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DebateOurFuture Terms of Use Agreement
This Terms of Use Agreement ("Agreement"") is a legally binding agreement
between DebateOurFuture and you, the member ("Member"),
regarding your use of the DebateOurFuture.com Website and any services,
features, contents or applications offered at the DebateOurFuture.com
domain (the "Website").
By using the Website, you agree to be bound by the terms of this Agreement.
DebateOurFuture may change, modify, add, or delete portions of this Agreement
from time to time and such changes shall be effective upon posting on the
Website. Your continued use of the Website after such changes constitutes your
acceptance of the new Agreement.
The term "User" refers to a Visitor or a Member. You are only authorized to use
the Services (regardless of whether your access or use is intended) if you agree
to abide by all applicable laws and to this Agreement. Please read this
Agreement carefully. If you do not agree with it, you should leave
the Website and discontinue use of the Services immediately. If you wish to
become a Member, communicate with other Members and make use of the Services,
you must read this Agreement and indicate your acceptance during the
Registration process.
1. Use and Termination
You must be 21 years of age or older to register as a Member. If you are under
the age of 21, you are not allowed to register and become a Member of or access
the Website. By registering as a Member, you represent and warrant that you are
21 years of age or older. If we believe that you are less than 21
years of age, or anyone has or is using your account is under 21, your profile may be deleted and your Membership may be
terminated without warning and without refund of membership and
services fees. Do not share your account, the account owner
is solely responsible for all usage of their account,
regardless of user. The Member understands
and agrees to make a good faith effort to follow the directions of
DebateOurFuture in the use of the Website, including but not limited to
actively using the Website. DebateOurFuture reserves the right, in its sole
discretion, to terminate your membership effective immediately for any reason,
with or without notice. You may terminate your membership at any time for any
reason by giving DebateOurFuture written notice by email of such intent.
Members are automatically removed from the active member list after 3 months of
inactivity. DebateOurFuture.com may modify this Agreement from time to time
and such modification shall be effective upon posting by DebateOurFuture.com
on the DebateOurFuture Website. You agree to be bound to any changes to this
Agreement when you use the DebateOurFuture Services after any such
modification is posted. It is therefore important that you review this Agreement
regularly to ensure you are updated as to any changes.
2. Proprietary Rights
The Website uses and contains proprietary intellectual property rights owned by
or licensed by DebateOurFuture. Use of the Website shall not be construed as
giving you any rights or license to such intellectual property rights except for
information in the public domain. With regard to any assistance you may give in
the improvement or development of the Website, including but not limited to any
ideas, designs, plans or know-how, you agree to grant DebateOurFuture a
perpetual, worldwide, fully paid-up, irrevocable, transferable license to use
and sublicense the intellectual property contained in such assistance.
3. Member Conduct
You agree that you will not upload, distribute or reproduce on the Website:
a. any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights; including, but not limited to, music, picture and video content. b. any material that is violent, threatening, abusive, sexually explicit,
obscene, offensive, hateful, derogatory, defamatory, libelous or racially,
ethnically or otherwise objectionable; c. any material that promotes an illegal activity; d. spam or junk mail or other material for a commercial purpose; e. false or misleading material; or f. any material that contains software viruses, bugs, worms or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment.
You further agree that
a. The Website is available for your personal, non-commercial use only;
b. You will not use the Website in any unlawful manner; and
c. You will not use or attempt to use another Member's account or create a false
identity on the Website.
d. You will not share your account with anyone.
4. Member Content Posted On The Website
You are solely responsible for the content that you publish or display on
Website, or transmit to other Members (collectively the "Member Content"). You
agree that DebateOurFuture may and will review and delete or remove any
Member Content that in its sole judgment violates this Agreement or which might
be offensive, illegal, or that might violate the rights, harm, or threaten the
safety of Members or others. DebateOurFuture assumes no responsibility for
the Member Content, no obligation to modify or remove any inappropriate Member
Content, and no responsibility for the conduct of the Member submitting any such
Member Content. By posting Member Content to any part of the Website, you
automatically grant, and you represent and warrant that you have the right to
grant to DebateOurFuture an irrevocable, perpetual, non-exclusive,
transferable, fully paid-up, worldwide license (with the right to sublicense) to
use, copy, perform, edit, add to, display, reformat, translate, excerpt (in
whole or in part) and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and
content, and to grant and authorize sublicenses of the foregoing. This license will terminate at the time you remove such Member
Content from the Website. All
posted and uploaded content of any kind remain the property of the member
who submitted said content. Make An
Organization acts as the Online Service Provider as set force on the terms of
the DMCA
and OCILLA
copyright acts. DebateOurFuture does not pre-approve
member content and may not be aware of copyright
infringement until notified. On notification,
DebateOurFuture claims Safe Harbor and will follow
procedures set forth per the terms of the
DMCA
and OCILLA
copyright acts.Copyright Infringement Notification see
number 6
Please choose carefully the information you post on DebateOurFuture.com and
that you provide to other Users. Your DebateOurFuture.com profile may not
include the following items: telephone numbers, street addresses, last names,
and any photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other DebateOurFuture.com Members
(for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and
DebateOurFuture.com assumes no responsibility or liability for this material.
If you become aware of misuse of the DebateOurFuture Services by any person,
please contact DebateOurFuture or click on the "Report"
link at the bottom of any DebateOurFuture.com page.
5. Links to Other Websites
The Website contains links to other Websites. DebateOurFuture is not
responsible for the content, accuracy or opinions express in such Websites, and
such Websites are pre-approved or checked for accuracy or
completeness by Make An Organization. Inclusion of any linked Website on or
through the Website does not imply approval or endorsement of the linked Website by Make An Organization.
Website links found to be in violation with our terms of
service (any photographs containing nudity, or obscene,
lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter, etc.) may be
deleted. If you decide to leave the
DebateOurFuture Website and access
these third-party sites, you do so at your own risk.
6. Copyright Infringement Notification
If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide
the DebateOurFuture Copyright Agent the following information
required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17
U.S.C. ¤ 512:
• A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
• Identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a
representative list of such works at that site.
• Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and
that is
to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the
material.
• Information reasonably sufficient to permit us to contact
the complaining party.
• A statement that the complaining party has a good-faith
belief that use of the material in the manner complained of
is
not authorized by the copyright owner, its agent, or the
law.
• A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Contact the
Designated Copyright Agent with details of the claimed
infringement and a Takedown Notice.
The DebateOurFuture Copyright Agent for notice of claims of
copyright infringement on or regarding this site can be
reached by sending an email via this form
copyright agent
or write to
DebateOurFuture Copyright Agent
Copyright Infringement Notification
115 Lantern Park Lane South
Southbury Ct 06488
The license you grant to DebateOurFuture.com is non-exclusive (meaning you
are free to license your Content to anyone else in addition to
DebateOurFuture.com), fully-paid and royalty-free (meaning that
DebateOurFuture.com is not required to pay you for the use of the Content that you post),
sub licensable (so
that DebateOurFuture.com is able to use its affiliates and subcontractors
such as Internet content delivery networks to provide and distribute DebateOurFuture
Member Content), and worldwide (because the Internet and DebateOurFuture.com
is global in reach). This license will terminate at the time you
remove your Content from the DebateOurFuture Website. The license does not
grant DebateOurFuture.com the right to sell your Content. The
license grants DebateOurFuture.com the right to distribute your Content
outside of the DebateOurFuture Website, via search engine indexing, RSS feeds
and copied links.
You, the user, agree to pay for all royalties, fees, and any other monies owing any
person by reason of any Content posted by you to or through the DebateOurFuture.com Website.
The DebateOurFuture.com Website contains Content of Users and other
DebateOurFuture.com licensors. Except for Content posted by you, you may not
copy, modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any content appearing on or through the DebateOurFuture.com
Website.
7. Disclaimer
DebateOurFuture has the right, in its sole discretion, to remove or restrict
access to any material uploaded by a Member which it views as violating the
terms of this Agreement or inconsistent with the policy of DebateOurFuture.com.
Notwithstanding such right, DebateOurFuture.com is not liable for any material
uploaded by a Member, including but not limited to the accuracy of the material
or the conduct of a Member either within the Website or offline. The Website
is provided "AS IS" and DebateOurFuture does not guarantee the functionality
of the Website or a particular result from the use of the Website. You
acknowledge and agree that DebateOurFuture is not liable for any interruption
or breakdown of service, loss or corruption of data, attacks against the Website from third parties, any technical malfunction at any point in the provision
of the service of the Website or force majeure. DebateOurFuture expressly
disclaims any responsibility for loss or damage, including personal injury or
death, resulting from the use of the Website or from any content posted on the
Website or any interactions among Members, whether online or offline.
DebateOurFuture EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. Limitation of Liability
DebateOurFuture SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS
OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR
PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR
RELATED TO THE USE OF THE Website OR THIS AGREEMENT. NOTWITHSTANDING ANY
PROVISION IN THIS AGREEMENT TO THE CONTRARY, DebateOurFuture LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO
DebateOurFuture (excluding 3rd party vendor's) FOR THE SERVICES OF THE
WEBSITE DURING THE TERM OF
MEMBERSHIP.
9. Indemnity
You agree to indemnify and hold harmless DebateOurFuture, its officers,
directors, employees, agents, subsidiaries and affiliates from any loss,
liability, claim or demand, including attorneys' fees, made by any third party
due to or arising from your use of the Website, any content that you upload,
your use of content on the Website, your violation of this Agreement or your
violation of any third-party rights.
You agree to indemnify and hold DebateOurFuture.com, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the DebateOurFuture Website in violation of this Agreement and/or arising
from a breach of this Agreement and/or any breach of your representations and
warranties set forth above and/or if any Content that you post on the
DebateOurFuture Website or through the DebateOurFuture Services causes
DebateOurFuture.com to be liable to another.
10. Privacy Policy
Click here to read
the DebateOurFuture privacy policy.
11. Disputes
This Agreement and any disputes arising from this Agreement or use of the
Website shall be governed by the laws of the State of Connecticut without reference
to its provisions on conflict of laws. Any dispute relating in any way to the
Website (including your visit to or use of the Website) shall be submitted to
confidential arbitration in Waterbury, Connecticut, except that, to the extent
you have in any manner violated or threaten to violate proprietary or
intellectual property rights of DebateOurFuture or any of its affiliates, we
may seek injunctive or other appropriate relief in any state or federal court of
competent jurisdiction. For the purpose of such relief, you hereby consent to,
and waive all defenses of lack of personal jurisdiction and forum non conveniens
with respect to, non-exclusive venue and jurisdiction in the state and federal
courts of Connecticut. Arbitration under this Agreement shall be conducted under
the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under these Terms of Use shall be joined to an arbitration
involving any other party subject to these Terms of Use, whether through class
arbitration proceedings or otherwise. Any claim, action or proceeding by you
related in any way to the Website (including your visit to or use of the Website) must be instituted within one (1) year after the cause of action arose or
be forever waived and barred.
Member Disputes. You are solely responsible for your interactions with
other DebateOurFuture.com Members. DebateOurFuture.com reserves the right,
but has no obligation, to monitor disputes between you and other Members.
12. Miscellaneous
This Agreement together with the Privacy Policy contains the entire agreement
between DebateOurFuture and you concerning the subject matter hereof. The
failure of DebateOurFuture to exercise or enforce any right under this
Agreement shall not be deemed to be a waiver of that right nor operate to bar
the exercise or enforcement of it at any time or times thereafter. In the event
that any provision of this Agreement is found invalid, the remainder of the
Agreement shall remain valid and enforceable according to its terms.
This Agreement is accepted upon your use of the DebateOurFuture Website or
any of the DebateOurFuture Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you and
DebateOurFuture.com regarding the use of the DebateOurFuture Services. The
failure of DebateOurFuture.com to exercise or enforce any right or provision
of this Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal or
contractual effect. DebateOurFuture.com is a trademark of DebateOurFuture,
Inc. This Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that provision
is deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
DebateOurFuture.com reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages) by you, or to
restrict, suspend, or terminate your access to all or any part of the
DebateOurFuture Website at any time, for any or no reason, with or without
prior notice, and without liability or refund of any fees.
Fees. You acknowledge that DebateOurFuture.com reserves the right to
charge for the DebateOurFuture Services and to change its fees from time to
time at its discretion. If DebateOurFuture.com terminates your Membership
because you have breached the Agreement, you shall not be entitled to the refund
of any unused portion of any fees.
Passwords. When you sign up to become a Member, you will also be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username, or
password of another Member at any time or to disclose your password to any third
party. You agree to notify DebateOurFuture.com immediately if you suspect any
unauthorized use of your account or access to your password. You are solely
responsible for any and all use of your account.
Non-commercial Use by Members. The DebateOurFuture Services are for
the personal use of Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
DebateOurFuture.com. Illegal and/or unauthorized use of the
DebateOurFuture Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the
DebateOurFuture Website is prohibited. Commercial advertisements, affiliate
links, and other forms of solicitation may be removed from Member profiles
without notice and may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized use of
the DebateOurFuture Services.
DebateOurFuture.com is not responsible for any incorrect or inaccurate
Content posted on the DebateOurFuture Website or in connection with the
DebateOurFuture Services, whether caused by Users of the DebateOurFuture
Services or by any of the equipment or programming associated with or utilized
in the DebateOurFuture Services.
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