This Website User Agreement ("Agreement") is between you ("User") and TidyLife, Inc. ("Company"). In consideration of the right to access, which may include a User identification name and password, and use the Company's website www.createdebate.com ("Website"), and the information offered on the Website, User agrees to the terms and conditions of use set forth in this Agreement. This Agreement applies to the products, services and information currently offered by Company and any services, information or products that the Company may choose to offer in the future (unless stated otherwise).
Company's Control Over Website
- Company has the right, but not the obligation, to monitor the use of the Website and its content, and, except as otherwise provided under Section 3, Privacy, may freely use and disclose any information and materials received from the User or collected through User's use of the Website for any lawful reason or purpose. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.
- Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website constitutes User's acceptance thereof.
- Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, services offered, products offered, database, hours of availability, and equipment needed for access or use. Company may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.
Intellectual Property Rights
- The Website is protected by copyright under United States copyright laws, international conventions, and other copyright laws. The logo, slogans, and other distinctive designs are owned by Company or its licensors and are protected by the state, national, and international laws of trademark, trade dress, and unfair competition.
- All materials contained within the Website (the "Content") are protected by copyright and are owned or controlled by Company or the party credited as the provider thereof, with the exception of user provided content. Any and all information provided by User in the course of using the Website unless the source is quoted, is licensed under a Creative Commons Public Domain License.
- User will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.
- Copying, otherwise reproducing, or storing of any Content by User for any use is expressly prohibited without the prior written consent of the Company or the copyright holder identified in the Content's copyright notice.
CreateDebate respects the intellectual property of others, and we ask our users to do the same. It is CreateDebate's policy to respond promptly to claims of copyright and other intellectual property infringement. CreateDebate will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the DMCA, CreateDebate may remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may remove or disable access to any reference or link to material or activity that is claimed to be infringing. CreateDebate may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Service Provider by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted 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 Service Provider to locate the material;
- Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 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; and
- 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
- User represents, warrants and covenants that User shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: restrict or inhibit any other user from using and enjoying the Website, are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another's privacy, hateful, tortious or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, violate, plagiarize, or infringe the rights of third parties, including, but not limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, contain any information, software or other material of a commercial nature, contain advertising of any kind, constitute or contain false or misleading indications of origin or statements of fact, or would harm minors in any way.
- User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure ( e.g., the sending of mass e-mail or junk mail, known as "Spamming"). User may not link to the Website in any manner that would bypass Company's home page. User may not "frame" the Website or any portion thereof.
- User acknowledges that Company, except as otherwise stated, the products or services sold through or advertised in the Website are sold AS IS, without warranty of any kind.
- User acknowledges that transmissions to and from this Website may be read or intercepted by third parties. User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or any other material contained in the Website or any of its links shall be at User's own risk. User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase or distribution of products/services from within it.
- User acknowledges that Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that Company shall not be held responsible or liable for the accuracy, legality, decency or copyright and trademark compliance of any third party site.
- Company does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website.
- Further, by using the Website and the products and/or services Company offers, User may have access to third parties and other websites. Access to such parties and websites does not constitute an endorsement by Company or any of its subsidiaries or affiliates of third parties, or the resources, products or services offered by them.
- Company makes no guarantees or warranties of any kind as to such third parties or their products or services, or any information found on the Internet that User may access through use of the Website.
No Guarantee of Security or Confidentiality
Company makes reasonable efforts to store and safeguard the data User submits but does not and cannot guarantee that the data will be secure or confidential, or that User submissions to or use of the Website will not become known to your employer or any other third party. Use of the Internet and the Website is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Company has endeavored to create a reliable Website, User should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other global communication network cannot be guaranteed. Moreover, User understands that the technical processing and transmission of the Website may involve transmission over various networks that are not owned, controlled, or operated by Company. Accordingly, Company does not guarantee the security, completeness, or accuracy of any information transmitted via the Internet and assumes no responsibility for the deletion of or failure to store or secure any information submitted by User. User must promptly notify Company of any breach of security related to the Website of which User become aware. To help ensure the security of your password or account, User should sign out from your account or close your browser at the end of each session.
Disclaimer of Warranty
THIS WEBSITE IS PROVIDED "AS IS." USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR OTHERWISE ON THE WEBSITE, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE PRODUCTS, SERVICES OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
THE WEBSITE MAY CONTAIN LINKS AND POINTERS TO THIRD PARTIES, AND/OR SPONSORS OF THE WEBSITE. LINKS TO AND FROM THE WEBSITE TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY COMPANY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR RELATED ENTITIES OF ANY THIRD PARTY RESOURCES, OR THEIR CONTENTS.
ADVICE OR INFORMATION OBTAINED BY A USER, EITHER ORALLY OR IN WRITING, FROM THE WEBSITE OR SOME SERVICE OFFERED ON THE WEBSITE SHALL NOT CREATE ANY WARRANTY OF ANY KIND, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
User agrees to indemnify and hold Company, their officers and managers, employees, agents, representatives and affiliates harmless from any and all claims, liabilities, damages and expenses arising out of or relating to User’s use of the Website or any alleged breach of this Agreement by User.
Except as explicitly stated otherwise, any notices shall be given by e-mail to [email protected] (in the case of Company) or to the e-mail address User provided to Company during User's use of the Website (in the case of User), or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
This Agreement may be immediately terminated at any time by Company at its sole discretion. In addition and without prejudice to any other remedy available to Company, Company may immediately terminate this Agreement if User breaches any term of this Agreement.
Any violation of the terms of this Agreement constitutes a breach. Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's right to access the Website if User breaches this Agreement or if the Company is unable to verify or authenticate any information User has provided. Company's failure to act with respect to a breach by User or others does not constitute a waiver of Company's right to act with respect to subsequent or similar breaches. Without limiting any other rights Company has, User understands and acknowledges that Company, in its sole discretion, may pursue legal and/or equitable relief against User if User breaches or threatens to breach this Agreement.
This User Agreement is governed by the laws of the State of Virginia applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of Virginia and waive any jurisdictional, venue or inconvenient forum objections to such courts.
This Agreement constitutes the entire understanding between Company and User with respect to User's use of the Website. Any cause of action User may have with respect to the use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. User may not assign this Agreement.