WILL NOT EXCEED THE GREATER OF ONE FIFTY EUROS (€50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OPINIONFIRST'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  

13. Definitions

  1. By OpinionFirst we mean the features and services we make available, including through (a) our website at www.OpinionFirst.com and any other OpinionFirst branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button, and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
  2. By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from OpinionFirst or provide data to us.
  3. By information, we mean facts and other information about you, including actions you take.
  4. By content, we mean anything you post on OpinionFirst that would not be included in the definition of information.
  5. By data, we mean content and information that third parties can retrieve from OpinionFirst or provide to OpinionFirst through Platform.
  6. By post, we mean post on OpinionFirst or otherwise make available to us (such as by using an application).
  7. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  8. By active registered voters, we mean a voter who has logged into OpinionFirst at least once in the previous 30 days.
  9. By application, we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

14. Other

  1. This Statement is an agreement between you and DemocracyFirst. References to “us,” “we,” and “our” mean DemocracyFirst.
  2. This Statement makes up the entire agreement between the parties regarding OpinionFirst and supersedes any prior agreements.
  3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of this Statement, it will not be considered a waiver.
  5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
  6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
  7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  8. Nothing in this Statement shall prevent us from complying with the law.
  9. This Statement does not confer any third-party beneficiary rights.
  10. You will comply with all applicable laws when using or accessing OpinionFirst.

You may also want to review the following documents:

  • Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.
  • OpinionFirst Platform Policies: These guidelines outline the policies that apply to applications, including connected sites.
  • Principles

 

The Statement of Rights and Responsibilities is available in the English version.

Your remarks, ideas, suggestions, and assistance offering in legal affairs are highly appreciated. For this type of communication, please mail us.

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