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OURACTIONSTATION COMMUNITY GUIDELINES

TERMS OF SERVICE

This website is owned and operated by ActionStation. These Terms of Service outline the terms and conditions upon which you can use our website to create and sign campaigns, and connect with others who share the same values.

ActionStation is independent of all political parties, and upholds values of freedom, democracy, peace, human rights, community, equality, fairness and sustainability. We reserve the right to remove any campaigns or comments that do not share these principles. All decisions in this regard will be made at the sole discretion of ActionStation.

ACCEPTING OUR TERMS OF SERVICE
By creating or signing a campaign on our website or ticking the box next to the words “I agree to the Terms of Service” on our website, you signify that you accept these Terms of Service and agree to be bound by them.

2. CREATING A CAMPAIGN
2.1 ActionStation does not necessarily endorse or authorise any campaigns on the OurActionStation website.

2.2 ActionStation recognises the place of Māori as tāngata whenua and Te Tiriti o Waitangi as a founding document for New Zealand Aotearoa. If there is any conflict within a community campaign between competing values promoted by the ActionStation community then Te Tiriti will have precedence in giving guidance on any moderation decision.

2.3 Acceptable campaign purposes: You can use the OurActionStation website to create campaigns that aim to promote peace and human rights, deepen democracy and create a more just, fair and sustainable society and which do not promote hatred, violence, discrimination or stereotypes including those based on race, gender, ethnicity, sexuality, disability, or religion.

2.4 Acceptable campaign purposes: You can use the OurActionStation website to create campaigns that further the vision and mission of the ActionStation community as set out in the co-created living document Te Ira Tāngata: People’s Agenda. These are: Honouring Te Tiriti o Waitangi; Inclusive and diverse communities; Equality and fairness; Shared power; Justice for all; Flourishing planet; Vibrant and transparent democracy; Education for all; Our place in the world. For more information on these go to: peoplesagenda.nz/our-agenda/

2.5 Our website is nonpartisan and cannot be used by or on behalf of a political party or to promote any business or commercial purpose. Campaigns may not explicitly promote political parties.

• You are welcome to set up a petition if you are a politician or part of a local political party. However we reserve the right to edit or remove a petition if we judge its main purpose is to promote or oppose a political party, or candidate.
• Petitions should be set up by individuals and not under a party name
• Petitions should focus on policy alone and not internal party politics
• Please inform the ActionStation team if you are an elected official or candidate so that we can mark your petition appropriately.

2.6 We reserve the right to edit or remove petitions targeting individuals when we believe they:

• Infringe upon their human rights or employment rights (For example by calling for an employee in a non-elected job to be sacked)
• Infringe on their right to a fair trial
• Are quite simply nasty

While we reserve the right to edit or remove petitions targeting individuals this will be considered on a case by case basis.

2.7 If you would like to create a campaign using our 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.

2.8 Once you create your campaign, it will be reviewed by our Member Review Panel (a rotating group of ActionStation members who take responsibility for ensuring that campaigns on OurActionStation are consistent with the acceptable campaign purposes set out in clauses 2.3 and 2.4). If the Member Review Panel rules that your campaign is not consistent with the purposes in clauses 2.3 and 2.4 your campaign will be removed from the site.

2.9 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.

2.10 You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.

2.11 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS):

• From the individuals and organisations who have signed your campaign;
• From us in relation to your campaign and other campaigns created on our website; and

From ActionStation in relation to other campaigns and causes that we think may be of interest to you.

2.12 You can unsubscribe from messages sent by us and/or ActionStation at any time by clicking on the “unsubscribe” link at the bottom of our emails.

2.13 As the creator of a campaign, you may have indirect access to the contact details of the individuals signing your campaign for purposes of communication, either for You or on behalf of an organisation. This access will be subject to moderation according to the principles of the site.

2.14 You may use the email function for the sole purpose of sharing information directly relating to the campaign (such as sending updates, news, or opportunities to take action). You must not send more than 3 messages per week using the email function.

All communications must be in line with the acceptable campaign purposes set out in clauses 2.3 and 2.4.

Emails are not for the purposes of fundraising. Any requests for donations can only be made with the previous agreement of ActionStation staff (such agreement to be given in writing). ActionStation’s approval of any donation request will be at the sole discretion of the Community Campaign Organiser, and approval, if made, can be withdrawn at any time, at ActionStation’s sole discretion.

Emails must not be used for commercial purposes. For the avoidance of doubt, this includes product placement or the promotion of services. You must abide by and cooperate with ActionStation’s moderation decisions.

2.15 You must immediately stop sending messages (including by email, SMS and MMS) to anyone who asks to be unsubscribed from your communications.

2.16 You acknowledge that we have no control over the messages sent to you by the individuals or organisations who sign your campaign.

2.17 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on our website and any messages you receive from other users of our website.

2.18 You agree that ActionStation can use the email address provided by you, from time to time, for the purposes of your OurActionStation account to contact you for the purposes of sending you messages or notifications in relation to your account, including for the purposes of notifying you of any third party complaints regarding the contents of your OurActionStation page, or comments posted by you on the site.

2.19 ActionStation may also use this address for the purposes of serving you with any court proceedings relating to your use of OurActionStation where permitted by law.

2.20 In using the OurActionStation platform you agree to have good intent, cooperate and enter fairly into communications with ActionStation staff, and the campaign supporters.

2.21 Your petition should aim to serve a collective purpose that benefits a community, and not a personal grievance. A petition cannot be accepted if you have not exhausted your legal remedies and the matter should be, or is presently being, dealt with by any court or tribunal.

2.21 If a petition is on the same subject matter as an earlier petition that has already been active on the OurActionStation platform, or declined by the Member Review Panel, it may not be accepted. Such a petition may be accepted only if substantial new evidence has become available since the consideration of the earlier petition, or the situation has meaningfully changed.

3. SIGNING A CAMPAIGN

3.1 If you would like to sign any campaign on our 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.

3.2 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages ((including by email, SMS and/or MMS):

• From the creator of the campaign in relation to the campaign you have signed;
• From us in relation to other campaigns created on OurActionStation; and
• From ActionStation in relation to other campaigns and causes that we think may be of interest to you.

3.3 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.

You acknowledge that:

• When you sign a campaign on our website, your name, postcode and (if you have supplied it) your mobile phone number will be made available to the creator of the campaign;
• The creator of the campaign may export the campaign, together with information you have posted on our website in connection with the campaign (including your name, post code, phone number and comments), and provide the campaign to the individual or organisation being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign.

3.4 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on our website (including any messages you receive from the creator of a campaign) and any messages you receive from other users of our website.

3.5 You agree that ActionStation can use the email address provided by you, from time to time, for the purposes of your OurActionStation account to contact you for the purposes of sending you messages or notifications in relation to your account, including for the purposes of notifying you of any third party complaints regarding comments posted by you on the OurActionStation site. ActionStation may also use this address for the purposes of serving you with any court proceedings relating to your use of OurActionStation, where permitted by law.

4. YOUR CONTENT

4.1 You warrant that all text, images and other content you post on our website (Your Content) 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 our website.

4.2 It is your sole responsibility to ensure that Your Content is based on reliable factual information and that all claims made can be fully substantiated. You agree to provide ActionStationwith evidence to support Your Content if ActionStation raises concerns about its accuracy.

4.3 You understand and agree that we may, in our sole discretion and without notice, edit and/or remove any campaign you have created on our website or any of Your Content which we believe violates these Terms of Service or which is or may be false, misleading, offensive, illegal, defamatory, or infringe the rights, or threaten the safety, of others.

4.4 By submitting and posting your content on our website, you give ActionStation, irrevocable, worldwide, royalty-free and non-exclusive licence 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, OurActionStation and ActionStation.

5. USING OUR WEBSITE

5.1 Our website is available for your personal and non-commercial use only.

5.2 We do not endorse or authorise any campaigns on our website.

You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use of our website.

Unless expressly agreed with You in writing, ActionStation will not organise, or have management and control over, any campaign or event arising out of the use of OurActionStation.

5.3 You must not harvest or collect email addresses, mobile phone numbers or other personal information about any users of our website for the purpose of sending unsolicited commercial messages, or for any other purpose. The sole exception to this rule is for persons with an active Partnership profile on OurActionStation. Such persons must satisfy ActionStation that they are committed to ensuring users’ privacy and must agree not to use a user email for untoward purposes.

At times supporters may get in touch about your campaign. In these cases you agree not to use supporters emails for untoward purposes.

5.4 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.

5.5 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.

5.6 We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, images and trademarks.

5.7 If you have a complaint about any content posted on OurActionStation you should notify us at our@actionstation.org.nz Once your complaint is received, we will forward the complaint to the author of the content within 48 hours of receiving your complaint. The author will have a right to submit a counter notice to the host within 48 hours. If no counter notice is received within the 48 hours provided (or the author consents to the removal of the content), we will remove or disable the content as soon as is practicable. If a valid counter notice is received in which the author refuses to consent to removal, we will: (i) leave the content up; (ii) notify the complainant; and (iii) if the author consents, provide the complainant with personal information that identifies the author.

5.8 Our website is nonpartisan and cannot be used by or on behalf of political parties.

5.9 Prohibited member content and petitions; and prohibited content uses.
ActionStation 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 non-exhaustive list of the kind of Member Content and/or Petitions that are 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 ActionStation'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 unauthorised copies of another party's copyrighted work;
• 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 encourages others to harass any group, individual or entity;
• 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 ActionStation;
• is commercial in nature.

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

ActionStation 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 ActionStation’s sole discretion, that your Member Content and/or Petition(s) is inappropriate and/or in violation of the terms of this Agreement.

6. Featuring of petitions on this site and affiliate websites

ActionStation has the right, but not obligation, to feature and/or display selected Petitions on the homepage of the Site and/or any affiliated website. ActionStation, in its sole discretion, may categorise and display Featured Petitions on its Site according to ActionStation’s own selection and classification criteria and the recommendation of the Member Review Panel. 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 ActionStation.

6. CLOSING YOUR ACCOUNT

6.1 We may suspend or cancel your account if you fail to comply with your obligations under these Terms of Service.
If your account is suspended or closed for any reason, you will not have access to the account (including Your Content). We recommend that you make regular backups of Your Content.

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.

ActionStation 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 ActionStation 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.

7. LIABILITY

7.1 You use our website at your sole risk.

7.2 We provide our website on an “as is” basis. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.

7.3 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website.

We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, or in connection with any act or omission by us (negligent or otherwise).

7.4 To the extent permissible by law, You indemnify us against all liability, action, claim, loss or damage arising out of, or in connection with, Your Content, your use of (or inability to use) our website, any breach of our Terms of Service, and your conduct with respect to our website and other users of our website.

8. GENERAL TERMS

8.1 We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Service available on our website. Your continued use of our website will be deemed to constitute your acceptance of such changes.

8.2 These Terms of Service set out the entire agreement between you and us relating to your use of our website and supersedes all prior discussions and communications.

8.3 There is no relationship of employment, partnership, agency or fiduciaries between you and us.
This agreement is governed by and construed under New Zealand law.

8.4 This agreement is subject to the laws of New Zealand. The New Zealand courts will have exclusive jurisdiction in relation to any disputes relating to or arising out of OurActionStation which can not be solved amicably or through mediation.