General Terms and Conditions
PoliticAll AG, based at Metallstrasse 6, 6300 Zug, Switzerland ("POLITICALL", "we" or "us") operates a virtual Platform on the Internet at [www.PoliticAll.com] (including sub-domains called "Platform"), dedicated to politics on which people with interests in politics and current public affairs shall be connected. POLITICALL provides to its registered Members ("Member(s)") a full range of features to express themselves. Non-members ("Non-Member(s)") can access the Platform and see all publicly posted contents of the registered Members (Members and Non-members are together the "User(s)").
1.2 Validity and Scope of the T&C
2 Access to the Platform
2.1 Member Registration
In order to make use of all features of the Platform you will be asked to create a Member account. For the registration, you may be asked to provide certain registration details or other information (e.g. e-mail address, date of birth). All such information must be correct, current and complete. Members are required to update the information whenever there are changes to the information.
You are not entitled, without any reservation, to register on the Platform as a Member or to use the services or receive services of the Platform. POLITICALL is entitled to refuse registration, exclude a Member in accordance with fig. 2 and 5 of this T&C or prohibit the use of the Platform without being obliged to give any justification.
Registration and use of the Platform is free of charge. POLITICALL reserves the right to impose fees at a later stage, with prior written information and the possibility to terminate the membership in accordance with fig. 2.3 of this T&C before any costs are incurred.
2.2 Account Security
During registration, you may choose a User name and set your own password as part of our security procedure ("Access Details"). You are asked to treat such Access Details confidential and must not disclose it to any other person or entity. If the Access Details are disclosed to third parties, you must change your password immediately or inform POLITICALL of any unauthorized use. Be careful when you access your account from a public or shared computer so that others are not able to view your Access Details or other personal information.
When your Access Details are used POLITICALL shall be entitled to assume that you logged in yourself. You are therefore fully responsible to POLITICALL for the use of the Member's account by third parties.
2.3 Termination Rights
You may delete your POLITICALL membership at any time by following the procedure under the section "Delete Account" in your profile settings.
2.4 Technical faults, maintenance and limitations
POLITICALL endeavours to keep the Platform accessible at all times. We reserve the right to withdraw or/and amend this Platform and any service we provide on the Platform at any time, in our sole discretion and without notice.
For maintenance, security or capacity reasons, or due to events beyond the control of POLITICALL (such as disruptions and interruptions to public communications systems, power failures, etc.), the Platform may suffer from disruptions or may temporarily suspend operations. POLITICALL reserves the right to temporarily restrict the access to some part of the Platform, or the entire Platforms.
POLITICALL is not liable for the temporary unavailability of the Platform, the failure of any or all of the Platform or Platform functions or for the Platform malfunctioning, and particularly not for loss or damage caused by software defects, hacker attacks or other problems caused by the internet.
2.5 Illegal activities
Any activities on the part of Users violating the [Code of Conduct] or other activities not within the intended use of the Platform, such as using software, scripts, or other mechanisms that could interfere with, overload or damage the proper operation of the Platform, are prohibited. Including but not limited to introducing viruses, Trojan horses and/or worms.
The use of robots, crawlers or any other automatic devices to monitor and/or to copy the contents of the Platform is prohibited. POLITICALL has the right to request that any User involved in this type of activity delete any data obtained in this way. POLITICALL reserves the right to claim damages.
3 Offered Services
3.1 Services for Members
POLITICALL offers a full range of services necessary for practicing cyber activism:
Profile Page: You can create and personalize your own profile page. You can make it private (visible only to members accepted by the admin) or public (visible for all Members and only some information to Non-Members).
Group page: You can build groups that represent a hub for discussion and shared information for people who are mobilizing for the same cause. These groups are for discussion and interaction among members.
Debate: You will be provided space to debate and to explore opinions on a variety of topics. Without censorship and within the limitations of our Code of Conduct opinions can be expressed about politics.
Events: You can create events, invite your friends to participate and challenge together the political process.
Blogs: You will be dedicated a space for the creation of content; it will allow you to share your opinions, analyses, ideas and visions. This allows a wide range of content to be published and your creativity will find its audience.
Petitions: You will have the option to launch petitions to initiate concrete actions. This can help create and identify decision-making efforts. If your petition received a large number of signatures it may challenge public opinion.
The services of the Platform are offered to its Members after and for the duration of registration. We reserve the right to change the range of services on the Platform and the design of the Platform, or to offer a different range of services at any time, in our sole discretion and without notice.
3.2 Services for Non-Members
Non-members may not use the in fig. 3.1 listed features of the Platform. You, as Non-Member, can see publicly made information by the members of POLITICALL.
4 Intellectual Property Rights
All rights related to the Platform its entire contents, features and functionality (such as copyrights and other propriety rights) are owned by POLITICALL, its licensors, or other providers of such material (e.g. other Members) and are protected by Swiss and other applicable intellectual property laws. You are allowed to share content of other Members by means provided by POLITICALL on the Platform, but you shall not publish, reproduce, transmit, modify and/or combine contents, features and other elements of the Platform for public and/or commercial purposes in any form without our prior written consent.
"POLITICALL" and "PoliticAll.com", our logos and all related names, logos, product and service names, designs and/or slogans are trademarks of us or our affiliates or licensors. You must not use such trademarks without our prior written consent.
You must ensure in accordance with our Code of Conduct that your content(s) do not breach any third party intellectual property rights.
You grant POLITICALL the right, free of charge and for an unlimited time, to use the content (in particular text, image, audio and video content) that you have sent to POLITICALL, both online and offline (e.g. in print or online media) or published on the Platform for the following purposes: (i) to make the content publicly available via the Platform; (ii) to copy, distribute and process the content, by including content(s) or excerpts in print or online media. In addition, you allow other Members to share your content by means provided by POLITICALL on the Platform.
5 Member Contributions
5.1 Prohibited Contributions
POLITICALL provides you a Platform, on which personal and political views can be shared and made publicly available. We respect the fundamental freedom of expression and expect the same from our Members. We request that all Contribution(s) on the Platform comply with our Code of Conduct and this T&C.
5.2 Responsibility & Liability
You understand and acknowledge that you are responsible for any contribution you submit and you and not POLITICALL have full responsibility for such content, including but not limited to its legality, reliability, accuracy and appropriateness. We are not responsible and/or liable to any third party for any contribution(s) posted by you or any other User of the Platform, or content(s) of webpages that are accessible through links on the Platform, regardless whether this information is shared by Members or POLITICALL itself.
POLITICALL strives to ensure that the freedom of expression remains the standard for the content(s) of the Platform. We strictly oppose censorship. Members of the Platform shall not be punished if they exercise their right to speak freely, as long as they respect others who do the same. Our role is restricted to operating the Platform. We are not obliged to monitor all contributions made available by Users on the Platform. However, should we become aware (or be made aware by third parties or public authorities) of contributions that do not respect our Code of Conduct or may otherwise be contrary to applicable laws or that infringe the rights of other people or groups, we may have to take down or make unavailable any contributions or parts thereof. , POLITICALL expressly reserves the right to take any necessary action with respect to any User contribution that deems to be necessary and appropriate, at any time and on our sole discretion. Such actions include but are not limited to the cooperation with the competent authorities and/or the deletion of Member's and/or content(s) in accordance with the process set forth in the Code of Conduct and/or suspension of access to the Platform.
6 Data Protection and Data Security
7.1 Severability clause
If any of the individual provisions in these T&C become null or invalid, this shall not affect the validity of the remaining provisions. Any void or invalid provisions shall be replaced by provisions which correspond most closely to the economic meaning and purpose of the void or invalid provisions in a legally affective manner. The same shall apply in the event that there are loopholes in the T&C.
Agreements that differ from the T&C shall only be considered valid if POLITICALL has expressly agreed to them in writing.
7.2 Amendments to the T&C and Platform
POLITICALL reserves the right to amend these T&C at any time, without providing a reason, and to publish the updated version on the Platform. The latest version of the published T&C on the Platform shall apply. Your continued use and access to the Platform following the publication of the revised T&C means you accept and agree on the changes. You are asked to check the latest version of the T&C to be aware of any changes, as they are binding on you.
The Members will be notified by e-mail about the amended T&C.The amendments shall be deemed to have been accepted if the Member does not object to them in writing within ten days of notification, or if the Member continues to use the services of POLITICALL after receiving the amended T&C. If the Member objects to the amended T&C, the membership between POLITICALL and you shall end immediately without notice.
7.3 Applicable law and place of jurisdiction
All matters relating to the use of this Platform (including these T&C) and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims) shall be governed solely by Swiss law, to the exclusion of agreements between states.
All disputes or claims arising out of or in connection with the relationship between the Users and POLITICALL shall be settled by the ordinary courts. The exclusive place of jurisdiction shall be Zurich. POLITICALL reserves the right to sue any User in any other court of competent jurisdiction. Any mandatory consumer jurisdictions shall remain reserved.
POLITICALL, February 21, 2022