DebateAddict License Agreement
OVERVIEW
We at DebateAddict are proud of the products we have built and of our business model which thrives on the success of the debate community. That aside, the global nature of the internet means that a single lawsuit from a single user in a far-away jurisdiction could put us out of business. It also means that our software could be open to mis-use or abuse by anyone in the absence of a license agreement such as this. Therefore, we do require you to read and accept the terms of the license agreement below. We think you'll find it quite fair, however if you cannot agree to the terms please click "Disagree". If you wish, you may send email to adam@debateaddict.com to let us know if you find any part of this agreement to be unacceptable. We can't promise to change anything but we do promise to open our ears and our minds to your concerns.
Important: If you choose to accept this agreement, you must do so in its entirety. Inkwater Technologies, LLC will not accept any changes, additions, or deletions to this agreement.
ELIGIBILITY
The sponsor for your school account may only be an individual who can form legally binding contracts under applicable law. If you do not qualify, please have a qualifying person be the administrator and contact for your school.
FEES
We may change the fees for our services from time to time. Our changes will become effective after we provide you with at least thirty (30) days' notice. Fee changes will not be retroactive but will take effect upon renewal of your school’s annual user agreement. Occasionally, we may post temporary offers without such prior notification such as offering increased referral bonuses to members. All fees are quoted in U.S. Dollars.
SYSTEM AND NETWORK SECURITY
Violations of system and network security are prohibited, and may result in criminal and civil liability. Inkwater Technologies, LLC will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. In the event that Inkwater Technologies, LLC discovers evidence that you attempted or did violate the security of our servers or network, Inkwater Technologies, LLC may at its sole discretion charge you for the costs of said investigation.
INVESTIGATIONS
Inkwater Technologies, LLC reserves the right to investigate suspected violations of this agreement. When we become aware of possible violations, we may initiate an investigation, which may include gathering information from any Card Server member involved and the complaining party, if any, and the examination of Content stored on the Card Server system.
During the investigation, Inkwater Technologies, LLC may suspend or terminate any or all Card Server member accounts involved and/or remove the Content involved from its computers. If Inkwater Technologies, LLC believes, in its sole discretion, that a violation of this agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate content from the Card Server system, warnings to the Card Server member(s), and the suspension or termination of the account or accounts responsible.
If, as a result of any such investigation, Inkwater Technologies, LLC believes that any criminal activity has occurred, Inkwater Technologies, LLC reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
By becoming a Card Server member, you agree to waive any claims you may have against Inkwater Technologies, LLC and to hold Inkwater Technologies, LLC harmless and to indemnify Inkwater Technologies, LLC with respect to any claims, relating to any action taken by Inkwater Technologies, LLC or as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue Inkwater Technologies, LLC or recover any damages whatsoever from Inkwater Technologies, LLC as a result of its decision to remove material from the Card Server system, to warn you, to suspend or terminate your Card Server account, or to take any other action during the investigation of a suspected violation or as a result of Inkwater Technologies, LLC’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
COPYRIGHT ISSUES
You agree not to use the DebateAddict Research System or any related product to violate any copyright of any work. You are solely responsible for ensuring that your use of any copyrighted material is done with the author's permission, subject to "fair use" or another defense, or otherwise permissible under US and international copyright law. We may remove material that we believe to be infringing without prior notice to you, and we may respond to what we believe to be valid "take down" requests submitted pursuant to the Digital Millenium Copyright Act (DMCA)
DMCA AGENT
Pursuant to 17 U.S.C. 512(c), we designate the following individual as our DMCA agent to receive claims of infringement:
Adam E. Astley
5121 Charles Street
Omaha, NE 68132
(402) 551-1899BREACH OF AGREEMENT
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or (b) if we believe that your actions may cause legal liability for you, our users or us.
NO WARRANTY
We and our suppliers provide our web site and services “As Is” and without any warranty of condition, express, implied or statutory. We and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIABILITY LIMIT
In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
Our liability, and the liability of our suppliers, to you or any third parties in any circumstances is limited to the greater of (A) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability and (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
INDEMNITY
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
DISPUTES
You agree to settle any disputes over this agreement with Inkwater Technologies, LLC in the Small Claims Court of Douglas County, Nebraska. If the amount in dispute is too large to allow the dispute to go to small claims court, you agree to resolve the matter via binding arbitration with Inkwater Technologies, LLC.
OUTAGES AND AVAILABILITY OF SERVICE
While Inkwater Technologies, LLC will make all reasonable efforts to ensure that Card Server is available at all times, Inkwater Technologies, LLC does not guarantee, represent or warrant that Card Server services will be uninterrupted or error-free, and Inkwater Technologies, LLC does not guarantee that members will be able to access or use all the Card Server features at all times.
Inkwater Technologies, LLC also does not guarantee or warrant that any content or data you may have in your account at the Card Server will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents or other content – Inkwater Technologies, LLC will not be responsible for any archiving or back-up of any such information. If any data, messages, or other content in your account and stored on the Card Server system is damaged, lost or corrupted in any way, Inkwater Technologies, LLC will have no obligation or liability to you.
SOFTWARE LICENSE
Inkwater Technologies, LLC grants to you a non-exclusive, limited license to use the software designed to provide access to the Card Server for the sole purpose of connecting you to the Card Server. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the software. You may not modify the software or use it in any way not expressly authorized by this agreement. You understand that Inkwater Technologies, LLC’s introduction of various technologies may not be consistent across all platforms or browsers and that the performance and some Card Server features may vary depending on your computer and systems and other equipment.
SCOPE OF SOFTWARE LICENSE
With respect to the Card Server, this agreement represents your entire agreement with Inkwater Technologies, LLC. You agree that this agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a Card Server member, and Inkwater Technologies, LLC.
SEVERABILITY
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Nebraska shall govern this agreement and your Card Server membership. Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Inkwater Technologies, LLC regarding Card Server or relating in any way to your membership or your use of Card Server resides in the courts of the State of Nebraska. You further agree and expressly consent to the exercise of personal jurisdiction in the Nebraska courts in connection with any such dispute, including any claim involving Inkwater Technologies, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to Card Server.
