2. You may not use the Services unless all of the following apply to you, and you affirm that all of the following apply to you:
You are legally allowed to use the Services where you live;
You are not using the Services or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to these Terms;
You have not been banned by American Civil Debate LLC from using the Services
4. Any content that you post to the Services must satisfy all of the following criteria, and you affirm that any content posted, submitted, or otherwise provided by you to the Services satisfies these criteria:
You have the legal right to post the content to the Services
The content and the purpose for posting it complies with all laws, rules, and regulations that may apply
The content does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
The content does not include non-public personal private information belonging to someone else -another person’s birthdate, home address, or telephone number.
The content complies with the American Civil Debate, LLC Community Guidelines. You are responsible for your use of the Services and for any content that you American Civil Debate, LLC does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy, or reliability of any of the content posted through the Services, nor does American Civil Debate, LLC endorse any opinions expressed through the Services. All content is the sole responsibility of the person who originated the content, and American Civil Debate, LLC does not take responsibility for such content.
With respect to any content you contribute that uses YouTube services via American Civil Debate, LLC you affirm that-in addition to complying with American Civil Debate, LLC’s own Terms and Community Guidelines-you are also complying with YouTube’s more restrictive Terms. (Users are encouraged to use American Civil Debate, LLC’s own native video capabilities whenever they wish to avoid the application of these more restrictive )
Right to Distribute. You grant to American Civil Debate, LLC a license to any content posted by you to the Services, including a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content. You agree that American Civil Debate, LLC or its service providers or partners may display advertising in connection with your content and otherwise monetize your content without compensation to you, unless you are a participant in our Influencer Network – then you will be compensated according to the terms of that program. You warrant that you have all rights necessary to grant these rights to American Civil Debate, LLC and other members of American Civil Debates, LLC community. You also grant a limited non-exclusive, royalty-free license to any American Civil Debate, LLC community member to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute any content posted by you to the Services solely in connection with that member’s use of the Services. The licenses granted by you hereunder do not include any moral rights or right of attribution.
5. Copyright infringement is not allowed on the Services, and American Civil Debate, LLC will, in appropriate circumstances, terminate the account of any repeat If your copyright has been infringed by any content on the Services and you did not grant a license for this use by uploading your copyrighted work to the Services, you may submit a notice that meets all of the requirements of the Digital Millennium CopyrightAct (DMCA). 17 U.S.C 512(c)(3), to our Copyright Manager at [email protected]or Alvaro C Sanchez, 1714 Cape Coral Pkwy E, Cape Coral, FL 33904. Your notice must include: (1) electronic or physical signature of the copyrighted work owner (or person authorized by the copyright owner), (2) a description of the copyrighted work, including the URL where the infringing content is available, or a copy of it, (3) contact details of the person submitting the notice, including email address, telephone, and mailing address, (4) statement in “good faith belief’ that the work is not authorized by the copyright owner, and (5) a statement by the sender that all of the above information is accurate, and that the person sending the notice is either the copyright owner or is authorized to act on behalf of the copyright owner. Upon receiving a notice satisfying these requirements, American Civil Debate, LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the services.
6. You may not interfere with the Services in any way, such as by accessing the Services through automated means in a manner that puts excessive demand on the Services; by hacking the Services; by accessing without authorization areas of the Services that are protected by technical measures designed to prevent unauthorized access; by testing the vulnerability of the Services; by impersonating American Civil Debate, LLC on the Services; by accessing the Services for any purpose that competes with the interests of American Civil Debate, LLC ; by spamming American Civil Debate, LLC community members; by failing to respond to operational communications or requests from American Civil Debate, LLC; or through any other type of interference with the Services or American Civil Debate, LLC relationships with
7. American Civil Debate, LLC may remove any content and terminate your access to the Services at any time and for any reason to the extent American Civil Debate, LLC reasonably believes (a) you have violated these Terms or American Civil Debate, LLC’s Community Guidelines, (b) you create risk or possible legal exposure for American Civil Debate LLC, or (c) you are otherwise engaging in unlawful conduct-although American Civil Debate, LLC endeavors to allow all free speech that is lawful and does not infringe the legal rights of others. Any invitation made by American Civil Debate, LLC to you to use the Services or submit content to the Services, or the fact that American Civil Debate, LLC may receive a benefit from your use of the Services or provision of content to the Services, will not obligate American Civil Debate, LLC to maintain any content or maintain your access to the American Civil Debate, LLC will have no liability to you for removing any content, for terminating your access to the Services, or for modifying or terminating the Services.
8. You agree to receive communications from American Civil Debate, LLC including communications sent by phone, email, text message, or other means of If you provided a phone number, American Civil Debate, LLC you are required to notify American Civil Debate, LLC when you cease to own or control that number to help prevent American Civil Debate, LLC from sending communications to others who may acquire that number.
9. The Services are provided to you as-is and at your own risk. The Services come
with no express or implied warranties, except those that cannot be disclaimed under the law.
American Civil Debate, LLC DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. American Civil Debate, LLC
makes no representation or endorsement about the function of the Services or any content available through the Services. has no responsibility or liability to you arising from your use of the Services. American Civil Debate, LLC has no responsibility or liability to you arising from content provided by you or any other person, even if such content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although American Civil Debate, LLC may make efforts to review or monitor content, you agree that you will not rely on this fact for any purpose. American Civil Debate, LLC has no responsibility or liability to you arising from hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you
to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARD- LESS OF THE NATURE OF THE CAUSE OF ACTION, AMERICAN CIVIL DEBATE, LLC WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING
FROM (a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (b) FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PERSONS OR THIRD PARTIES;
(c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR COMMUNICATIONS THROUGH THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
AMERICAN CIVIL DEBATE, LLC ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF TWO HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE AMOUNT YOU PAID PARLER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND SHALL FURTHER APPLY WHETHER OR NOT PARLER HAS BEEN INFORMED OF THE POSSIBLITY OF ANY SUCH DAMAGES AND EVEN IF A REMEDY LAID OUT
IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
10. Applicable law and jurisdiction. The laws of the State of Florida, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and
American Civil Debate, LLC. All disputes related to these Terms or the Services will be brought solely in the state or federal courts located in Lee County, FL, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
10.1. You affirm that you are competent to agree to be bound by this Agreement,
meaning that you are over the age of 18, an emancipated minor, or have legal parental or guardian consent. Parents of minors should be aware that, in addition to the NSFW filters made available by American Civil Debate, LLC, there are a number of Parental Control products and features available on the market, which can help you tailor your child’s experience on our platform.
11. American Civil Debate, LLC cannot waive any right to enforce this Agreement, unless it does so expressly in writing. No waiver of any part of this Agreement, will be a further or continuing waiver of that part or any other part, and no failure to enforce any part of this Agreement will be deemed a waiver of any kind.
American Civil Debate, LLC may modify the Terms of this Agreement in any way and at any time without notice to you, and you agree to be responsible for making yourself aware of any modification of the Terms and to be bound by any modification of the Terms when you continue to access or use the Services after any such modification. As a matter of courtesy, American Civil Debate, LLC endeavors to inform its community members of any such changes. These Terms supersede all prior agreements between you and American Civil Debate, LLC pertaining to the Services. Except for the statements in this document and the documents expressly incorporated herein by reference, no statement by American Civil Debate, LLC or anyone associated with American Civil Debate, LLC, whether verbal or written, can modify or supplement the Terms of this Agreement unless the modification or supplement is stated expressly in writing by referring to this Agreement. If any of the Terms in the Agreement are held to be invalid or unenforceable by a court or arbitrator or by operation of law, the remaining Terms will remain in effect.
WHAT INFORMATION DO WE COLLECT?
In order to provide you with use of our products, we may gather and process some or all, of the following information:
Content: any information that is collected from or stored by you when you use our products, other than Registration Information, Customer Service Communications or Log Information.
Registration Information: any information provided when voluntarily registering for use of our products, including, but not limited to, username and password and email address.
Service Communications: any information that is reported to us about the operation of our products, including bug reports or requests for enhancements.
Log Information: When you use some products, our servers automatically record basic information that your application sends. These server logs may include information such as your message, Internet Protocol address, other addressing information, the date and time of your request and an authentication token used to validate the identity of you and your computer.
HOW DO WE USE THIS INFORMATION AND FOR WHAT PURPOSE?
We ask for Registration Information in order to verify your identity and to enable your use of our products.
We respect the privacy of personal e-mail accounts and we will store your e-mail addresses just as securely as other Personal Data. We will not send you unwanted e-mail messages or junk mail, and your details will not be passed to third parties for their marketing purposes without your explicit permission. However, we will use e-mail to send you messages about faults and service issues. We may also use e-mail to keep you up to date with news about American Civil Debate, LLC.
If you do not want to be kept informed in this way by e-mail, please contact us at [email protected]
Further, we reserve the right to use e-mail to notify you of any eventual claims related to your use of our products, including without limitation claims of violation of third party rights.
In general, we will not review or provide third parties access to Content (other than third parties who are utilizing our products to communicate with you). However, if required by law, we reserve the right to pre-screen, review, flag, filter, modify, refuse or remove any or all of Content from our products.
Customer Service Communications
Information which is voluntarily submitted in feedback is used for the purposes of reviewing this feedback and improving our products. We reserve the right to utilize anonymous information for marketing purposes, for instance by displaying selected comments on our products or in other communications. Further, we may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time in any obligation to provide any of such data. We will never use any personally identifiable (feedback) information without your explicit permission thereto.
We will use this routing information to provide you with access to our products and for statistical information.
TO WHOM DO WE TRANSFER YOUR PERSONAL INFORMATION?
Except as provided below, we shall not sell, rent, trade or otherwise transfer any Registration Information or Content to any third party without your explicit permission, unless we are obliged to do so under applicable laws or by order of the competent authorities.
We may share your information with our affiliates and other service providers and third parties for which we are providing our service in connection with your use. We may offer some of our services in connection with other service providers. Registration Information that you provide to us may be sent to those providers in order to deliver the service provided by them; similarly, personal information that you provide to those sites may be sent to us in order to operate our products.
Information collected by us may be stored and processed in any country in which we and our affiliates maintain facilities. We reserve the right to transfer information outside of the country where you reside and/or from which you use our products. By using our products you consent to any such transfer of information.
As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions as well as in the event all or substantially all of our assets are acquired by a third party, personal information of our users will generally be one of the transferred business assets. We reserve the right to include your personal information, collected as an asset, in any such transfer to a third party.
HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
We take appropriate organizational and technical measures to protect the data provided to us or collected by us, and do not retain it any longer than permitted in order to perform our services or as required under relevant legislation, with due observance of the applicable obligations and exceptions under the relevant legislation. You should be aware that internet communications are not always secure. Although we do ta what we consider appropriate steps to protect your data, protection of information available over the internet is subject to attack from third parties, and accordingly we cannot promise you that third parties cannot access Content.
HOW LONG IS YOUR PERSONAL DATA KEPT BY US?
WHAT ARE COOKIES AND HOW DO WE USE THEM?
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie will in no way linked to any personally identifiable information while using our products. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our product, the user would not have to log in a password more than once, thereby saving time while on our products. If a user rejects the cookie, they may still use our products. The only drawback to this is that the user will be limited. Cookies can also enable us to track to enhance the experience using products. and for analytic purposes to help us understand the use of our products.
HOW FAR DOES OUR RESPONSIBILITY EXTEND?
WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT US?
If you would like to exercise your right to view, correct, complete or remove your Personal Data, please contact us at [email protected] Upon verification of your identity, we will attempt to quickly fulfill your request, provided we will not act contrary to applicable legislation by fulfilling your request.