Terms of Service

Netivist’s services are provided by Nettivist Limited ( “We”).

These Terms of Service ("Terms") govern your access to and use of Netivist's website, products, and services ("Service"). Accessing to netivist.org and using the Service means you accept the following Terms of Service, so please take a time to read carefully our terms before continuing to enjoy our site.

Part of our Service may be software that is downloaded to your device (computer, tablet, phone or other). You agree that we may automatically upgrade the Service, and these Terms will apply to such upgrades.

 

1- Description of Service

Netivist.org is an online platform that enables users to share their views on divisive issues, vote on polls, contact other users with common interests and engage in social causes to defend their ideas.

 

2- Access to Service

No individual under the age of thirteen (13) is authorised to use the Service, nor register an account. By using the Service, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions. In case We believe that you are under 13, we may terminate your account, block your access to the Service and delete your information at any time and with or without notice. If you live in a jurisdiction in which the minimum age permissible by law to use the Service is greater than 13, all references to 13 in this section shall instead be replaced with the minimum age permitted in your jurisdiction. Even if you live in a jurisdiction in which the minimum age permissible by law is lower than 13, you can’t use the service unless you are older than 13.

We reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. We may restrict access to some parts of our website, or our entire Website, from time to time to users who have registered with us.

 

3- Registration

In order to be able to use some functionalities of the Service, you may be asked to create a user account (“Account”), and select a username and password. You agree to provide Netivist with complete, updated and accurate registration data. Take a particular care in registering an accurate email address, it is the only way you will have to recover your account in some cases (if you lose your password or are victim of a phishing attack, for example).

Registering more than one account per person is not allowed by these Terms.

You are responsible for maintaining the confidentiality of your Account password, and you will immediately inform Netivist in case of suspected or actual loss, theft or unauthorized use of your password or your Account.

 

4- Posting content

4.1 Votes

One of the main functionalities in Netivist is voting on debates. Your vote cannot be seen by other users. Once you vote on a debate you usually have the option to change your vote, but not to delete it. You therefore agree that your vote can be used by Netivist for analytic purposes.).

4.2 Other user content

Netivist enables you to post comments, messages, photos, links and other kinds of contents. You are at any time the sole responsible person and owner of all rights about the contents you post (except votes).

You authorise Netivist and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, transfer, modify, create derivative works, perform, and distribute your content on Netivist only for the purposes of operating, developing, providing, and using the Service. Netivist reserve the right to remove or modify your content for any reason, including your content that We believe violates these Terms or our policies.

 

4.3 Elimination of your content

If you chose to deactivate your account or your account is terminated (infringement of these Terms), or if you decide to remove any of your content from Netivist, we may maintain your content for a reasonable period of time for purposes like back up, archival or audit. In the meanwhile the authorisation to Netivist and its users to a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, transfer, modify, create derivative works, perform, and distribute your content on Netivist will continue till your content have been definitively deleted. Moreover, Netivist has the right to maintain the comments you made when they are part of a dialogue or debate with another user who does not wish to remove her/his comments in this dialogue or debate.

 

5- Privacy

We invite you to check the information about how Netivist collects, uses, and shares your information, so please review our Privacy Policy. By using the Service you agree to the terms of the Privacy Policy, specially to the collection, use, and sharing of such information, including the transfer of this information to the United Kingdom and/or other countries for storage, processing, and use by Netivist.

 

6- Copyrights

When registering to Netivist, you agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all the content you will publish in our Service.

 

7- Third-Party Content

Our Service may contain links to third-party websites, advertisers, services, special offers, or others that are not owned or controlled by Netivist. We do not endorse or take any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Netivist, you do so at your own risk and you agree that Netivist will have no liability arising from your use of or access to any third-party website, service, or content.

 

8- As is condition

The Service and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

NETIVIST IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT NETIVIST WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT NETIVIST WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

 

9- Disclaimer

Netivist takes no responsibility and assumes no liability for any content that you or any other user or third party posts or transmits using our Service. You understand and agree that you may be exposed to some content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Netivist’s goal is to provide the best Service but cannot be held responsible for users or third party content.

 

10- Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETIVIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NETIVIST FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED POUNDS (GBP 100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).

11. Acceptable use

Netivist is an independent organization for which neutrality and dialogue are core values, and we expect our users to respect those values. To make sure that everybody can enjoy the experience of using Netivist, we agreed a list of simple rules.

11.1 Complying the law

You agree to use Netivist only for lawful purposes. Which means you are not allowed to use our site:

- in any way that breaches any applicable local, national or international law or regulation

- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect

-to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

 

11.2 What you cannot post

You are not allowed to post:

- any information or content that is illegal
- sexually explicit or pornographic material, or content that exploits or presents minors in a sexual way, or promotes adult sexual services
- content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes, encourages or celebrates harm
- any content that promotes self-harm, eating disorders or hard drug
- any gratuitously violent or gory content
- any deceptive or fraudulent content
- content that bullies, harasses or attacks any person
- content that impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- content that includes hate speech
- content that is someone else's personal information
- content that requests a minor’s personal information
- any link to other sites that will not comply the law or the rules about the content you are not allow to publish on Netivist
- content that violates the intellectual property rights of any party
- content that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- large amounts of unwanted or repetitive content, unsolicited commercial messages in comments, descriptions, etc., or try to artificially boost likes, shares, votes, comments or other metrics
- contents that give the impression that they emanate from Netivist, if this is not the case

 

11.3 Other things you cannot do

You also agree not to:

- do anything that violates applicable law or regulations
- access without authority, interfere with, damage or disrupt any part of this website or any software use on the provision of the Service.
- use Netivist’s name, logo, trademark or branding without our consent
- reproduce, duplicate, copy or re-sell any part of our site
- try to reverse engineer any of Netivist’s software
- collect or store personally identifiable information from Netivist or its users without their permission
- sell your username or otherwise transfer it for compensation
- directly compensate users for liking, sharing or voting on Netivist
- create or show contents or ads that look like or could be confused with Netivist content
- use software to automatically vote, share or create content so to distort polls, debates, petitions, campaigns, rankings or other type of content in Netivist
- encourage others to perform any of the actions forbidden by our Terms.

 

11.4 Links to our site

If you decide to link our site from another site, you agree to do so only in the following conditions:

- you agree to link to our site in a fair and legal way, not damaging nor taking advantage of Netivist’s reputation
- the link must be posted on a site you own or on a site your have the right to
- you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists

 

12- Termination

You may suspend or delete your account at any time by contacting the Netivist team (suspendaccount@netivist.org)

We may suspend or terminate your account and access to the Service at any time, with or without notice and with immediate effect:

- If you infringe any of the Terms of this agreement.
- For any other commercial or technical reason.

 

13- Indemnity

You undertake fully and effectively to indemnify and keep indemnified at all times Netivist and its officers employees agents or authorised representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by The Company directly or indirectly in respect of access and/or use of the Service by you, any information data or material published or transmitted by you, or any infringement to the conditions of these Terms or of any code law or regulation relating thereto.

 

14- Changes in Terms

We may revise these Terms at any time. You are expected to check the Terms from time to time to take notice of any changes we have made, as they are binding on you. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

 

15- Arbitration

For any dispute you have with Netivist, you agree to first contact us and attempt to resolve the dispute with us informally. If Netivist has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy with the help of an arbitration entity, leaving courts procedures as the last resource, when all other ways of negotiation have been implemented.

 

16- Information about us

Netivist.org is a site operated by Nettivist Limited. We are registered in England and Wales under company number 08681233 and have our registered office at Flat 18 Brockway House

257 Holloway Road, London N7 8HF.

 

17- Jurisdiction

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law.

 

18- Feedback

Netivist wants to provide you the best Service, and your help can be of great interest for us. If you have a suggestion or recommendation, please write to us at feedback{at}netivist.org

If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Netivist does not waive any rights to use similar or related Feedback previously known to Netivist, or developed by its employees, or obtained from sources other than you.

 

19- Contact information

If you need more information about the terms of service, please write us an email to userqueries{at}netivist.org


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