MAKE.ORG’s TERMS OF USE

- as of October 30, 2017 -

Make.org is an organisation that is independent of any party that publishes a website and services open to the public.

To do this, it allows Users to make Proposals on the site. Other Users who wish to, can then comment or vote on these Proposals in order to support them, the objective being to succeed in bringing forth to society insights on questions of general interest, particularly in economic, social, civic and citizen matters. These insights may then be pursued by partners of Make.org who will help to render them tangible and make them become a reality.

1. OBJECTIVE OF THE SERVICE

These general conditions have as their objective to define the terms and conditions of use for the services offered at Make.org (hereafter: the “Services”), as well as to define the rights and obligations of the parties in this context.

In particular, they are accessible and printable at any time through a direct link at the bottom of the site’s homepage.

They can be supplemented, if applicable, by terms of use specific to certain Services, or by terms of use specific to certain specific users. In the event of contradiction, the specific conditions prevail over these general conditions.

2. OPERATING THE SITE AND SERVICES

The Site and Services (or collectively “the Services”) are operated by the company Make.org, Simplified Joint Stock Company with capital of 1000 euros, headquartered at 4 rue René Villermé, 75011, PARIS, registered at the RCS of PARIS under the number 820 016 095 (hereafter “Make.org”).

3. ACCESS TO THE SITE AND SERVICES

Access to the Site and Services is free.

It is open, subject to the restrictions on the site:

  • to any individual who has full legal capacity to agree to these general conditions. The individual who does not have full legal capacity can only access the Site and Services with the consent of his/her legal representative,
  • to any minor who has the authorisation of his/her legal representatives and under their control,
  • to any legal person acting through an individual who has the legal capacity to contract in the name of and on behalf of the legal person.

4. ACCEPTANCE OF THE GENERAL CONDITIONS

These General Terms of Use (hereafter “GTU”) have as their objective to define the terms according to which the User may access and use the Services. They constitute a contract between Make.org and the Users of the Service. They cancel and replace all previous provisions and constitute the full rights and obligations of the parties. The GTU are communicated to each User who acknowledges them.

Use of the Service implies full and unreserved acceptance of these GTU. Non-acceptance thus implies waiving of its use.  

Use of the Service also implies full and unreserved acceptance of the Data Use Policy of Make.org which is an integral part of these GTU and is available here.

These GTU are modifiable at any time without prior notice by Make.org. Any modification will be effective immediately after the new version of the GTU is posted online at the Site. The User is therefore invited to regularly consult the latest version of the GTU on the Site. Otherwise, it will be deemed that the new version of the General Terms of Use are accepted without reservation.

5.0 USE OF THE SITE

5.1 Access to the site

The site is open to the public and all Users can visit it and vote on the Proposals.

5.2 Registered users

All Users can vote on the site, but only registered Users can make Citizen Proposals. To this end, those who wish to, can register on the site by completing the form provided for this purpose. They must then provide all the information marked as required. Any incomplete registration will not be validated.

The Users registered on the site are specifically defined as “The Registered Users”.

Registered Users guarantee that any information provided in the registration form is accurate, up-to-date and truthful and is not undermined by anything of a misleading nature.

He/she agrees to updat this information in his/her Personal Space by contacting Make.org by email at contact@Make.org.

The Registered User acknowledges and accepts that the information entered for the purposes of creating or updating his/her Account is evidence of his/her identity. The information entered by the User binds him/her upon its validation.

5.3 Account and Personal Space

Registration automatically results in the opening of an account (hereafter: the “Account”), providing access to a personal space (hereafter: the “Personal Space”) which makes it possible to manage the use of Services in a format and according to the technical means that Make.org deems appropriate and that can evolve over time.

Registered Users can access their Personal Space at any time after being identified with the help of their login name and their password.

Registered Users commit to the use of the Services that are solely for personal use and to not allow any third party to use them in their place or on their behalf, except when assuming their full responsibility.

In the same way, Registered Users are responsible for maintaining the confidentiality of their login name and their password. They must immediately contact Make.org should they notice that their Account has been used without their knowledge. They acknowledge that Make.org has the right to take any appropriate measures in such an instance.

5.4 Truthfulness of the information provided and identity theft

Users attest to the truthfulness and accuracy of the information transmitted through the Services, such information being in no way deceptive, false, incorrect or likely to be misleading.

Make.org emphasises that the act of stealing the identity of a third party or using data of any kind to identify them in view of disturbing their peace or that of others, or violating their honour or their interest, is a crime punishable by law.

Any User suspected of stealing or attempting to steal an identity may be suspended or prohibited from accessing the Service, without prejudice to any damages and potential benefits that Make.org may have a claim to.

6.0 DESCRIPTION OF THE SERVICES

6.1 Citizen Proposals

The platform proposes that Users vote on Citizen Proposals that were put forth by other Users.

The citizen proposals made at Make.org all have an equal chance of being transformed into actions.

It is through his/her vote that the user can help a proposal to become a Citizen Action to which Make.org commits itself.

Make.org then designs its role as an intermediary between citizen proposals and action partners. (See 6.8 Action Partners)

6.2 Formulating a Citizen Proposal

Registered Users can issue their own Citizen Proposals that are intended to be published, commented on, analysed and debated. These proposals will then be submitted to the vote of the Users.

6.3 Format and content of the Citizen Proposals

Each Citizen Proposal is required to begin with “We should” and contain a maximum of 140 characters. The Citizen Proposal must be legible and written in French, in a format that can be understood by everyone, without abbreviations and without the misuse of capital letters.

The proposal must not contain items that would be contrary to the law, ethical standards or whose terms would contravene the provisions of these General Terms of Use.

6.4 Moderation and publication of the Citizen Proposal

The publication of the User’s Citizen Proposal is subject to moderation under the conditions defined in these GTU. The request for publication of a Citizen Proposal will be handled as quickly as possible by the Make.org teams, with the objective of responding within 48 hours.

The Make.org moderation department examines each Citizen Proposal received before posting it online. As a result, the User must make sure to not unnecessarily send multiple copies of a proposal of a Citizen Proposal and to not submit a duplicate proposal of a Citizen Proposal. He/she also must not spam the Services by putting forth the same Solutions with different email addresses.

Upon validation of the User’s Citizen Proposal, it will be published on the site and a publication notification will be sent to its author.

In the event of rejection of the User’s Citizen Proposal, an email will be sent to him/her by Make.org notifying him/her of the said rejection. The User may then freely submit a new Citizen Proposal.

Once published on the Service, it may be featured on the Services, without Make.org guaranteeing either its frequency of appearance or its audience.

Make.org is committed to not arbitrarily modifying the lawful content responding to its moderation rules proposed to it, apart from potential corrections related to spelling.

6.5 Request for deletion of a Citizen Proposal by a Registered User

In the event that a Registered User wishes that his/her published Citizen Proposal be deleted, he/she will send his/her request by email to Make.org at the following address: contact@Make.org.

The User’s deletion request will be handled within a reasonable timeframe by Make.org.

6.6 Voting on a Citizen Proposal

Users can all decide through votes on the citizen proposals posted on the Site, without having to create an account, by clicking on the buttons “Agree”, “Disagree” or “Blank Vote”.

6.7 Use of Citizen Proposals

Use for statistical purposes. Make.org may use Citizen Proposals, whether combined or not and expunged of all personal data, including compilations, summaries for statistical purposes, studies or any other purpose.

Use for debates. Citizen Proposals published on the Service may be selected by Make.org, in order to be analysed, commented on and/or debated during public debates organised by par Make.org or by its partners.

Use for the purpose of reporting and studies. Citizen Proposals published on the Service, as well as any related votes, may be selected by Make.org particularly in order to produce analyses, reports and studies for statistical and research purposes or to lead to the creation of reform projects.

Publication of official reports. Make.org may publish or co-publish non-commercial official reports incorporating, in whole or in part, Citizen Proposals.

Editorial use. Citizen Proposals, as well as any related votes, may also be incorporated, commented on and analysed by Make.org and/or by partner journalists in order to produce editorial content.

Use for communication purposes. Citizen Proposals may also be used by Make.org on the Site and be displayed on advertising spaces operated by the partners of Make.org. In this case, the use of a Citizen Proposal on these advertising spaces will lead to the anonymous publication of the Proposal if it has been published anonymously or subtitled with the first name, age, and department if the User has provided this information.

Realisation of Citizen Proposals. Finally, the proposal may be the subject of tangible transformative action, either directly by the Users, or through Make.org action partners, which the User responsible for the Proposal as well as the Users that voted on it expressly acknowledge and accept.

6.8 Action Partners

Make.org will mobilise civil society players (companies, associations, NGOs) to support the proposals on the platform experiencing the most success and make them become a reality.

At any given time, and without systematic sollicitation, these action partners may directly access any proposal posted in the “Actions space”, to subsequently implement it.

Make.org perceives its role as an intermediary between citizen proposals and its action partners.

Make.org ensures the effective implementation of citizen actions and their media coverage.

7.0 PROOF

The User expressly acknowledges and accepts:

  • that the data collected on Make.org’s site and computer equipment are proof of the reality of the operations undertaken within the framework herein;
  • that these data constitute the only accepted form of proof between the parties.

8.0 OBLIGATIONS OF THE USER

Without prejudice of the other obligations provided herein, the User agrees to comply with the obligations that follow:

8.1 Compliance with laws and regulations

The User agrees, in his/her use of the Services, to comply with the laws and regulations in effect and to not infringe upon the rights of third parties or public order. In particular, he/she is solely responsible for properly carrying out all formalities particularly those that are administrative, fiscal and/or social in nature, and all payments of contributions, taxes or levies of any kind incumbent upon him/her, if applicable, in relation with his/her use of the Services. Make.org’s liability may under no circumstances be bound in this respect.

8.2 Use of the Site and Services

The User acknowledges having carefully read the site’s characteristics, in particular those that are technical, of all Services. He/she is solely responsible for his/her use of the Services.

The User acknowledges and agrees that the implementation of the Services requires that he/she be connected to the internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.

The User agrees to not publish advertising proposals or promote for-profit services. The User agrees to not publish proposals that are not reliable or relevant. The User agrees to carry out strictly personal use of the Services. He/she is therefore prohibited from assigning, granting or transferring all or part of his/her rights or obligations herein to a third party, in any manner whatsoever.

 

The User agrees to not publish proposals that promote or disparage political parties, organisations or public personalities.

The User is also solely responsible for the relations that he/she may develop with other Users and information that he/she communicates to them within the framework of the Services. It is incumbent upon him/her to exercise proper prudence and discernment in these relations and communications. Additionally, the User agrees, in his/her dealings with other Users, to comply with the usual rules of politeness and courtesy.

The User agrees to not make comments or proposals that are contrary to the law and ethical standards and in particular, this list not being exhaustive:

  • comments inciting racial hatred, comments that are racist, anti-Semitic, xenophobic, homophobic, etc.;
  • comments that are violent, pornographic, paedophilic, etc.;
  • comments that are insulting, disparaging, defamatory, or harming third-party personality rights;
  • comments denying crimes against humanity and acknowledged genocides and glorification of crimes ;
  • comments inciting the commitment of acts punishable by law such as the incitement to commit acts that are violent, terrorism, the sale of narcotics, etc.;
  • comments that infringe upon the privacy or intellectual property rights of third parties,
  • comments that infringe upon the presumption of innocence or the confidentiality of judicial proceedings, etc.;
  • comments that infringe upon human dignity;
  • comments that may be considered a breach of the freedom of speech.

8.3 Relation to Make.org

The User agrees to provide Make.org with all the information necessary for the proper execution of the Services. More generally, the User agrees to actively cooperate with Make.org in view of the proper execution herein.

The User agrees to his/her proposals being reproduced according to indexing, formatting and highlighting rules of Make.org, as publisher of the Service.

9.0 GUARANTEES OF THE USER

9.1 Content

The User is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including the name and/or image potentially chosen by the User to identify himself/herself on the site) that he/she distributes within the framework of the Services (hereafter referred to as: the “Content”).

He/she guarantees to Make.org that he/she has full rights and authorisation necessary for the distribution of this Content.

He/she agrees to ensure that the said Content is lawful, does not harm the public order, ethical standards or the rights of third parties, does not infringe upon any legislative or regulatory provision and more generally, is in no way likely to bring into play the civil or criminal liability of Make.org.

The User is thus forbidden from distributing in particular, this list not being exhaustive:

  • Content that is pornographic, obscene, indecent, shocking or inappropriate for a family audience, defamatory, offensive, violent, racist, xenophobic or revisionist,
  • Content that is counterfeit,
  • Content that is detrimental to the image of a third party,
  • Content that is false, misleading or that proposes or promotes unlawful, fraudulent or misleading activities,
  • Content that is harmful to third party computer systems (such as viruses, worms, Trojan horses, etc.),
  • and more generally Content likely to harm the rights of third parties or to be detrimental to third parties, in any way and in any form whatsoever.

9.2 Limitations of the use of the Services

The User acknowledges that the Services offer him/her an additional but not alternative solution of the means that he/she already uses elsewhere in order to achieve the same objective and that this solution cannot be substituted for these other means.

The User must take the necessary measures to save the information according to his/her own means on his/her Personal Space that he/she deems necessary.

The User acknowledges and accepts that the implementation of the Services requires him/her to be connected to the internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.

9.3 Claims and compensation

The User guarantees Make.org against any complaints, claims, actions and demands that Make.org may encounter as a result of the violation by the User of any one of his/her obligations or guarantees under the terms of these general conditions.

He/she agrees to compensate Make.org for any harm that it has incurred and to pay it all the expenses, costs and/or convictions that it may have to bear as a result.

10.0 PROHIBITED BEHAVIOUR

It is strictly prohibited to use the Services for the following purposes:

  • engaging in activities that are illegal, fraudulent or harming the rights or security of third parties,
  • the breach of public order or the violation of laws and regulations in effect,
  • the intrusion into a third party’s computer system or any activity that may harm, control, interfere or intercept all or part of the third party’s computer system, violating his/her integrity or security,
  • the sending of unsolicited emails and/or commercial prospecting or solicitation,
  • manipulations aimed at improving the referencing of a third party site,
  • the assistance or incitement, in any form or manner whatsoever, to one or several acts and activities described above,
  • and more generally any practice diverting the Services to purposes other than those for which they were designed.

Users are strictly prohibited from copying and/or diverting to their purposes or to those of a third party, the design, technologies or any other item on the Make.org site.

The following are also strictly prohibited : (i) any behaviour that may interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or intrusion attempts into the systems of Make.org, (iii) any diversions from the site’s system resources, (iv) any actions that may impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of security and authentication measures, (vi) any acts that may harm the financial, commercial or moral rights and interests of Make.org or users of its site, and finally more generally (vii) any breach of these general conditions.

It is strictly prohibited to monetize, sell or concede all or part of the access to the Services or to the site, as well as the information that is hosted and/or shared on it.

11.0 MAKE.ORG GUARANTEE LIMITATIONS

11.1 Service quality

Make.org is unable to guarantee that the Service will not be interrupted. Make.org agrees to provide the Service with diligence according to the rules, while emphasising that it is only an obligation of means that the Users expressly acknowledge and accept.

Make.org agrees to regularly perform checks in order to verify the site’s operation and accessibility. As such, Make.org reserves the right to temporarily interrupt access to the site for maintenance purposes. Likewise, Make.org cannot be held responsible for temporary access difficulties or interruptions due to external circumstances, force majeure, or that are due to disruptions in the telecommunication networks.

Make.org does not guarantee its Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be totally free from errors, defects or flaws, (ii) that the Services, being standard and not provided for the sole purpose of a given User based on his/her own personal constraints, will specifically meet his/her needs and expectations.

11.2 Content

Although the Services are subject to moderation, Make.org cannot be held responsible for the Content, whose authors are third parties, any potential claim being firstly directed toward the author of the Content in question.

Content that is detrimental to a third party can be subject to a notification to Make.org according to the terms set out by article 14 of Directive 2000/31/CE, Make.org reserving the right to take the measures described in article 12 (of the GTU).

11.3 Loss of information

The service being provided free or charge, Make.org accepts no responsibility in the event of potential loss of information accessible in the User’s Personal Space, he/she being required to save a copy and being unable to make a claim for compensation in this respect.

11.4 Damages

In any case, the responsibility liable to be incurred by Make.org under the terms herein is expressly and solely limited to the damages directly suffered by the User.

12.0 INTELLECTUAL PROPERTY

12.1 Property of Make.org

Make.org does not make any property claim of the Data and Content provided by the Users.

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc…) operated by Make.org within the site are protected by all intellectual property rights or database producer rights in effect.

Any reproduction, representation, publication, transmission or more generally any unauthorised exploitation of all or part of the Service and information contained herein, without the express authorisation of Make.org, will incur the liability of the User.

Any disassembly, decompilation, decryption, extractions, reuse, copies and more generally, any acts of reproduction, representation, distribution and use of any of these items, in whole or in part, without the authorisation of Make.org are strictly prohibited and may be subject to legal proceedings.

12.2 Property of Citizen Proposals

Citizen Proposals are the property of their authors who grant to Make.org a non-exclusive, transferable and free business licence, for France and for the rest of the world, for any online use and for any method of distribution, throughout the duration of these GTU and for all uses covered by them.

13.0 THIRD PARTY LINKS AND SITES

Make.org may not under any circumstances be held responsible for the technical availability of internet sites or mobile applications operated by third parties (including their potential parties) to which the User would access through the site.

Make.org does not endorse any responsibility in terms of content, advertising, products and/or services available on such third party sites and mobile applications which are governed by their own terms of use.

Make.org is also not responsible for transactions occurring between the User and any professional or commercial advertiser, (including its potential partners) towards which the User would be directed through the site and cannot in any respect be a party to such potential disputes with these third parties concerning in particular the delivery of products and/or services, guarantees, statements and other obligations which these third parties are responsible for.

14.0 SANCTIONS AND TERMINATION

In the event of breach of any of the provisions of these general conditions or more generally, violation of the laws and regulations in effect by a User, Make.org reserves the right to take any appropriate measure and particularly:

  • to suspend or terminate access to the Services of the User, the one responsible for the breach or violation, or having participated in them,
  • to delete any content posted online at the site,
  • to publish on the site any information message that Make.org would deem useful,
  • to notify any relevant authority,
  • to undertake any legal proceedings.

In general, in the event of a breach by the User of his/her obligations set out herein and/or in the event of infringement of any applicable law or regulation, Make.org may lawfully terminate these Terms of Use without prior notice or formality.

The termination of these Terms of Use will result in the suspension of access to the User Services in question, as well as the deletion of his/her data and his/her content. The User will be informed of this termination by email, at the address that he/she provided when registering. The termination will occur without prejudice to the damages and interests that Make.org may claim as compensation for the harm potentially incurred as a result of the breaches by the User. Make.org may subsequently disallow the User from creating a new account on the Service.

Due to the Services being free of charge, Make.org may delete at any time without prior notice, for any reason, temporarily or permanently, the publication of a Citizen Proposal.

Likewise, due to the services being free of charge, Make.org may at any time without prior notice, for any reason, temporarily or permanently, proceed with the partial or full modification or deletion of the Services.

No termination, interruption, modification or deletion of the Services will likely result in compensation to the User.

15.0 DURATION OF SERVICES, DEREGISTRATION

Services are subscribed to for an indefinite duration.

The Registered User can unsubscribe from the Services at any time, by sending a request to this effect to Make.org by email to contact@make.org

Deregistration is effective immediately. It results in the automatic deletion of the Registered User Account as well as his/her Proposals.

16.0 MODIFICATIONS

Make.org reserves the right to modify these general conditions at any time.

The User will be informed of these modifications by any means used.

The User who does not accept the modified general conditions must unsubscribe from the Services according to the terms set out in these GTU.

Any User who makes use of the Services subsequent to the modified general conditions taking effect is deemed to have accepted these modifications.

17.0 INTEGRITY

If one or several stipulations herein are deemed void by a law or a regulation, or declared as such by final decision of a competent jurisdiction, they will be deemed as unwritten. The other stipulations herein will remain in effect maintaining their full force and scope, insofar as is possible, the Parties committing, as necessary, to meet in order to replace the invalid clause with a valid clause, as close as possible, in spirit, to the one to be replaced.

18.0 NON-WAIVER

The fact that one of the Parties does not avail himself/herself at any time of any of the stipulations herein may not be interpreted or deemed as a waiver of his/her rights in accordance with that indicated herein, will not affect in any way the validity of all or part herein and will not affect the rights of the Party in question to act accordingly.

No Party will be deemed to have waived a right acquired under the terms of the contract, unless waived in writing and signed.

19.0 FORCE MAJEURE

Any unforeseeable events that are compelling and external to the Parties such as (and not limited to) acts of war or terrorism, criminal acts, riots, natural or industrial catastrophes, explosions, legal requisitions and other legislative or regulatory provisions restricting the exercise of Make.org’s activity, disruptions to the electronic communications networks independent from the will of Make.org, etc., must be deemed a case of force majeure. In the event of force majeure, Make.org may be required to suspend the Service. As a result, the effects of the contract are suspended and may resume upon the termination of the case of force majeure for the remainder of the contract’s duration. They may also remain void.

20.0 LANGUAGE

In the event that these general conditions are translated into one or several languages, the language of interpretation will be the French language in the event of contradiction or dispute regarding the meaning of a term or a provision.

21.0 APPLICABLE LAW AND JURISDICTION

These general conditions are governed by French law.

In the event of any dispute regarding the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge, unless there are mandatory procedural rules to the contrary.

22.0 ENTRY INTO FORCE

These general conditions entered into force on 31/10/2017.

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