Join the Debates 2.0 Terms and Conditions of Use
Exploration School, Inc. (“Explo”) has created this website to provide curricular materials to encourage people to engage in collaborative discussions on issues that will impact the United States presidential debates and election.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR REQUESTING MATERIALS AT THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR REGISTER FOR OUR SITE.
1. Our Services: Overview
Our Site is designed to provide curricular and training materials to encourage discussion of topics related to the presidential debates and election.
3. Types of Membership
Explo provides one type of membership.
4. Members Rights and Obligations
You are invited to fully enjoy our Services for all purposes permitted in these. The following specific provisions govern the rights and obligations related to membership.
4.1. Privacy and Your Content: Please choose carefully the information you choose to share.
4.2. Comments/Feedback: Our Website allows you to provide comments or feedback regarding the Services and your experience participating in Join the Debates. By providing comments/ feedback, you grant us the right to publish your comments and feedback and to use your comments and feedback for the purposes of providing and improving the Services.
4.3. Your Grant of Rights to Explo: By participating in the Services, you consent to appear in any video,photo or audio recordings we may make. You grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to use, copy, reformat, index, modify, display, and distribute the Debate Videos and your Content for purposes of providing our Services (as such services may change over time), for educational purposes, and for purposes of informing others concerning these activities. No compensation will be paid with respect to our use of the Debate Videos or your Content under this grant. Explo will not further distribute or use the Debate Videos, your Content or your name for any purposes other than those specified in this section (Section 4.3) without your consent.
4.4. Rights You Must Have in Your Content: When you engage in Debates on our Site, you represent and warrant (i) that you hold all rights needed to grant requisite rights under Section 4.3 (Your Grant of Rights to Explo); and (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under "fair use" principles).
5. Explo Ownership; Reservation of Rights
All content available on or through the Website -- other than user-provided Content -- including all information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website, or embodied in the Services or the Content, is the proprietary property of Explo and its licensors (“Explo Content”). The Explo Content is protected by U.S. and international copyright and other intellectual property laws, and Explo retains all rights with respect to the Explo Content, the Website, and the Services, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Explo Content, unless specifically authorized in writing by Explo.
6. Code of Conduct
Our Site may provide blogs, chat rooms, message boards, and other services that allow our users to interact with each other (“Interactive Services”). Site Visitors are not able to participate in the Interactive Services – if you are a Site Visitor and you wish to participate in the Interactive Services, you will need to register. As a condition to your use of the Website, the Services, and the Content, including the Interactive Services, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other Content that are unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material or engage in behavior that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. By way of example and not limitation, you shall not use any means to obtain personal information about another user. Similarly, you shall not impersonate another person through the Website.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Service to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site, such as through sending “spam” email.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Services, or Content to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
7. Monitoring of Interactive Services; Removing Postings
7.1. Filters; Blocking and Removal of Content: Although we have no – and assume no — obligation to monitor activities on our Website, please understand that we may employ filters designed to detect and block the transmission of messages that contain sexually explicit or otherwise inappropriate language. We reserve the right to edit, to refuse to post, or to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct.
7.2. Reports and Complaints: If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Site, or by
contacting us in accordance with Section 17 (Contact Us). If we are notified by a user that he or she believes Content at the Site does not comply with our Code of Conduct, we may investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to the person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content at any time, with or without notice, and without liability.
7.3. Revocation or Suspension of Use Privileges: We reserve the right at any time to terminate or suspend your access to some or all of the Interactive Services or the Website i
8. Third Party Links
The Website may contain links or produce search results that reference links to third party Websites (collectively “Linked Sites”). Explo has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Explo does not endorse the content of any Linked Site, nor does Explo warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
9. Warranty Disclaimer
Explo does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on it. The Site, and all Services and Content within them are delivered on an “AS IS” and “AS AVAILABLE” basis. Explo does not warrant or represent that materials you download from the Explo Site will be free of viruses or other harmful features.
EXPLO DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE SITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE EXPLO SITES AND RELATED SERVICES IS AT YOUR SOLE RISK.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL EXPLO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE EXPLO SITE, THE SERVICES, OR THE CONTENT.
You agree that injunctive relief shall provide you with a good and sufficient remedy for any complaints against Explo arising out of its Services, and agree that you will not subsequently claim that such remedy or the remedy and damages limitations provisions of these Terms have “failed of their essential purpose.” Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
You agree to defend, indemnify, and hold Explo and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright Infringement
Explo respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Explo Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
Attention: Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
13. Modifications to these Terms
We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
These Terms of Service shall not be assignable by you, either in whole or in part. Explo reserves the right to assign its rights and obligations under these Terms.
Explo’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Explo and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
17. Contact Us
You may contact us, for any reason, by e-mail as follows:
18. Effective Date
The effective date of these Terms and Conditions of Use is October 2, 2012. Join the Debates is a project led by EXPLO in cooperation with the Commission on Presidential Debates.