Terms of service

December 2015 Version

By using the DirectDemocracy Software Application ("Service”) you are agreeing to be bound by the following terms and conditions ("Terms of Service").

If DirectDemocracy makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://directdemocracy.online/terms

Violation of any of the terms below will result in the termination of your Account. While DirectDemocracy prohibits such conduct and Content on the Service, you understand and agree that DirectDemocracy cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Terminology

User: A person who has access via registration to the Service. A User can vote, comment on propositions and create propositions. Users must belong to the European School of Mamer in order to be able to perform such actions.

Proposition: A suggestion about the functioning or the daily life of the school proposed by a User and submitted for voting by other members. To avoid offensive content, propositions are moderated by a Moderator before becoming public.

Moderator: A User, whether physical person or legal entity, who has the rights to approve or block propositions before they become public. Moderators can also handle flag requests made by other Users.

Content: Material created by Users when using the Service.

1. Use of the service

Your login may only be used by one person, a single login by multiple people is not permitted.

You are responsible for maintaining the security of your account and password. DirectDemocracy cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account and the Propositions created by you. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in its jurisdiction (including but not limited to copyright or trademark laws).

2. Cancellation, deletion and termination

You may delete your account at any moment. In case of deletion of your Content will be immediately removed from the Service. This information cannot be recovered once your account is deleted.

DirectDemocracy in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service in case of non-respect of the present agreement at any time. Such termination of the Service will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all Content in your account. DirectDemocracy reserves the right to refuse service to anyone for any reason at any time.

3. Copyright and Ownership of content

DirectDemocracy claims no intellectual property rights over the material you provide to the Service. Your profiles and materials uploaded remain yours.

DirectDemocracy does not pre-screen Content, but DirectDemocracy and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

4. Intellectual property

DirectDemocracy reserves all intellectual property rights of the Service, including those attached to the underlying Software Source Code. The Service and all its Software constituent parts are copyright © 2015-2016 Photis Avrilionis. All rights reserved. These intellectual property rights are related to the protection of software in particular as defined in article 1, paragraph 1 as well as article 31 of the loi modifiée du 18 avri 2001 sur les droits d’auteur, les droits voisins et les bases de données of the Grand Duchy of Luxembourg. The software is licensed under the MIT license.

You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from DirectDemocracy.

5. General conditions

You agree to use the Service at its sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

The Service is available in English. Other languages might be available in the future. DirectDemocracy reserves the right at any time to add or remove languages with or without notice.

Support for the Service is available in English or French, via email.

You understand that DirectDemocracy uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

The Service is delivered over the cloud. You have no obligation to install special software in order to use the Service besides the Chrome browser. Other browsers are support on a best effort basis.

DirectDemocracy will make its best efforts to ensure an acceptable level of service for the Users. DirectDemocracy reserves the right to migrate the service to different cloud providers to guarantee the best conditions for the delivery of the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DirectDemocracy.

DirectDemocracy may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DirectDemocracy user, proposition or comment will result in immediate account.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

DirectDemocracy does not warrant that (a) the Service will meet your specific requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (e) any errors in the Service will be corrected.

You expressly understand and agree that DirectDemocracy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if DirectDemocracy has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third-party on the service; (e) or any other matter relating to the service.

The failure of DirectDemocracy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DirectDemocracy and govern your use of the Service, superseding any prior agreements between you and DirectDemocracy (including, but not limited to, any prior versions of the Terms of Service).

5. Jurisdiction

You agree that these Terms of Service and Your use of the Service are governed under the laws of the Grand Duchy of Luxembourg. You consent to seek an agreed settlement to any difficulty, which may arise with respect to the application or interpretation of the contractual clauses.

Any difficulties with respect to the interpretation, performance or termination of this agreement shall, in the absence of an agreed settlement, be brought before the Court of Luxembourg, to which territorial jurisdiction is hereby attributed, even in the event of third party proceedings or multiple defendants.