Terms Of Service
PLEASE READ THIS DOCUMENT CAREFULLY. The Truth Debate ("The Truth Debate," "we," or "us") offers an online audio and/or video sharing platform and community through its website located at https://thetruthdebate.com and other The Truth Debate-operated sites (collectively, "The Truth Debate website"), mobile applications, and other online services (collectively and including The Truth Debate website, "The Truth Debate"). By registering as a member or by using The Truth Debate in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and The Truth Debate. If you do not wish to be bound by this Agreement, do not use The Truth Debate.
1. Who May Use The Truth Debate
AGE REQUIREMENT: The Truth Debate is recommended for users age 16 and older. Anyone considered a minor (dependent on where you live), must have your parent’s or legal guardian's permission to use The Truth Debate. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use The Truth Debate, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of The Truth Debate. If your child is using The Truth Debate and is a minor or does not have your permission, please us the Contact Us form under the gear icon and we will cancel his or her account within 24 hours. If you have questions about whether Truth Debate is appropriate for your child, please contact us.
WARNING: Even if you have your parent's or guardian's permission, some of the content available within The Truth Debate may not be appropriate for you. Some content may contain "R-rated" material, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use The Truth Debate
LICENSE: The Truth Debate grants you a limited, non-exclusive license to access and use The Truth Debate your own personal, non-commercial purposes. This includes the right to view content available on The Truth Debate website and/or mobile apps. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use The Truth Debate for commercial purposes.
RESTRICTIONS: Except as expressly permitted by The Truth Debate in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble The Truth Debate or any source code therein. Nor will you attempt to circumvent any of The Truth Debate's technical measures or take any measures to interfere with or damage The Truth Debate. All rights not expressly granted by The Truth Debate are reserved.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
REGISTRATION: To fully use The Truth Debate, you must register as a member by providing a user name, password, valid email address, etc. You must provide complete and accurate registration information to The Truth Debate and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: If you select a user name offensive to anyone, yoiu risk your uploads being blocked by those individuals and not showing up on their feeds. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using The Truth Debate. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use The Truth Debate and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Accounts may be deleted from The Truth Debate if they remain inactive (i.e.., the user fails to log in) for a continuous period of at least six (6) months.
TERMINATION FOR BREACH: The Truth Debate may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if The Truth Debate determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage The Truth Debate's reputation and goodwill. If The Truth Debate deletes your account for the foregoing reasons, you may not re-register for The Truth Debate. The Truth Debate may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by The Truth Debate will terminate. Sections 6 and 10 though 15 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. The Truth Debate shall not be responsible for the loss of such content.
6. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g.., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes; or
- Violates any law.
7. Code of Conduct
In using The Truth Debate, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within The Truth Debate Website (unless you are an official The Truth Debate partner or advertiser and have a written agreement with The Truth Debate).
The Truth Debate has the right, but not the obligation, to monitor all conduct on and content submitted to The Truth Debate.
8. Licenses Granted by You
8.1 Audios and/or Videos
LICENSE TO THE TRUTH DEBATE: As between you and The Truth Debate, you own the audio and/or video content ("audios and/or videos") that you submit to The Truth Debate. By submitting an audio and/or video, you grant The Truth Debate and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform, and display (through all media now known or hereafter created), and make derivative works from your audio and/or video for the purpose of (i) displaying the audio and/or video within The Truth Debate; (ii) displaying the audio and/or video on third party websites and applications through an audio and/or video embed or The Truth Debate's API subject to your audio and/or video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the audio and/or video, subject to your audio and/or video privacy choices; (iii) promoting The Truth Debate, provided that you have made the audio and/or video publicly available; and (iv) archiving or preserving the audio and/or video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of The Truth Debate permission to view your audios and/or videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the audios and/or videos solely to the extent necessary to view the audios and/or videos. The foregoing licenses are in addition to any license you may decide to grant (e.g.., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your audios and/or videos from The Truth Debate, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed audios and/or videos may be cached in search engine indices after removal and that The Truth Debate has no control over such caching.
8.2 Non-audio and/or non-video Content
As between you and The Truth Debate, you own all non-audio and/or non-video content that you submit to The Truth Debate. You grant The Truth Debate and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform, and display (through all media now known or hereafter created), and make derivative works from your non-audio and/or non-video content. In addition, you waive any so-called "moral rights" in your non-audio and/or non-video content. You further grant all users of The Truth Debate permission to view your non-audio and/or non-video content for their personal, non-commercial purposes. If you make suggestions to The Truth Debate on improving or adding new features to The Truth Debate, The Truth Debate shall have the right to use your suggestions without any compensation to you.
9. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to The Truth Debate and grant the licenses set forth above; (ii) The Truth Debate will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless The Truth Debate and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on The Truth Debate; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to The Truth Debate violates any law or infringes any third party right, including any intellectual property or privacy right.
11. Third Party Copyrights and Other Rights
The Truth Debate respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our copyright and DMCA policy below. For other intellectual property claims, please send us a notice at firstname.lastname@example.org.
The Truth Debate respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to The Truth Debate website do not infringe any third party copyright.
The Truth Debate will promptly remove materials from The Truth Debate website in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, The Truth Debate may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
1. Your name, addresses, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where on The Truth Debate website the material that you claim is infringing may be found, sufficient for The Truth Debate to locate the material (e.g., the URL);
4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
6. Your electronic or physical signature.
You may submit this information via email: email@example.com
The Truth Debate reserves the right to modify The Truth Debate. You are responsible for providing your own access (e.g.., computer, mobile device, Internet connection, etc.) to The Truth Debate. The Truth Debate has no obligation to screen or monitor any content and does not guarantee that any content available on The Truth Debate complies with this Agreement or is suitable for all users.
The Truth Debate provides The Truth Debate on an "as is" and "as available" basis. You therefore use The Truth Debate at your own risk. The Truth Debate expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, The Truth Debate makes no representations or warranties:
- That The Truth Debate will be permitted in your jurisdiction;
- That The Truth Debate will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party's use of content that you submit;
- That any content you submit will be made available on The Truth Debate or will be stored by The Truth Debate;
- That The Truth Debate will meet your business or professional needs;
- That The Truth Debate will continue to support any particular feature of The Truth Debate; or
- Concerning sites and resources outside of The Truth Debate, even if linked to from The Truth Debate.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used The Truth Debate, and no warranties shall apply after such period.
13. Limitation of Liability
To the fullest extent permitted by law: (i) The Truth Debate shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses; and (ii) The Truth Debate's total liability to you shall not exceed the amounts paid by you to The Truth Debate over the twelve (12) months preceding your claim(s).
14. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, audios and/or videos, and other visual media displayed on The Truth Debate are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D)or are otherwise exempt because the visual depictions were created prior to July 3, 1995. The Truth Debate is not the primary producer of the audio and/or visual content contained on The Truth Debate.
15. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of The Truth Debate must be commenced in the state or federal courts located in Fresno County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, The Truth Debate and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delays by The Truth Debate in exercising any right hereunder will waive any further exercise of that right. The Truth Debate's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without The Truth Debate's prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from The Truth Debate electronically. The Truth Debate may provide all such communications by email or by posting them on https://thetruthdebate.com. For support-related inquiries, you may contact us. You may send notices of a legal nature to The Truth Debate at firstname.lastname@example.org.
Nothing herein shall limit The Truth Debate's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by The Truth Debate on The Truth Debate website or a written amendment signed by an authorized representative of The Truth Debate. A revised Terms of Service will be effective as of the date it is posted on The Truth Debate website.
ENTIRE AGREEMENT: This Agreement supersedes all prior agreements and understandings regarding the same.