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Terms of Use

TERMS OF USE

Introduction

These Terms of Use constitute the entire agreement and will replace any rules or policies that came before.  We reserve the right to make changes as needed, and any such change will be posted on Monster Petitions (www.MonsterPetitions.com) (hereinafter ‘MP’) and will be effective as of the time of posting, and will replace any other rules, policies, or procedures that were posted earlier. Any rules, policies, or operating procedures which may have been posted outside of these Terms of Use which may be relating to different areas or functions of MP will be deemed to be incorporated into these Terms of Use unless it conflicts with something within, in which case, the contents within these Terms of Use will override only the conflicting item(s) not contained within and shall not affect or make invalid any other policies, terms or conditions anywhere else.

If, in the course of a dispute, it is determined that a section of these Terms of Use is or have become invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired.

By using any of MPs services or functions, you are agreeing to our Terms of Use and agree to abide by all of our terms.  If you disagree with these Terms of Use or any part of these Terms of Use, you may choose not to use our website.

MP provides a forum for people to post and sign petitions about their interests, concerns and causes. There are expenses involved in the operation of such an undertaking, and we reserve the right to post advertisements or promote sponsored petitions on our site from time to time in order to assist in the continued operation of this site.

You must be 13 years of age to use our website.  By using our website and agreeing to these Terms of Use, you warrant and represent that you are at least 13 years of age.

Our website uses cookies.  By using our website and agreeing to these Terms of Use, you consent to our use of cookies as explained in our Privacy Policy.

Registration

All users will be required to register before they can create or sign a petition.  All users will provide accurate and valid information such as name and email information in order to register.  Persons under the age of 13 are prohibited from registering and using any of the services provided in MP.

Conduct

Each user will be responsible for anything he or she posts, uploads, or otherwise shares in any manner while using MP.  By using MP’s services, you acknowledge and agree that you are aware you will not post or upload any copyrighted or otherwise protected material, or any defamatory, offensive, indecent or pornographic material of any shape or form. Any breach of MP’s Terms of Use or Privacy Policy may result in the immediate termination of your membership with MP.

We reserve the sole right to terminate any member or user’s ability to use our site or services, for any reason, and without notice.  Anyone whose services have been terminated can make a written request to MP’s Management to conduct a review, but the results of such a review, will be final.

At no time will MP be held liable for anything that has been posted, uploaded or shared in any way, by a user.  We do not normally screen all petitions, posts, or uploads, but reserve the right to do so, and will delete, remove or block anything we deem inappropriate, and or contrary to these Terms of Use.

As we do not normally screen or otherwise control all petitions, posts, or uploads, please be aware that we cannot be held liable for content posted, uploaded, or shared in any manner, and you should exercise due caution, as you would in any public site or forum, and use good judgment in what you post, upload or share, and also exercise due caution with any information you may encounter on MP whether created by MP, its users, or other third party entities or affiliates. 

MP takes the security of its users' information very seriously, and will endeavour to keep this information private by utilizing all normal security protocols such as firewalls, filters, and antivirus protection.  However, due to the inherent dangers of hosting a public site, you agree that MP cannot be held liable for any security breach to its servers, or user data.

To serve all its users better, and to protect the integrity of MP for everyone, we may share user information to enforce our Terms of Use or Privacy Policy; respond to requests as compelled by law or court order; or respond to your request for customer service.

In our efforts to promote and service MP, anything you post up on the MP website will be deemed to be in the public domain, and you agree that MP will be able to use, display, reproduce, share, or modify, anything you post in order to facilitate these goals.

Unacceptable Usage

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to sales, marketing or promotion without our express written consent.

Your Content

In these Terms of Use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these Terms of Use.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these Terms of Use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Intellectual Property Rights

Unless otherwise stated, MP owns the intellectual property rights in this website and all materials on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from this website for your own personal use, in accordance with the restrictions listed below, and appearing elsewhere in these Terms of Use.

You must not (without express written consent):

(a)   republish material from this website (including republication on another website);

(b)   sell, rent or sub-license material from this website;

(c)   show in public, download, broadcast, use in anyway, or disseminate any material from this website without MP’s prior consent;

(d)   reproduce, duplicate, copy or otherwise exploit any material on our website for a commercial purpose;

(e)   edit or otherwise modify any material on the website; or

(f)    redistribute material from this website except for content specifically and expressly made available for redistribution (such as a newsletter).

Where content is specifically made available for redistribution, it may only be redistributed to friends, colleagues or within your organisation.

Access Restrictions

Access to certain areas of our website may be restricted. We reserve the right to restrict access to any areas of our website at our discretion.

If we provide a user ID and password to enable you to access restricted areas of our website or areas with publicly restricted functionalities, content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access our website.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

Breach of Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you.

Exclusion of Third Party Rights

These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Rights and Restrictions

MP forbids the copying, reproduction or personal use of any content on the MP website without the express consent of MP. 

MP reserves the entire right to limit, control, or remove any user, email, posting, petition, or content in any shape or form however uploaded to MP, and MP will retain the sole discretion to change or modify any process, limits, or Terms of Use.

MP retains in its sole discretion to temporarily, or permanently, stop any MP services for any reason, and MP will not be liable to any user or third party for any such stoppage.

MP reserves the right to allow for some time delay before some user actions, requests, or instructions are displayed or reflected in our website as a means of conserving resources to better serve all users.

MP retains the right to terminate any user’s account and/or removal of all content however stored on MP’s facilities, for inactivity, breach of our rules, or any other reason at our discretion.

If you engage the services of MP or any of MP’s advertisers or affiliates, you agree that MP will have no liability in any way shape or form should you suffer any loss or damage resulting from said engagement.

MP, its affiliates, or advertisers may provide links on the MP website which will redirect the user to an external site.  MP makes no representations, nor does it endorse anything at all found on these external sites, and will not be liable for any loss or damage suffered by any user who has engaged any external sites via any links found on MP. 

You agree that your use of any services or information found on the MP website is at your own risk.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Limitations and Exclusions of Liability

Nothing in these Terms of Use will: (a) limit or exclude liability for death or personal injury resulting from negligence; (b) limit or exclude liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these Terms of Use or in relation to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the core information and services on MP are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You agree to hold MP or any of our partners or affiliates harmless from any claims, made by a third party to you or to MP, resulting from any action, inaction, posting, or anything else you may have done while using any or all of the services provided by MP. You further agree to indemnify MP for any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by MP arising out of any breach by you of any provision of these Terms of Use.

You also agree to hold MP harmless for any damages you may suffer in reliance of any information posted on MP by its staff, members, guests, third parties, or MP affiliates.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MP’S WEBSITE AND YOUR USE THEREOF. MP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MP WEBSITE. MP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PETITION OR SIGNATURE; OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Law and Jurisdiction

You agree that: (a) the MP Website shall be deemed solely based in New York; and (b) the MP Website shall be deemed a passive website that does not give rise to personal jurisdiction over MP, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and MP that arises in whole or in part from the MP Website shall be decided by mediation and/or arbitration as outlined below.  If any issue is challenged to the courts, it shall be exclusively by a court of competent jurisdiction located in New York, NY.

Dispute Resolution

If a dispute arises from any matter contained in this Terms of Use, or relates to any use of the MP website or any related services or functions or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by binding arbitration.

No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

MP may determine that the American Arbitration Association (or a reasonably equivalent organization or individual) will administer the mediation and/or arbitration; and, each party shall pay for half the expense of either the mediation and/or arbitration service, along with any other shared services, regardless of the final result, and each party shall bear its own costs, fees and expenses pertaining to any part of the process that is under the unique control of each respective party.

Where applicable, the place of arbitration shall be New York City. The arbitration shall be governed by the laws of the State of New York. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. MP may determine that the arbitration be based on the submission of documents without in-person or oral hearing. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. The findings of the arbitrator(s) will be final, and there shall be no appeal to the arbitrator(s) decision.

The arbitrator shall issue a reasoned award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.

Entire Agreement

These Terms of Use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

Notice: The MP website has gone through extensive development and testing, and is currently available for full use in Beta mode as we continue to improve the site and add functionality. During this phase, users may find minor issues, inaccuracies or inconsistencies with some functionality and/or data.  We urge all users to contact us with any issues to help us develop a more robust website for everyone to enjoy. 

Contact Our Terms of Use Department Today





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