Terms

User obligation

We, OurSay Pty Ltd (OurSay), have created these terms of use to govern how people interact on the OurSay website (“website”). If you have any questions or need more information, just drop us a line and we will get back to you as soon as we can. By viewing, accessing or using this site you signify your agreement to these Terms of Service in their entirety. If you do not agree to any of these terms, please do not access, view or use our website.

Rules of participation

As an organisation founded by young people, OurSay strives to engage young people 13+ in shaping the political conversation. If you are under 18 years of age, however, you should ask a parent or guardian if it is okay for you to create an account on this website.

Only one (1) account per person. Each account gets seven (7) votes per OurSay. Accounts must be created using your real name. You may not create an account on behalf of another person or in the name of any kind of group or organisation.

If you are found to have multiple accounts or if you have found a way to cheat or exploit our voting system, your accounts may be disabled and any content, including votes and questions, contributed by you may be removed.

Be civil. It is the internet after all, so any process or contribution, from the registration of your username to your contribution to content (including but not limited to questions, comments, videos and pictures), must not contain:

  • Offensive content: Don’t post content that is racist, sexist, homophobic, or otherwise extremely offensive.
  • Obscenity: Don't post or distribute content that is obscene or indecent, depicts violence, sexual activity or pornography; or contains instructions in crime or drug use;
  • Abuse: We moderate content for mindless abuse and excessive trolling;
  • Defamatory content: Don’t post content making false claims about other people;
  • Contempt: Please watch your language and respect other people's views, beliefs and emotions;
  • Incitement: Don’t post content that is threatening, advocates the use of force or violence towards any person or encourages, endorses, approves or recommends the performance of dangerous or illegal acts;
  • Copyright infringement: Don’t copyrighted material or material created by others without direct permission;
  • Promotional or advertising material: We encourage users to post links to information supporting their issues, but content and links that promote or advertise products and services unrelated to the topic at hand may be moderated; or
  • Material that is otherwise unlawful.

You must not use another person's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account.

We reserve the right to refuse to post or redact content that we deem to be spam or breach these terms. We reserve the right to pre-screen submissions or contributions as we see fit.

If you feel we have been unfair in our moderation, let's talk about it. Email us setting out your concern and providing a way for us to contact you, and we will endeavour to respond to you or to contact you to discuss the issue.

Finally, we do reserve the right to remove any content for any reason, but we are not responsible for any failure or delay in removing such material. We also reserve the right to, at any time and for any reason, deny you future access to this site or impose conditions on your access.

Our website may contain links to other sites as well as embedded content hosted on other sites (e.g. YouTube/Vimeo videos). We are not responsible for and have no control over the privacy practices of those sites, and recommend that you read their privacy policies for further information.

Privacy

OurSay collects non-personally identifiable data including, but not limited to, your IP address, the type of browser and operating system you are using, and the domain name from which you linked to our Site. In agreeing to these terms you authorize OurSay to use this information to support and maintain the operation of the Site and to share this information in an aggregate form with our business partners for the purpose of auditing and enhancing the OurSay experience.

OurSay also collects some personally identifiable information, such as email address, date of birth, gender, and postcode, both through the account creation process and in the optional fields of your user profile. In agreeing to these terms you authorize OurSay to use this information and share it with our business partners in a solely aggregate form, for the purpose of measuring Site performance and enhancing the OurSay experience.

We will not disclose your personally identifiable information to any third party without your prior consent, unless compelled to do so by law.

If you are a parent or guardian and concerned that a young person may have provided us with personally identifiable information then please notify us by visiting the “Support” page of this site so that we can take appropriate action.

Answer Production

Users who post winning questions in an OurSay forum will be contacted by OurSay to discuss the production of an answer for that question. Users may be asked to:

  • Provide background information concerning themselves and their questions;
  • Participate in interviews with an OurSay Media Partner;
  • Be featured in audio or video recordings of the winning question;
  • Participate in a town-hall event and address the relevant decision maker directly;
  • Appear and/or participate in a live broadcast either remotely or in person; and
  • Be featured in video footage made available on the OurSay site on a permanent basis.

Users who refuse to consent to any aspect of answer production may nominate a representative to champion the winning question on their behalf. In addition, users who are unresponsive to the OurSay team according to the production timelines in place will have a representative nominated by OurSay on their behalf. In either case, the nominated representative must (i) be an existing OurSay user at the time the question is deemed to have won, and (ii) have voted for the winning question during the OurSay campaign. All nominated representatives are subject to final approval by OurSay. In some cases, answer production will require that users meet minimum technical requirements, such as access to a web camera and reliable internet connectivity. OurSay will work with its partners to assist users who cannot meet these requirement, but reserves the right to replace the user with a nominated representative if the requirements cannot be met.

In certain cases OurSay offers special opportunities for winning question-askers to meet with featured decision makers or thought leaders. OurSay reserves the right in these instances to exclude participation from high-profile public figures or journalists employed by or affiliated with major media organisations. In such cases other users from the general public who voted for the winning question will be selected to meet with the decision maker or thought leader instead at OurSay's discretion.

Intellectual property

The content on this website is released under the Creative Commons Attribution - Noncommercial License. This means that others can copy, distribute and display content on the website (and derivative works based upon it), but not for commercial purposes unless we permit you to do so expressly and in writing. If you want to use content on this site for a non-commercial purpose you must attribute the content used to OurSay using any of the logos or text at this link. You must not in any way suggest that the creator endorses you or your use of the work.

Warranty disclaimer

By accessing, contributing to or in any way using this site you agree that your use of the website shall be at your sole risk. OurSay makes no warranties or representations about the accuracy or completeness of the website's content or the content of any sites linked to it, and assumes no liability or responsibility for any (i) errors, mistakes, omissions or inaccuracies of content on the website, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorised access to or use of the website and/or any and all personal 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 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 website.

Limitation of liability

In no event shall OurSay be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever resulting from any (i) errors, mistakes, omissions or inaccuracies of content on the website, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorised 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 loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not OurSay is advised of the possibility of such damages.

You specifically acknowledge that OurSay shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree to defend, indemnify and hold harmless OurSay from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your posts or submissions caused damage to a third party. This defense and indemnity obligation will survive these Terms of Service and your use of the website.

Ability to accept Terms of Service

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OurSay without restriction.

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