AGREEMENT.md

USER AGREEMENT

At the Democracy Earth Foundation, we bring together the Internet, mobile apps, blockchain, and other data decentralizing technologies, to equally empower each user, democratically, regardless of race, color, religion, wealth, sex, orientation, disability, or location. This User Agreement governs your access to and use of the Democracy Earth platform. By accepting this User Agreement, you agree to the Privacy Policy and Terms of Service regarding the control and processing of your personal data, last revised on September 25, 2018. At any time, platform users can propose and vote on changes to policies or services using Democracy Earth Dapp.

☑ I AGREE.

  I. TERMS OF SERVICE

A. FOUNDATION OVERVIEW. Services generated by Democracy Earth (the “Platform”) are provided to you (the “User”) with the contributions of the Democracy Earth Foundation (the “Foundation”), 3450 #349 Sacramento Street, San Francisco, CA 94118, a crowdfunded U.S. 501(c)(3) nonprofit with contributors located all over the world. The primary domain for the Platform is democracy.earth. The Platform facilitates incorruptible governance in any jurisdiction or organization by utilizing technology. Technologies like the Internet, mobile devices, blockchain, hashing, and digital identity verification, enable new forms of democratic representation and participation through decentralized government power.
B. PLATFORM OVERVIEW. Government process is a series of agreements between those governed (a “social contract”). The primary social contract is called the constitution. Secondary social contracts are determined by the legislative process set forth in the constitution. Utilizing data decentralizing technologies, the Foundation is enabling the development of blockchain-based social contracts (“smart contracts”), deployable on the Platform, whereby every User potentially has a mathematically secured incorruptible electronic copy of every smart contract made between two or more Users (the agreements can be encrypted for privacy). As a result of smart contracts: (1) any information can now be electronically communicated User-to-User, without relying on a corruptible central User, such as an individual, corporation, or government agency; (2) User resources can be crowdsourced and made available to solve any problem; (3) evidence of majority interests, regarding how the Users would like to solve said problems, can be documented using an electronic voting service; and (4) solution decisions, documented in the form of electronic voting results, can be audited and verified by each and every User, instead of by a single, corruptible, central User. The primary benefit of this decentralized communication arrangement is the elimination of middlemen, who may charge fees (such as banks, brokers, or marketplaces), impose advertisements (such as media corporations or other sources of propaganda), engage in surveillance (such as covert government agencies), corrupt information (such as “news” media or the politicians who control election results), or otherwise burden interactions between any two or more Users.
C. GOVERNANCE OVERVIEW. The Platform’s open source governance protocols can be found at https://github.com/democracyearth. You consent to the Platform’s Administrative Users, such as software developers, being decentralized and located anywhere in the world. At least one of the Platform’s Administrative Users can be reached at any time through admin@democracy.earth. This is an agreement between you, the User, and any service generated by the Platform, as enforced by the Platform’s Administrative Users on behalf of the Platform. At any time, Users can propose and vote on changes to the Platform’s administration and governance protocols. The Platform is designed to support the implementation and execution of a “user platform” as described in the book Architecture of a Technodemocracy (2018). The Platform guarantees:

1. THE RIGHT TO COMMUNICATE. Each User is equally empowered to communicate with all other Users, through spirit, speech, press, assembly, audio, video, or any other communication technology.
2. THE RIGHT TO OPTIONS. Each User is equally empowered to create options through proposals. Users control their on-Platform options by way of their personal settings within the Democracy Earth Dapp voting service. Users control their off-Platform options by way of proposals posted on the Democracy Earth Dapp voting service.
3. THE RIGHT TO DECIDE. Each User is equally empowered to make decisions through communicating, prioritizing proposals, voting, and auditing. Users make decisions for on-Platform matters by voting through the Democracy Earth Dapp voting service. Users make decisions for off-Platform matters by communicating majority interests (voting), through the Democracy Earth Dapp voting service, to technodemocratic representatives.
4. THE RIGHT TO ACCOUNTABILITY. Each User is due an accountability process (due process). Each User is equally empowered to audit every communication, option (proposal), and decision (vote). Democracy Earth Dapp voting results provide documented evidence of majority interests and can be: (1) audited on-Platform by any User at any time; and (2) compared to the off-Platform decisions made by world leaders. These four rights are guaranteed regardless of race, color, religion, wealth, sex, orientation, disability, or location.

D. SERVICES OVERVIEW. This User Agreement governs User access to and use of the Platform generated services, including Blockstack identity service, Keybase identity service, MetaMask identity service, other identity services, Democracy Earth Dapp voting service, other interfaces, other blockchains, other smart contracts, other tokens, other social media services, other communication services, other decision services, and other accountability services (collectively, the “Services”), as well as any information transmitted via the Services. By using the Services, you: (1) consent to the transmission of personal information to other Users; (2) consent to the use of your personal information by the Services; and (3) agree to be bound by the User Agreement. By obtaining a User key, you consent to at least one of the Platform’s Administrative Users: (1) administrating one or all of the Services; and (2) serving as an agent for the Platform. If you have any questions about this User Agreement, please contact admin@democracy.earth. Unless prohibited by the Platform’s constitutional smart contract, at least one of the Platform’s Administrative Users may change the Services at any time. That being said, Users are free to propose and vote on changes to the Services, through the Democracy Earth Dapp voting service.
E. CONTENT OVERVIEW. Information transmitted by the Services includes personal information, direct communications, political issue information, proposal information, voting information, social media, identity information, reputation information, transaction information, software, codes, other communications, other resource information, other decision information, and other accountability information (collectively, the “Content”). Content is the sole responsibility of the User who originates the Content and not the responsibility of the Services, the Platform, or the Foundation. You consent to all Platform Content being decentralized.
F. CONTENT RIGHTS. You retain your rights to any Content you provide. By providing Content, you grant all other Users a non-exclusive, worldwide, royalty-free license (including the right to sub-license) to use, copy, process, reproduce, adapt, modify, publish, transmit, display and distribute such Content. Such uses will be made with no compensation paid to you.
G. RESTRICTIONS. You may use the Services only if: (1) you agree to form a binding contract pursuant to this User Agreement; and (2) are not a person barred under the laws of the applicable jurisdiction(s). You must be at least sixteen years old to use the Services, or of the age required by law in your jurisdiction. If you are accepting the User Agreement on behalf of another entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to the User Agreement.
H. COMPLIANCE. You are responsible for how you use the Services, as well as any Content you provide, including compliance with applicable laws, agreements, rules, and regulations. You should only provide Content you are: (1) lawfully permitted to transmit; and (2) comfortable sharing with others.
I. RISK. Reliance or use on any Content obtained by you is at your own risk. The Services do not support, endorse, represent, or guarantee the truthfulness, completeness, accuracy, or reliability of any Content or communications transmitted. By using the Services, you understand that you may be exposed to Content that might be inappropriate, offensive, inaccurate, deceptive, or otherwise harmful. You may also develop an unfavorable or otherwise negative User reputation based on your actions.
J. HARM. Unless you have been specifically allowed to do so in a separate agreement, you agree not to do any of the following: (1) tamper with any of the Services, their infrastructure, or their processes; (2) probe, scan, scrape, crawl, or test the vulnerability of any of the Services, their infrastructure, or their processes, or otherwise breach or circumvent any security or authentication measures; (3) access, search, or attempt to access or search, any of the Services by any means other than interfaces administered by the Platform’s Administrative Users (and only pursuant to the User Agreement); (4) forge any part of the header in any communication, or in any way use the Services to send altered, deceptive or false source-identifying information; (5) access in an uninstructed manner; or (6) interfere with, disrupt, or attempt to disrupt, the access of any User or network, including, without limitation, sending a virus, implementing malware, overloading, flooding, phishing, spamming, mail-bombing, Sybil attacking, or otherwise scripting the creation of Content in such a manner as to harm, deceive, interfere with, or create an undue burden on the Services. The Platform’s Administrative Users may remove Content that violates the User Agreement. To report violations of this User Agreement, you can reach at least one of the Platform’s Administrative Users through violations@democracy.earth.
K. “AS-IS” & “AS AVAILABLE” SERVICES. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Platform Entities” refers to the Foundation and the Platform’s Administrative Users, as well as their affiliates, employees, agents, representatives, consultants, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE PLATFORM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Platform Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) lack of energy; (vi) acts of military or civil authorities; (vii) embargoes or government orders; and (viii) any similar unforeseen event that renders performance implausible. No advice or information, whether oral or written, obtained from the Platform Entities or through the Services, will create any warranty or representation not expressly made herein. By using these Services outside the U.S., you agree that the Platform Entities’ liability is limited to the maximum extent permissible by the laws of the applicable jurisdiction(s).
L. LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PLATFORM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID, IF ANY, IN THE PAST SIX MONTHS FOR THE TRANSACTION GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PLATFORM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
M. GENERAL. This User Agreement may be updated from time to time by at least one of the Platform’s Administrative Users. The changes will not be retroactive, and the most current version of the User Agreement, which will always be available at democracy.earth, will govern the relationship between User and Service. The Platform’s Administrative User’s will try to notify you of material changes. Other than for changes addressing new functions or made for legal reasons, the Platform’s Administrative Users will notify you in advance of making effective changes to the User Agreement. By continuing to access or use the Services after those changes become effective, you agree to be bound by the updated User Agreement. The laws of the State of California, excluding its choice of law provisions, will govern the User Agreement and any dispute that arises between you and the Services. All disputes related to the User Agreement or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States (“U.S.”), and you consent to personal jurisdiction and waive any objection as to inconvenient forum. In the event that any provision of any version of the User Agreement is held to be invalid or unenforceable, then that provision will be replaced by a like provision from a previous version or limited to the minimum extent necessary, and the remaining provisions of the User Agreement will remain in full force and effect. The failure to enforce any right or provision of the User Agreement will not be deemed a waiver of such right or provision by the Platform’s Administrative Users.
N. USER KEYS. User keys issue upon verification and authentication of identity. You are responsible for safeguarding your User key and consent to serving as a data controller, data processor, and data protection officer. The Platform cannot and will not be liable for any loss or damage arising from your failure to successfully manage your User key, personal information, or any other aspect of your use. You are not permitted to transfer, buy, or sell a User key. Fraudulent use or misuse of identity verification or authentication tools may result in criminal investigation and prosecution within applicable jurisdictions.
O. USER LICENSES. The Platform provides you a personal, royalty-free, worldwide, non-assignable, and nonexclusive license, to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use the Services, in the manner permitted by the User Agreement. The Services may be protected by copyright, trademark, intellectual property, and other laws of both the U.S. and abroad. Nothing in the User Agreement gives you a right to use the Democracy Earth name or any of the Platform’s marks, logos, domain names, or other distinctive features.
P. PLATFORM CHANGES. Unless prohibited by the Platform’s constitutional smart contract, at least one of the Platform’s Administrative Users may change the Services at any time. That being said, Users are free to propose and vote on changes to the Services. For example, Users could propose that the Platform’s Administrative Users arrange for one or more of the Services to be self-funded, such as through decentralized data analytics. Similarly, Users are free to propose and vote on social change. For example, U.S. Users could propose a new healthcare system. A technodemocratic representative would then have to implement the proposal on the U.S. congressional floor.
Q. TERMINATION. You may terminate your relationship with the Services at any time by discontinuing use. At least one of the Platform’s Administrative Users may restrict your use at any time if they reasonably believe: (1) you have violated the User Agreement; (2) you create legal exposure or other risk for the Services; or (3) provision of the Services is no longer viable, financially or otherwise. If you believe your ability to use the Services has been restricted in error, you can: (1) reach at least one of the Platform’s Administrative Users through appeal@democracy.earth; or (2) propose and vote on a remedy to said error using the Democracy Earth Dapp voting service.

  II. PRIVACY POLICY

A. PRIVACY OVERVIEW. You must obtain a User key in order to propose, debate, vote, transact, or otherwise communicate on the Services. In the limited circumstances where your personal information is disclosed, the Services do so subject to your control, pursuant to the User Agreement, because it is required by law, or because it is necessary to enable the Services. At any time, Users may propose and vote on changes to the Privacy Policy.
B. CHILDREN. The Services are not directed to children. You may not use the Services if you are under the age of sixteen. You must also be old enough to consent to the processing of your personal data in your jurisdiction. Some jurisdictions may allow a parent or guardian to do so on a child’s behalf.
C. PUBLIC INFORMATION. If you do obtain a User key, you will need to provide the Services with potentially private personal information. Most of the information you disclose to the Services will be communicated to other Users, such as personal opinions through electronic voting results. You are responsible for your communications and the personal information you provide the Services. You must think carefully about what you communicate and what personal information you make public. The Services have no duty to remedy the consequences of any disclosure of personal information and cannot guarantee a safe User experience.
D. IDENTITY. Identity verification and authentication ensures accountability over a decentralized, borderless network of Users. Identity verification and authentication prevents, for example, a single User from double-voting on a single proposal. Some personal information will be required in order to obtain a User key, such as a video proof, an audio proof, or some other personal exemplar or indicia. Using identity accountability technology, such as hashing, User identities will be verified and authenticated by one or all of the Services, periodically.
E. CONTACT INFORMATION. The Services will use your personal information to personalize the Services, enable tools, and to send you information about the Services. If, for example, you provide the Services with your telephone number, you agree to receive text messages from the Services, to that number, as your jurisdiction’s laws allow. The Services will also use your contact information to help others: (1) contact you (if your settings permit); and market to you (if your settings permit).
F. ACCESS. Unless prohibited by the Services constitutional smart contract, at least one of the Platform’s Administrative Users may access, read, preserve, or disclose any information Platform Administrative Users reasonably believe is necessary to: (1) satisfy any applicable law; (2) enforce the User Agreement, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to User-to-Service communications; or (5) protect the rights, property or safety of the Services, its Users, or the public. Nothing in the User Agreement is intended to limit any legal defenses or objections that you may have to a third party’s request to disclose your personal information.
G. CONNECTION DATA. The Services may receive your personal information as a result of you connecting to at least one of the Services. This may include connection data, such as your IP address, browser type, log data, device ID, operating system, or other technical information. This information may be used by at least one of the Platform’s Administrative Users to improve the Services.
H. CONTENT BOUNDARIES. At least one of the Platform’s Administrative Users may take action when Content involves: (1) furtherance of illegal activities; (2) graphic violence, including gore, death, terrorism, serious injury, or medical procedures; (3) adult content, including pornography or other arousing material; (4) trademark, copyright, or other intellectual property infringement; (5) threats of hack, physical harm, violence, disease, or death; (6) encouraging suicide; (7) racism, sexism, hatefulness, harassment, intimidation, or bullying; (8) sexual harassment or advances; (9) fraud or impersonation; or (10) propaganda, marketing, or advertisements. You may not publish or transmit other people’s personal information without their express consent, authorization, and permission. At any time, Users can propose and vote on: (1) making changes to these boundaries; or (2) implementing specific protocols.
I. PRE-LAUNCH PERSONAL DATA. By providing your personal data, such as name, email address, location, etc., to the Foundation, prior to the launch of the Platform, in exchange for the opportunity to beta test, become an early adopter, become a contributor, or otherwise communicate with the Foundation, you hereby agree: (1) such data is covered by the above Terms of Service; (2) the Foundation’s pre-launch data security measures are reasonable; and (3) the Foundation can destroy such data after the Platform is launched.
J. GDPR (EU regulation 2016/679). Every User is a GDPR “controller” and “processor” on a borderless blockchain-based decentralized network. For purposes of accountability, every User potentially has a copy of the data and every User is permitted to control, process, and protect the data. It is not possible to identify a single data controller or data processing entity or a physical location where data is processed. There is no central database. For more information, please visit https://github.com/democracyearth. By using the Platform, you acknowledge that you: (1) understand how decentralized blockchain technology works; (2) waive any GDPR rights; and (3) release the Services, Platform, and Foundation, of any GDPR responsibilities, such as data destruction. In the event at least one Platform Entity is treated by any legal jurisdiction like a centralized entity or as GDPR liable, the following contacts are provided. You can reach at least one Administrative User through admin@democracy.earth.
K. CCPA (California Consumer Privacy Act). This term applies to California residents. For purposes of accountability, every User potentially has a copy of the data and every User is permitted to control, process, and protect the data. It is not possible to identify a single data controller or data processing entity or a physical location where data is processed. There is no central database. By using the Platform, you acknowledge that you: (1) understand how decentralized blockchain technology works; (2) waive any CCPA rights; (3) release the Services, Platform, and Foundation, of any CCPA responsibilities; and (4) consider the Platform’s security procedures to be reasonable. For questions involving the CCPA, please email admin@democracy.earth.
L. ADVERTISEMENTS. In consideration for enabling your access to and use of the Services, you agree that the Services may display advertisements (if your settings permit) and/or self-fund using advertising revenue. At any time, Users can propose and vote on making one or more of the Services entirely ad-free.