OpenDebate Banner
GoBack
OpenDebate Terms of Use Agreement

Acknowledgement and Acceptance

    Please read these Terms of Use carefully. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. OpenDebate.com ("OpenDebate"), a subsidiary of Idealicus Technologies, reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates.

    You agree to (a) provide accurate, complete, and current information on the Registration Form, and (b) to maintain and update your e-mail address to keep it accurate, complete and current. As part of the registration process, you will select a user name. We may reject a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by us at our sole discretion.

    You agree to maintain at most one active user account with OpenDebate.com. If you forget your user name or password, notify us via e-mail at: webmaster@OpenDebate.com. If these terms and conditions or any future changes are unacceptable to you, or cause you no longer to be in compliance with the Terms of Use, you may cancel your membership by sending e-mail to: webmaster@OpenDebate.com (see Termination of Service below).

Trademarks, Copyrights and Restrictions

    This site is controlled and operated by OpenDebate. All material on this site, including, but not limited to texts, images, charts, graphs, tables, statistical data, poll results, is protected by copyrights which are owned and controlled by OpenDebate ("Copyrights"). Material from OpenDebate.com or any web site owned, operated, licensed or controlled by OpenDebate ("OpenDebate Web Sites") may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written consent from OpenDebate. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other web site, networked computer environment, in print, or in broadcast is prohibited.

User Conduct

    OpenDebate does not review, screen or edit all messages posted by users. Nonetheless, OpenDebate reserves the right to monitor or remove any information transmitted by or received from you, or to terminate your account and use of OpenDebate Web Site, at any time, without notice, at our sole discretion. It is users' responsibility to bring violations of the Terms of Use to OpenDebate's attention, although we do not guarantee any action based on such information. The following actions, among others, may result in removal of messages and/or termination of your account.

    1. Providing false information on your registration form, or impersonating someone else.
    2. Using the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, pornographic, tortious or otherwise objectionable.
    3. Using the service for the transmission or promotion of junk mail, spam, chain letters, pyramid schemes, donation requests, advertisements, or unsolicited mass distribution of e-mail.
    4. Posting or transmitting third-party copyrighted information or in any way infringing on the intellectual property rights, contractual or fiduciary rights of others.
    5. Posting improper or off-topic messages or posting more than ten messages in one hours.
    6. Violating the letter or spirit of the Terms of Use.

    Your use of OpenDebate is subject to all applicable local, state, national and international laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation, or rule of a national or other securities exchange.

    You agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. You agree to waive and hold OpenDebate harmless from any claims relating to any action taken by OpenDebate as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including but not limited to the removal of posts from the OpenDebate Web Site or the suspension or termination of your account. If you believe someone has used your password or account without your authorization, you must notify OpenDebate immediately at webmaster@OpenDebate.com for a resolution.

Privacy

    OpenDebate respects the privacy concerns of the visitors to OpenDebate Web Sites. No personal information is automatically collected from visitors to its sites, nor is so-called "cookie" technology used by OpenDebate Web Sites. However, certain non-personal information of visitors is recorded by the standard operation of OpenDebate's webservers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink) . By having this information, web pages optimized for a particular visitor's computer is automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the sites but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to OpenDebate only when voluntarily submitted.

    Personally identifiable information that are collected in connection with visitors voluntarily filling out user registration form and voting ballot is retained by OpenDebate and not sold or otherwise transferred outside the company. This information is used to produce user and poll result statistics. It is made available on OpenDebate Web Sites as content material and subjects to the Copyrights described above. Furthermore, with explicit prior user consent some information may be published as content material of OpenDebate Web Sites under the category of user profile.

    This data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We also use e-mail addresses and other personally identifiable information to contact visitors ("Users") who participate in pollls, poll question creation, and message discussions. We send e-mail to users as part of our user registration and verification process. We also send weekly e-mail to users regarding poll update, results, and status. Each e-mail always contains instruction on how to discontinue receipt of the e-mail and membership to OpenDebate.com.

    To the extent that any of our sites accessible through OpenDebate Web Site has additional practices, these practices will be explained at that site.

    OpenDebate reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.

Submissions

    Any notes, question proposal, message postings, ideas, suggestions, concepts or other material submitted will become the property of OpenDebate and OpenDebate shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to OpenDebate web sites, you grant OpenDebate, and its successors and assigns a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, publish, advertise, promote, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant OpenDebate the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

Linked Sites

    OpenDebate, whether or not affiliated with sites which may be linked to or from this site, is not responsible for their content ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. You agree not to hold OpenDebate for any damage, physical, mental, or any other form, caused directly or indirectly by the Linked Sites, such as stated in Disclaimer.

Disclaimer

    The materials in OpenDebat Web Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, OpenDebate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. OpenDebate does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that OpenDebate Web Sites or the server that makes them available are free of viruses or other harmful components. OpenDebate does not warrant or make any representations regarding the use or the results of the use of the materials in OpenDebate web sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not OpenDebate ) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in OpenDebate web sites is provided solely for entertainment purposes. The information and opinions expressed on this site are not necessarily those of OpenDebate or its affiliated or related entities or content providers and OpenDebate makes no representations or warranties regarding that information or those opinions. Furthermore, neither OpenDebate nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in OpenDebate web sites.

    OpenDebate is not responsible for any material posted on our site.

Indemnification

    You agree to indemnify OpenDebate and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

Termination

    You agree that we may, at our sole discretion, terminate or suspend your access to all or part of OpenDebate Web Sites for any reason, including, without limitation, breach of the Terms of Use or any subsequent modifications, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. OpenDebate shall not be liable to you or any third party for the termination of your account or any claims related to the termination of your account..

    Should you object to any terms and conditions of these Terms of Use or any subsequent changes to the terms and conditions or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue use of the Service; (2) terminate your account; and (3) notify OpenDebate of termination by sending an e-mail to: webmaster@OpenDebate.com. Continued use of OpenDebate Web Sites is an acceptance of the Terms of Use and all or any subsequent changes.

Jurisdictional Issues

    Unless otherwise specified, the materials in OpenDebate web sites are presented solely for the purpose of entertainment in the United States, its territories, possessions, and protectorates. This site is controlled and operated by OpenDebate within the State of California, United States of America. OpenDebate makes no representation that materials in OpenDebate Web Sitesare appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

    This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or OpenDebate bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by OpenDebate.

GoBack2

© 1998-2005 www.OpenDebate.com - All Rights Reserved.
. Feedback - Staff - Awards .